[Rev. 10/24/2013 7:59:17 PM--2013]

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ê2013 Statutes of Nevada, Page 875 (Chapter 221, SB 60)ê

 

      Sec. 54. NRS 87A.540 is hereby amended to read as follows:

      87A.540  1.  Before transacting business in this State, a foreign limited partnership shall register with the Secretary of State. A person shall not register a foreign limited partnership with the Secretary of State for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  In order to register, a foreign limited partnership shall submit to the Secretary of State an application for registration as a foreign limited partnership, signed by a general partner. The application for registration must set forth:

      [1.](a) The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this State;

      [2.](b) The state or jurisdiction under whose law the foreign limited partnership is organized and the date of its organization;

      [3.](c) The information required pursuant to NRS 77.310;

      [4.](d) A statement that the Secretary of State is appointed the agent of the foreign limited partnership for service of process if the registered agent’s authority has been revoked or if the registered agent cannot be found or served with the exercise of reasonable diligence;

      [5.](e) The address of the office required to be maintained in the state or jurisdiction of its organization by the laws of that state or jurisdiction or, if not so required, of the principal office of the foreign limited partnership;

      [6.](f) The name and business address of each general partner; and

      [7.](g) The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this State is cancelled or withdrawn.

      Sec. 55. NRS 87A.560 is hereby amended to read as follows:

      87A.560  1.  Each foreign limited partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited partnership with the Secretary of State [,] or, if the foreign limited partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign limited partnership;

      (b) The file number of the foreign limited partnership, if known;

      (c) The names of all its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a general partner of the foreign limited partnership , or some other person specifically authorized by the foreign limited partnership to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that : [the foreign limited partnership:]

 


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      (a) [Has] The foreign limited partnership has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

      (c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.

      4.  If a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 87A.560 to 87A.600, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 87A.560 to 87A.600, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  The Secretary of State may allow a foreign limited partnership to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 56. NRS 87A.595 is hereby amended to read as follows:

      87A.595  1.  Except as otherwise provided in subsections 3 and 4 and NRS 87A.580, the Secretary of State shall reinstate a foreign limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

 


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ê2013 Statutes of Nevada, Page 877 (Chapter 221, SB 60)ê

 

partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 87A.560;

             (2) The statement required by NRS 87A.565, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected general partners of the foreign limited partnership; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 87A.560 and 87A.585 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 87A.565, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign limited partnership, the Secretary of State shall issue to the foreign limited partnership a certificate of reinstatement if the foreign limited partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 87A.315.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign limited partnership to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  [Except as otherwise provided in NRS 87A.600, a] A reinstatement pursuant to this section relates back to the date on which the foreign limited partnership forfeited its right to transact business under the provisions of this chapter and reinstates the foreign limited partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 57. NRS 87A.610 is hereby amended to read as follows:

      87A.610  1.  Every foreign limited partnership transacting business in this State which willfully fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every foreign limited partnership transacting business in this State which fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered with the Secretary of State.

      3.  The failure of a foreign limited partnership to register with the Secretary of State does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit or proceeding in any court of this State.

      4.  When the Secretary of State is advised that a foreign limited partnership is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the foreign limited partnership has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover any applicable fine provided for in this section.

 


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ê2013 Statutes of Nevada, Page 878 (Chapter 221, SB 60)ê

 

attorney of the county where the foreign limited partnership has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover any applicable fine provided for in this section. The district attorney of the county where the foreign limited partnership has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover a fine pursuant to this section, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a foreign limited partnership to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this State without registration.

      [6.]7.  A foreign limited partnership, by transacting business in this State without registering with the Secretary of State, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.

      [7.]8.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 58. NRS 87A.630 is hereby amended to read as follows:

      87A.630  1.  To become a registered limited-liability limited partnership, a limited partnership shall file with the Secretary of State a certificate of registration stating each of the following:

      (a) The name of the limited partnership.

      (b) The street address of its principal office.

      (c) The information required pursuant to NRS 77.310.

      (d) The name and business address of each organizer signing the certificate.

      (e) The name and business address of each initial general partner.

      (f) That the limited partnership thereafter will be a registered limited-liability limited partnership.

      (g) Any other information that the limited partnership wishes to include.

      2.  The certificate of registration must be signed by the vote necessary to amend the partnership agreement or, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions.

      3.  The Secretary of State shall register as a registered limited-liability limited partnership any limited partnership that submits a completed certificate of registration with the required fee. A person shall not register a registered limited-liability limited partnership for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      4.  [A partnership] Any person may register as a registered limited-liability limited partnership at the time [it] the person files a certificate of limited partnership by filing a [combined] certificate of limited partnership and a certificate of registration of a limited-liability limited partnership with the Secretary of State and paying the fees prescribed in subsections 1 and 2 of NRS 87A.315.

 


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ê2013 Statutes of Nevada, Page 879 (Chapter 221, SB 60)ê

 

      5.  The registration of a registered limited-liability limited partnership is effective at the time of the filing of the certificate of registration with the Secretary of State or upon a later date and time as specified in the certificate of registration, which date must not be more than 90 days after the date on which the certificate of registration is filed. If the certificate of registration specifies a later effective date but does not specify an effective time, the certificate of registration is effective at 12:01 a.m. in the Pacific time zone on the specified later date.

      Sec. 59. NRS 87A.632 is hereby amended to read as follows:

      87A.632  1.  Every person, other than a limited-liability limited partnership formed pursuant to an agreement governed by the laws of another state, who is purporting to do business in this State as a registered limited-liability limited partnership and who willfully fails or neglects to file with the Secretary of State a certificate of registration is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in this section, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 60. NRS 87A.652 is hereby amended to read as follows:

      87A.652  1.  Every limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, which is purporting to transact business in this State as a foreign registered limited-liability limited partnership and which willfully fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, which is purporting to transact business in this State as a foreign registered limited-liability limited partnership and which fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered in this State.

      3.  The failure of a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state and purporting to do business in this State as a foreign registered limited-liability limited partnership, to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 does not impair the validity of any contract or act of the limited-liability limited partnership or prevent the limited-liability limited partnership from defending any action, suit or proceeding in any court of this State.

 


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ê2013 Statutes of Nevada, Page 880 (Chapter 221, SB 60)ê

 

provisions of NRS 87A.540 or 88.575 does not impair the validity of any contract or act of the limited-liability limited partnership or prevent the limited-liability limited partnership from defending any action, suit or proceeding in any court of this State.

      4.  When the Secretary of State is advised that a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the limited-liability limited partnership has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the limited-liability limited partnership has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A limited partner of a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, is not liable as a general partner of the limited-liability limited partnership solely by reason of having transacted business in this State without registration.

      [6.]7.  A limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, by transacting business in this State without registering with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.

      [7.]8.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 60.5. NRS 88.332 is hereby amended to read as follows:

      88.332  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the limited partnership, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  Each limited partnership which fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 88.400 and 88.405.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 61. NRS 88.339 is hereby amended to read as follows:

      88.339  1.  A limited partnership may correct a record filed in the Office of the Secretary of State with respect to the limited partnership if the record contains an inaccurate description of a partnership action or if the record was defectively signed, attested, sealed, verified or acknowledged.

 


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      2.  To correct a record, the limited partnership must:

      (a) Prepare a certificate of correction that:

             (1) States the name of the limited partnership;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by a general partner of the limited partnership [.] or by some other person specifically authorized by the limited partnership to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a limited partnership has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the limited partnership may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

      Sec. 62. NRS 88.342 is hereby amended to read as follows:

      88.342  1.  A limited partnership may carry on any business that a partnership without limited partners may carry on except banking or insurance.

      2.  A person shall not form a limited partnership for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      Sec. 63. NRS 88.352 is hereby amended to read as follows:

      88.352  1.  Every person, other than a foreign limited partnership, who is purporting to do business in this State as a limited partnership and who willfully fails or neglects to file with the Secretary of State a certificate of limited partnership is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person, other than a foreign limited partnership, is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

 


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ê2013 Statutes of Nevada, Page 882 (Chapter 221, SB 60)ê

 

      Sec. 64. NRS 88.395 is hereby amended to read as follows:

      88.395  1.  A limited partnership shall, on or before the last day of the first month after the filing of its certificate of limited partnership with the Secretary of State [,] or, if the limited partnership has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the limited partnership;

      (b) The file number of the limited partnership, if known;

      (c) The names of all of its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a general partner of the limited partnership , or some other person specifically authorized by the limited partnership to sign the list, certifying that the list is true, complete and accurate.

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 76 of NRS [and which] , that the limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] , and that none of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      2.  Except as otherwise provided in subsection 3, a limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $125.

      3.  A registered limited-liability limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $175.

      4.  If a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual list required pursuant to subsection 1. Failure of any limited partnership to receive a notice does not excuse it from the penalty imposed by NRS 88.400.

 


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ê2013 Statutes of Nevada, Page 883 (Chapter 221, SB 60)ê

 

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.

      9.  A person who files with the Secretary of State a list required by subsection 1 which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

      Sec. 65. NRS 88.410 is hereby amended to read as follows:

      88.410  1.  Except as otherwise provided in subsections 3 and 4 and NRS 88.3355, the Secretary of State shall reinstate any limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and restore to the limited partnership its right to carry on business in this State, and to exercise its privileges and immunities if it:

      (a) Files with the Secretary of State:

             (1) The list required pursuant to NRS 88.395;

             (2) The statement required by NRS 88.397, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected general partners of the limited partnership; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88.395 and 88.400 for each year or portion thereof during which the certificate has been revoked;

             (2) The fee set forth in NRS 88.397, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the limited partnership, the Secretary of State shall issue to the limited partnership a certificate of reinstatement if the limited partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88.415.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees and penalties.

      4.  If a limited partnership’s certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.

      5.  Except as otherwise provided in NRS 88.327, a reinstatement pursuant to this section relates back to the date on which the limited partnership forfeited its right to transact business under the provisions of this chapter and reinstates the limited partnership’s right to transact business as if such right had at all times remained in full force and effect.

 


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ê2013 Statutes of Nevada, Page 884 (Chapter 221, SB 60)ê

 

partnership forfeited its right to transact business under the provisions of this chapter and reinstates the limited partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 66. NRS 88.575 is hereby amended to read as follows:

      88.575  1.  Before transacting business in this State, a foreign limited partnership shall register with the Secretary of State. A person shall not register a foreign limited partnership with the Secretary of State for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  In order to register, a foreign limited partnership shall submit to the Secretary of State an application for registration as a foreign limited partnership, signed by a general partner. The application for registration must set forth:

      [1.](a) The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this State;

      [2.](b) The state or jurisdiction under whose law the foreign limited partnership is organized and the date of its organization;

      [3.](c) The information required pursuant to NRS 77.310;

      [4.](d) A statement that the Secretary of State is appointed the agent of the foreign limited partnership for service of process if the registered agent’s authority has been revoked or if the registered agent cannot be found or served with the exercise of reasonable diligence;

      [5.](e) The address of the office required to be maintained in the state or jurisdiction of its organization by the laws of that state or jurisdiction or, if not so required, of the principal office of the foreign limited partnership;

      [6.](f) The name and business address of each general partner; and

      [7.](g) The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this State is cancelled or withdrawn.

      Sec. 67. NRS 88.591 is hereby amended to read as follows:

      88.591  1.  Each foreign limited partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited partnership with the Secretary of State [,] or, if the foreign limited partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign limited partnership;

      (b) The file number of the foreign limited partnership, if known;

      (c) The names of all its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) [The information required pursuant to NRS 77.310; and

 


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      (f)] The signature of a general partner of the foreign limited partnership , or some other person specifically authorized by the foreign limited partnership to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that : [the foreign limited partnership:]

      (a) [Has] The foreign limited partnership has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

      (c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.

      4.  If a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 88.591 to 88.5945, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88.591 to 88.5945, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  The Secretary of State may allow a foreign limited partnership to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

 


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      Sec. 68. NRS 88.594 is hereby amended to read as follows:

      88.594  1.  Except as otherwise provided in subsections 3 and 4 and NRS 88.5927, the Secretary of State shall reinstate a foreign limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 88.591;

             (2) The statement required by NRS 88.5915, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected general partners of the foreign limited partnership; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88.591 and 88.593 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 88.5915, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign limited partnership, the Secretary of State shall issue to the foreign limited partnership a certificate of reinstatement if the foreign limited partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88.415.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign limited partnership to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  Except as otherwise provided in NRS 88.5945, a reinstatement pursuant to this section relates back to the date on which the foreign limited partnership forfeited its right to transact business under the provisions of this chapter and reinstates the foreign limited partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 69. NRS 88.600 is hereby amended to read as follows:

      88.600  1.  Every foreign limited partnership transacting business in this State which willfully fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every foreign limited partnership transacting business in this State which fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered in this State.

      3.  The failure of a foreign limited partnership to register with the Secretary of State does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit or proceeding in any court of this State.

 


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foreign limited partnership or prevent the foreign limited partnership from defending any action, suit or proceeding in any court of this State.

      4.  When the Secretary of State is advised that a foreign limited partnership is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the foreign limited partnership has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the foreign limited partnership has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a foreign limited partnership to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this State without registration.

      [6.]7.  A foreign limited partnership, by transacting business in this State without registering with the Secretary of State, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.

      [7.]8.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 70. NRS 88.606 is hereby amended to read as follows:

      88.606  1.  To become a registered limited-liability limited partnership, a limited partnership shall file with the Secretary of State a certificate of registration stating each of the following:

      (a) The name of the limited partnership.

      (b) The street address of its principal office.

      (c) The information required pursuant to NRS 77.310.

      (d) The name and business address of each organizer signing the certificate.

      (e) The name and business address of each initial general partner.

      (f) That the limited partnership thereafter will be a registered limited-liability limited partnership.

      (g) Any other information that the limited partnership wishes to include.

      2.  The certificate of registration must be signed by the vote necessary to amend the partnership agreement or, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions.

      3.  The Secretary of State shall register as a registered limited-liability limited partnership any limited partnership that submits a completed certificate of registration with the required fee.

      4.  [A partnership] Any person may register as a registered limited-liability limited partnership at the time of filing [its] a certificate of limited partnership by filing a [combined] certificate of limited partnership and a certificate of registration of a limited-liability limited partnership with the Secretary of State and paying the fees required pursuant to subsections 1 and 2 of NRS 88.415.

 


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certificate of registration of a limited-liability limited partnership with the Secretary of State and paying the fees required pursuant to subsections 1 and 2 of NRS 88.415.

      5.  The registration of a registered limited-liability limited partnership is effective at the time of the filing of the certificate of registration.

      6.  A person shall not register a registered limited-liability limited partnership for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      Sec. 71. NRS 88.6062 is hereby amended to read as follows:

      88.6062  1.  Every person, other than a limited-liability limited partnership formed pursuant to an agreement governed by the laws of another state, who is purporting to do business in this State as a registered limited-liability limited partnership and who willfully fails or neglects to file with the Secretary of State a certificate of registration is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in this section, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 72. NRS 88.6087 is hereby amended to read as follows:

      88.6087  1.  Every limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, which is purporting to transact business in this State as a foreign registered limited-liability limited partnership and which willfully fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, which is purporting to transact business in this State as a foreign registered limited-liability limited partnership and which fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered in this State.

      3.  The failure of a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state and purporting to do business in this State as a foreign registered limited-liability limited partnership, to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 does not impair the validity of any contract or act of the limited-liability limited partnership or prevent the limited-liability limited partnership from defending any action, suit or proceeding in any court of this State.

 


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partnership, to register with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575 does not impair the validity of any contract or act of the limited-liability limited partnership or prevent the limited-liability limited partnership from defending any action, suit or proceeding in any court of this State.

      4.  When the Secretary of State is advised that a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the limited-liability limited partnership has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the limited-liability limited partnership has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A limited partner of a limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, is not liable as a general partner of the limited-liability limited partnership solely by reason of having transacted business in this State without registration.

      [6.]7.  A limited-liability limited partnership, formed pursuant to an agreement governed by the laws of another state, by transacting business in this State without registering with the Secretary of State in accordance with the provisions of NRS 87A.540 or 88.575, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.

      [7.]8.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 73. NRS 88A.200 is hereby amended to read as follows:

      88A.200  1.  A business trust may be formed to carry on any lawful business or activity.

      2.  A person shall not form a business trust for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      Sec. 74. NRS 88A.215 is hereby amended to read as follows:

      88A.215  1.  Every person, other than a foreign business trust, who is purporting to do business in this State as a business trust and who willfully fails or neglects to file with the Secretary of State a certificate of trust is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person, other than a foreign business trust, is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine.

 


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business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 74.5. NRS 88A.530 is hereby amended to read as follows:

      88A.530  1.  If its registered agent resigns pursuant to NRS 77.370 or if its commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, a business trust, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  A business trust that fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 88A.630 to 88A.660, inclusive.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 75. NRS 88A.600 is hereby amended to read as follows:

      88A.600  1.  A business trust formed pursuant to this chapter shall, on or before the last day of the first month after the filing of its certificate of trust with the Secretary of State [,] or, if the business trust has selected an alternative due date pursuant to subsection 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of trust with the Secretary of State occurs, file with the Secretary of State [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, on a form furnished by the Secretary of State, a list signed by at least one trustee , or by some other person specifically authorized by the business trust to sign the list, that contains the name and street address of at least one trustee . [and the information required pursuant to NRS 77.310.] Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that : [the business trust:]

      (a) [Has] The business trust has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

      (c) None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.

      2.  Upon filing:

 


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      (a) The initial list required by subsection 1, the business trust shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, the business trust shall pay to the Secretary of State a fee of $125.

      3.  If a trustee of a business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.

      4.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each business trust which is required to comply with the provisions of NRS 88A.600 to 88A.660, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 2 and a reminder to file the list required pursuant to subsection 1. Failure of a business trust to receive a notice does not excuse it from the penalty imposed by law.

      5.  An annual list for a business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year.

      6.  A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      7.  For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a business trust based solely on the fact that the person is a beneficial owner.

      8.  The Secretary of State may allow a business trust to select an alternative due date for filing the initial list required by subsection 1.

      9.  The Secretary of State may adopt regulations to administer the provisions of subsection 8.

      Sec. 76. NRS 88A.650 is hereby amended to read as follows:

      88A.650  1.  Except as otherwise provided in subsections 3 and 4 and NRS 88A.345, the Secretary of State shall reinstate a business trust which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the business trust its right to carry on business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 88A.600; [and]

             (2) The information required pursuant to NRS 77.310; and

             (3) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected trustees of the business trust; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88A.600 and 88A.630 for each year or portion thereof during which its certificate of trust was revoked; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the business trust, the Secretary of State shall issue to the business trust a certificate of reinstatement if the business trust:

 


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      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88A.900.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the certificate of trust occurred only by reason of the failure to file the list or pay the fees and penalties.

      4.  If a certificate of business trust has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the certificate must not be reinstated.

      5.  Except as otherwise provided in NRS 88A.660, a reinstatement pursuant to this section relates back to the date on which the business trust forfeited its right to transact business under the provisions of this chapter and reinstates the business trust’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 77. NRS 88A.710 is hereby amended to read as follows:

      88A.710  1.  Before transacting business in this State, a foreign business trust shall register with the Secretary of State. A person shall not register a foreign business trust with the Secretary of State for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  In order to register, a foreign business trust shall submit to the Secretary of State an application for registration as a foreign business trust, signed by a trustee. The application for registration must set forth:

      [1.](a) The name of the foreign business trust and, if different, the name under which it proposes to register and transact business in this State;

      [2.](b) The state and date of its formation;

      [3.](c) The information required pursuant to NRS 77.310;

      [4.](d) The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign business trust; and

      [5.](e) The name and address, either residence or business, of one trustee.

      Sec. 78. NRS 88A.732 is hereby amended to read as follows:

      88A.732  1.  Each foreign business trust doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign business trust with the Secretary of State [,] or, if the foreign business trust has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign business trust;

      (b) The file number of the foreign business trust, if known;

      (c) The name of at least one of its trustees;

      (d) The address, either residence or business, of the trustee listed pursuant to paragraph (c); and

      (e) [The information required pursuant to NRS 77.310; and

 


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      (f)] The signature of a trustee of the foreign business trust , or some other person specifically authorized by the foreign business trust to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list required to be filed pursuant to this section must be accompanied by a declaration under penalty of perjury that : [the foreign business trust:]

      (a) [Has] The foreign business trust has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The foreign business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

      (c) None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $125.

      4.  If a trustee of a foreign business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the foreign business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign business trust which is required to comply with the provisions of NRS 88A.732 to 88A.738, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign business trust to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88A.732 to 88A.738, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a foreign business trust based solely on the fact that the person is a beneficial owner.

      10.  The Secretary of State may allow a foreign business trust to select an alternative due date for filing the initial list required by this section.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

 


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      Sec. 79. NRS 88A.737 is hereby amended to read as follows:

      88A.737  1.  Except as otherwise provided in subsections 3 and 4 and NRS 88A.7345, the Secretary of State shall reinstate a foreign business trust which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign business trust its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 88A.732; [and]

             (2) The information required pursuant to NRS 77.310; and

             (3) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected trustees of the foreign business trust; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 88A.732 and 88A.735 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign business trust, the Secretary of State shall issue to the foreign business trust a certificate of reinstatement if the foreign business trust:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 88A.900.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign business trust to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 88A.738, a reinstatement pursuant to this section relates back to the date the foreign business trust forfeited its right to transact business under the provisions of this chapter and reinstates the foreign business trust’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 80. NRS 88A.750 is hereby amended to read as follows:

      88A.750  1.  Every foreign business trust transacting business in this State which willfully fails or neglects to register with the Secretary of State pursuant to the provisions of NRS 88A.710 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every foreign business trust transacting business in this State which fails or neglects to register with the Secretary of State pursuant to the provisions of NRS 88A.710 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered with the Secretary of State.

      3.  The failure of a foreign business trust to register with the Secretary of State does not impair the validity of any contract or act of the foreign business trust or prevent the foreign business trust from defending any action, suit or proceeding in any court of this State.

 


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ê2013 Statutes of Nevada, Page 895 (Chapter 221, SB 60)ê

 

      4.  When the Secretary of State is advised that a foreign business trust is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the foreign business trust has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the foreign business trust has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a foreign business trust to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A foreign business trust, by transacting business in this State without registering with the Secretary of State, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.

      [6.]7.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 81. NRS 88A.930 is hereby amended to read as follows:

      88A.930  1.  A business trust may correct a record filed in the Office of the Secretary of State with respect to the business trust if the record contains an inaccurate description of a trust action or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the business trust must:

      (a) Prepare a certificate of correction that:

             (1) States the name of the business trust;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by a trustee of the business trust [.] or by some other person specifically authorized by the business trust to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a business trust has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the business trust may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

 


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ê2013 Statutes of Nevada, Page 896 (Chapter 221, SB 60)ê

 

      Sec. 82. Chapter 89 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person shall not form an entity pursuant to this chapter for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      Sec. 83. NRS 89.215 is hereby amended to read as follows:

      89.215  1.  Every person who is purporting to do business in this State as a professional association and who willfully fails or neglects to file with the Secretary of State articles of association is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 84. NRS 89.250 is hereby amended to read as follows:

      89.250  1.  Except as otherwise provided in subsection 2, a professional association shall, on or before the last day of the first month after the filing of its articles of association with the Secretary of State [,] or, if the professional association has selected an alternative due date pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list showing the names and addresses, either residence or business, of all members and employees in the professional association and certifying that all members and employees are licensed to render professional service in this State.

      2.  A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the last day of the first month after the filing of its articles of association with the Secretary of State [,] or, if the professional association has selected an alternative due date pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list:

 


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ê2013 Statutes of Nevada, Page 897 (Chapter 221, SB 60)ê

 

      (a) Showing the names and addresses, either residence or business, of all members and employees of the professional association who are licensed or otherwise authorized by law to render professional service in this State;

      (b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this State; and

      (c) Certifying that all members who are not licensed to render professional service in this State do not render professional service on behalf of the professional association except as authorized by law.

      3.  Each list filed pursuant to this section must be:

      (a) Made on a form furnished by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section.

      (b) Signed by the chief executive officer of the professional association [.] or by some other person specifically authorized by the chief executive officer to sign the list.

      (c) Accompanied by a declaration under penalty of perjury that : [the professional association:]

             (1) [Has] The professional association has complied with the provisions of chapter 76 of NRS; [and]

             (2) [Acknowledges] The professional association acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

             (3) None of the members or employees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherance of any unlawful conduct.

      4.  Upon filing:

      (a) The initial list required by this section, the professional association shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the professional association shall pay to the Secretary of State a fee of $125.

      5.  A person who files with the Secretary of State an initial list or annual list required by this section which identifies a member or an employee of a professional association with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      6.  For the purposes of this section, a person is not deemed to exercise actual control of the daily operations of a professional association based solely on the fact that the person holds an ownership interest in the professional association.

      7.  The Secretary of State may allow a professional association to select an alternative due date for filing the initial list required by this section.

      8.  The Secretary of State may adopt regulations to administer the provisions of subsection 7.

      Sec. 85. NRS 89.256 is hereby amended to read as follows:

      89.256  1.  Except as otherwise provided in subsections 3 and 4 and NRS 89.251, the Secretary of State shall reinstate any professional association which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this State and exercise its privileges and immunities if it:

 


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ê2013 Statutes of Nevada, Page 898 (Chapter 221, SB 60)ê

 

provisions of this chapter and restore the right to carry on business in this State and exercise its privileges and immunities if it:

      (a) Files with the Secretary of State:

             (1) The list and certification required by NRS 89.250; [and]

             (2) The information required pursuant to NRS 77.310; and

             (3) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected chief executive officer of the professional association; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 89.250 and 89.252 for each year or portion thereof during which the articles of association have been revoked; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the professional association, the Secretary of State shall issue to the professional association a certificate of reinstatement if the professional association:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 7 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the articles of association occurred only by reason of the failure to pay the fees and penalties.

      4.  If the articles of association of a professional association have been revoked pursuant to the provisions of this chapter and have remained revoked for 10 consecutive years, the articles must not be reinstated.

      5.  A reinstatement pursuant to this section relates back to the date on which the professional association forfeited its right to transact business under the provisions of this chapter and reinstates the professional association’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 86. NRS 104.9526 is hereby amended to read as follows:

      104.9526  1.  The Secretary of State shall adopt and publish rules to effectuate this article. The filing-office rules must be:

      (a) Consistent with this article; and

      (b) Adopted in accordance with the provisions of chapter 233B of NRS.

      2.  To keep the filing-office rules and the practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing filing-office rules, shall:

      (a) Consult with filing offices in other jurisdictions that enact substantially this part;

      (b) Consult the most recent version of the Model Rules promulgated by the International Association of [Corporation] Commercial Administrators or any successor organization; and

      (c) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.

 


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ê2013 Statutes of Nevada, Page 899 (Chapter 221, SB 60)ê

 

      Sec. 87. NRS 104.9527 is hereby amended to read as follows:

      104.9527  The Secretary of State shall report biennially on or before the first Monday of February in each odd-numbered year to the Governor and Legislature on the operation of the filing office. The report must contain a statement of the extent to which:

      1.  The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and

      2.  The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of [Corporation] Commercial Administrators, or any successor organization, and the reasons for these variations.

      Sec. 88. NRS 78.795 is hereby repealed.

________

CHAPTER 222, SB 66

Senate Bill No. 66–Committee on Government Affairs

 

CHAPTER 222

 

[Approved: May 28, 2013]

 

AN ACT relating to counties; authorizing, under certain circumstances, the board of county commissioners of certain smaller counties to authorize the use of county equipment on the property of a local government or a private road located within the county; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that a board of county commissioners may authorize the use of county highway patrols and snowplows on private roads under certain circumstances. (NRS 244.273) Section 1 of this bill authorizes, under certain circumstances, the board of county commissioners in a county whose population is less than 15,000 (currently Esmeralda, Eureka, Lander, Lincoln, Mineral, Pershing, Storey and White Pine Counties) to authorize the use of county equipment on the property of any local government that is located within the county.

      Section 1 also authorizes, under certain circumstances, the board of county commissioners of such a county to authorize the use of county highway patrols and county equipment on any private road that is located within the county and to require the owner of the road to pay the county for the use of the equipment and related labor costs.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      In a county whose population is less than 15,000, the board of county commissioners may authorize the use of:

      1.  County equipment on the property of any local government that is located within the county if:

 


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ê2013 Statutes of Nevada, Page 900 (Chapter 222, SB 66)ê

 

      (a) The board adopts an ordinance which sets forth its determination that such use is in the best interest of the county.

      (b) The board and the governing body of the local government enter into an interlocal agreement providing for the reimbursement of the county for the use of such equipment and related labor costs.

      (c) An employee of the county operates the equipment.

      2.  County highway patrols and county equipment on any private road that is located within the county if:

      (a) The board declares an emergency; or

      (b) The board adopts an ordinance which sets forth its determination that such use is in the best interest of the county in the absence of a contractor that is licensed to perform the work.

Ê If the board authorizes the use of a county highway patrol or county equipment on a private road pursuant to this subsection, the equipment must be operated by an employee of the county. The board may require the owner of the road to pay the county for the use of the equipment and related labor costs.

      Sec. 1.5. (Deleted by amendment.)

      Sec. 2. NRS 244.273 is hereby amended to read as follows:

      244.273  [The] Except as otherwise provided in section 1 of this act, the board of county commissioners of each county may authorize the use of county highway patrols and snowplows on private roads if:

      1.  The board declares an emergency; or

      2.  The board deems such use to be in the best interest of the county [.] in the absence of a contractor that is licensed to perform the work. The board shall not deem such use to be in the best interest of the county unless:

      (a) The equipment is being used for routine county business in the area where the private roads are located; and

      (b) The use of the equipment on private roads does not interfere with the normal operations of the county.

Ê If the board authorizes the use of a county highway patrol or snowplow on a private road pursuant to this section, the equipment must be operated by an employee of the county. The board may require the owner of the road to pay the county the prevailing rental rate for the use of such equipment.

      Secs. 3-7. (Deleted by amendment.)

      Sec. 8.  This act becomes effective on January 1, 2014.

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ê2013 Statutes of Nevada, Page 901ê

 

CHAPTER 223, SB 73

Senate Bill No. 73–Senator Manendo

 

CHAPTER 223

 

[Approved: May 28, 2013]

 

AN ACT relating to animals; deleting certain provisions which make a report of an act of cruelty against an animal confidential; revising the prohibition against willfully releasing data or information concerning the report so that the prohibition only applies to data or information concerning the identity of the person who makes the report; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from committing an act of cruelty against an animal. (NRS 574.100) Cruelty is defined to include any act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. (NRS 574.050) Existing law authorizes a person to report such an act of cruelty against an animal to any peace officer, officer of a society for the prevention of cruelty to animals or animal control officer. Existing law further provides, with certain exceptions, that the report is confidential and that the willful release of any data or information concerning the report constitutes a misdemeanor. (NRS 574.053) This bill deletes the provision which makes the report confidential and provides instead, with certain exceptions, that the willful release of any data or information concerning the identity of a person who made the report constitutes a misdemeanor.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 574.053 is hereby amended to read as follows:

      574.053  1.  Any person who knows or has reasonable cause to believe that an animal has been subjected to an act of cruelty in violation of NRS 574.100 may report the act of cruelty to any:

      (a) Peace officer;

      (b) Officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040; or

      (c) Animal control officer.

      2.  [Any report made pursuant to subsection 1 is confidential.

      3.]  Any person, law enforcement agency, society for the prevention of cruelty to animals or animal control agency that willfully releases data or information concerning the [reports,] identity of a person who made a report pursuant to subsection 1, except for the purposes of a criminal investigation or prosecution, is guilty of a misdemeanor.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2013 Statutes of Nevada, Page 902ê

 

CHAPTER 224, SB 78

Senate Bill No. 78–Senator Settelmeyer

 

CHAPTER 224

 

[Approved: May 28, 2013]

 

AN ACT relating to fiduciaries; revising provisions governing guardianship proceedings; revising provisions governing the appointment and the powers and duties of guardians; revising provisions governing powers of attorney; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a petition for the appointment of a guardian to include certain documentation demonstrating the need for a guardianship, including, without limitation, a certificate signed by a physician, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating certain information concerning the condition of the proposed ward. (NRS 159.044) Section 7 of this bill provides that this certificate or letter is only required if the proposed ward is an adult. Section 7 further requires the petition to include: (1) a written consent to the appointment of a special guardian if the proposed ward has the limited capacity to consent to such an appointment; and (2) statements setting forth whether the proposed guardian is a party to a civil or criminal proceeding and whether the proposed guardian has filed for or received bankruptcy protection within the immediately preceding 7 years.

      Under existing law, if a petition for the appointment of a guardian is filed, a citation setting forth a time and place for the hearing and directing certain persons to appear and show cause why a guardian should not be appointed must be served on certain persons. (NRS 159.047, 159.0475) Under section 6 of this bill, if service is made by publication, the court may allow fewer publications to be made and extend or shorten the time in which the publications must be made. Section 8 of this bill amends the list of persons upon whom the citation must be served.

      Under existing law, at the first hearing for the appointment of a guardian for a proposed adult ward, the court must advise the proposed adult ward of his or her right to counsel and determine whether the proposed adult ward wishes to be represented by counsel. (NRS 159.0485) If the proposed adult ward is not in attendance and is not appearing by videoconference, the proposed adult ward must be notified of his or her rights by the physician or other person who signed the certificate excusing the proposed ward from attendance. (NRS 159.0485, 159.0535) Sections 10 and 14 of this bill authorize the court to allow any other person found qualified by the court to notify the proposed adult ward of his or her rights. In addition, section 10 revises provisions concerning the compensation of an attorney for a proposed adult ward or adult ward.

      Existing law authorizes the appointment of a temporary guardian under certain circumstances. (NRS 159.052, 159.0523, 159.0525) Sections 11, 12 and 13 of this bill: (1) revise provisions governing the information which must be provided in a petition for the appointment of a temporary guardian; and (2) require the determination of whether a temporary guardian is necessary for a minor to be based on the age of the minor and other factors deemed relevant by the court rather than on certain information provided by a physician.

      Existing law requires a person who files a petition in a guardianship proceeding to notify certain persons of the time and place of the hearing on the petition. (NRS 159.034) Sections 5 and 19 of this bill clarify that this notice is required for any petition in a guardianship proceeding and specifically states the persons who must be provided this notice.

 


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ê2013 Statutes of Nevada, Page 903 (Chapter 224, SB 78)ê

 

      Existing law sets forth the powers and duties of a person appointed by the court as the guardian of a ward. (Chapter 159 of NRS) Section 2 of this bill authorizes the court to require a guardian to complete any available training concerning guardianships as a condition of appointment as a guardian. Section 3 of this bill: (1) requires a bank or financial institution to allow a guardian access to the account or other assets of the ward if the guardian provides a copy of the court order appointing the guardian and letters of guardianship; and (2) provides that the bank or financial institution is not entitled to a copy of any competency evaluation of the ward or medical information concerning the ward or any inventory or accounting of the estate of the ward. Sections 16 and 18 of this bill specify that a guardian of the person rather than a guardian of the estate must file a petition with the court before placing a ward in a secured residential long-term care facility. Section 17 of this bill specifies the circumstances under which a guardian of the estate of a ward is not required to represent the ward in an action, suit or proceeding.

      Existing law provides that if, at a hearing to confirm a sale of a ward’s real property, a higher offer or bid is received by the court, the court may: (1) accept the offer or bid if the written offer is lawful and exceeds the original bid by a certain amount; or (2) continue the hearing if the court determines that the person who made the original offer or bid was not notified of the hearing and may wish to increase his or her offer or bid. (NRS 159.146) Section 20 of this bill provides that if the court does not accept a higher offer or bid received during the hearing to confirm the sale, any successive offer or bid must exceed the preceding bid by a certain amount.

      Existing law sets forth the circumstances under which a court may remove a guardian and authorizes certain persons to petition the court for the removal of the guardian. (NRS 159.185, 159.1853) Section 4 of this bill requires a guardian to notify the court of certain circumstances relating to the qualifications of the guardian to serve as the guardian of a ward. Upon receipt of such notice, the court may remove the guardian and appoint a successor guardian unless the court finds that it is in the best interest of the ward to allow the guardian to continue the appointment.

      Existing law sets forth the circumstances under which a guardianship is terminated and provides that a guardianship of the person of a ward is terminated by the death of the ward. (NRS 159.191) Section 21 of this bill: (1) specifies that guardianship of the estate of a ward is also terminated by the death of the ward, subject to the guardian’s power to wind up the affairs of the estate under existing law; and (2) requires a guardian to notify the court and certain other persons of the death of the ward within 30 days of the death. Section 15 of this bill requires the acknowledgment filed by a guardian before entering upon his or her duties as a guardian to set forth the duty to notify the court and certain other persons of the death of the ward.

      Existing law sets forth the circumstances under which and the length of time for which the guardian of the estate of the ward may possess the ward’s property for the purpose of winding up the affairs of the guardianship after the death of the ward. (NRS 159.193) Section 22 of this bill revises the length of time for which the guardian of the estate may possess the deceased ward’s property. Section 22 further authorizes the guardian of the estate to retain sufficient assets to pay any anticipated taxes and expenses of the guardianship estate under certain circumstances.

      Existing law sets forth the manner in which an adult may execute a power of attorney enabling an agent to make health care decisions for him or her if he or she becomes incapable of giving informed consent. (NRS 162A.790) Section 28 of this bill provides that a certification of competency from a physician, psychologist or psychiatrist must be attached to the power of attorney if the adult resides in certain medical facilities at the time the power of attorney for health care is executed. Under section 29 of this bill, a power of attorney for health care is not required to be in the form provided by existing law, but it may be in that form. Section 23 of this bill provides that a physician, health care facility or other provider of health care may act in reliance on an acknowledged power of attorney for health care if the physician, health care facility or other provider of health care acts in good faith and without knowledge of certain information affecting the validity of the power of attorney.

 


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ê2013 Statutes of Nevada, Page 904 (Chapter 224, SB 78)ê

 

      Existing law provides that a certification of competency from a physician, psychologist or psychiatrist must be attached to the financial power of attorney if the person executing it resides in certain medical facilities at the time the power of attorney is executed. (NRS 162A.220) Section 24 of this bill corrects references to such medical facilities and expands the types of medical facilities to which this requirement applies.

      Under existing law, a financial power of attorney is terminated if, after its execution, a court appoints a guardian of the estate for the principal. (NRS 162A.250) Section 25 of this bill authorizes the court to allow the agent under the financial power of attorney to retain such powers conferred by the power of attorney as the court specifies. Under section 25, if the court allows the agent to retain specific powers, the agent must file an accounting with the court and the guardian on a quarterly basis or such other period designated by the court.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. As a condition of the appointment of a guardian, the court may require the guardian to complete any available training concerning guardianships that the court determines appropriate.

      Sec. 3.  1.  A guardian shall present a copy of the court order appointing the guardian and letters of guardianship to a bank or other financial institution that holds any account or other assets of the ward before the guardian may access the account or other assets.

      2.  The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access to the account or other assets of the ward, subject to any limitations set forth in the court order.

      3.  Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is not entitled to a copy of any:

      (a) Competency evaluation of the ward or any other confidential information concerning the medical condition or the placement of the ward; or

      (b) Inventory or accounting of the estate of the ward.

      Sec. 4. A guardian who, after appointment:

      1.  Is convicted of a gross misdemeanor or felony in any state;

      2.  Files for or receives protection as an individual or as a principal of any entity under the federal bankruptcy laws;

      3.  Has a driver’s license suspended, revoked or cancelled for nonpayment of child support;

      4.  Is suspended for misconduct or disbarred from:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession which:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; or

             (2) Requires licensure in this State or any other state; or

      5.  Has a judgment entered against him or her for misappropriation of funds or assets from any person or entity in any state,

 


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Ê shall immediately inform the court of the circumstances of those events. The court may remove the guardian and appoint a successor guardian, unless the court finds that it is in the best interest of the ward to allow the guardian to continue in his or her appointment.

      Sec. 5. NRS 159.034 is hereby amended to read as follows:

      159.034  1.  Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on [the] any petition filed in the guardianship proceeding to:

      (a) [Each interested person or the attorney of the interested person;] Any minor ward who is 14 years of age or older.

      (b) [Any person entitled to notice pursuant to this chapter or the person’s attorney;] The parent or legal guardian of any minor ward who is less than 14 years of age.

      (c) The spouse of the ward and all other known relatives of the ward who are within the second degree of consanguinity.

      (d) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings [;] and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the person’s name and address, or that of his or her attorney.

      [(d)](e) The [proposed] guardian, if the petitioner is not the [proposed] guardian . [; and

      (e)](f) Any person or care provider who is providing care for the ward, except that if the person or care provider is not related to the ward, such person or care provider must not receive copies of any inventory or accounting.

      (g) Any office of the Department of Veterans Affairs in this State if the ward is receiving any payments or benefits through the Department of Veterans Affairs.

      (h) The Director of the Department of Health and Human Services if the ward has received or is receiving benefits from Medicaid.

      (i) Those persons entitled to notice if a proceeding were brought in the [proposed] ward’s home state.

      2.  The petitioner shall give notice not later than 10 days before the date set for the hearing:

      (a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

      (b) By personal service; or

      (c) In any other manner ordered by the court, upon a showing of good cause.

      3.  [If] Except as otherwise provided in this subsection, if none of the [address or identity of a person required] persons entitled to [be notified] notice of a hearing on a petition pursuant to this section [is not known and cannot be ascertained with reasonable] can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be [given:

      (a) By publishing a copy of the notice in a newspaper of general circulation in the county where the hearing is to be held at least once every 7 days for 21 consecutive days, the last] made by publication [of which must occur] in the manner provided by N.R.C.P. 4(e).

 


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ê2013 Statutes of Nevada, Page 906 (Chapter 224, SB 78)ê

 

occur] in the manner provided by N.R.C.P. 4(e). In all such cases, the notice must be published not later than 10 days before the date set for the hearing . [; or

      (b) In any other manner ordered by the court, upon a showing of good cause.] If, after the appointment of a guardian, a search for relatives of the ward listed in paragraph (c) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.

      4.  For good cause shown, the court may waive the requirement of giving notice.

      5.  A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.

      6.  On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.

      Sec. 6. NRS 159.0345 is hereby amended to read as follows:

      159.0345  If publication of a notice or citation is required pursuant to this chapter, the court may, for good cause shown:

      1.  Allow fewer publications to be made within the time for publication; and

      2.  Extend or shorten the time in which the publications must be made.

      Sec. 7. NRS 159.044 is hereby amended to read as follows:

      159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

      2.  To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

      (a) The name and address of the petitioner.

      (b) The name, date of birth and current address of the proposed ward.

      (c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.

      (d) If the proposed ward is a minor, the date on which the proposed ward will attain the age of majority and:

             (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and

             (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.

      (e) Whether the proposed ward is a resident or nonresident of this State.

      (f) The names and addresses of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree of consanguinity.

 


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      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

      (h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

      (i) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

      (j) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. [The] If the proposed ward is an adult, the documentation must include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs , a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:

                   (I) The need for a guardian;

                   (II) Whether the proposed ward presents a danger to himself or herself or others;

                   (III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;

                   (IV) Whether the proposed ward would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed ward is capable of living independently with or without assistance; and

             (2) [A letter signed by any governmental agency in this State which conducts investigations stating:

                   (I) The need for a guardian;

                   (II) Whether the proposed ward presents a danger to himself or herself or others;

                   (III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;

                   (IV) Whether the proposed ward would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed ward is capable of living independently with or without assistance; or

             (3) A certificate signed by any other person whom the court finds qualified to execute a certificate stating:

 


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ê2013 Statutes of Nevada, Page 908 (Chapter 224, SB 78)ê

 

                   (I) The need for a guardian;

                   (II) Whether the proposed ward presents a danger to himself or herself or others;

                   (III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;

                   (IV) Whether the proposed ward would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed ward is capable of living independently with or without assistance.] If the proposed ward is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the ward.

      (k) Whether the appointment of a general or a special guardian is sought.

      (l) A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

      (m) The name and address of any person or care provider having the care, custody or control of the proposed ward.

      (n) If the petitioner is not the spouse or natural child of the proposed ward, a declaration explaining the relationship of the petitioner to the proposed ward or to the proposed ward’s family or friends, if any, and the interest, if any, of the petitioner in the appointment.

      (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (p) If the guardianship is sought as the result of an investigation of a report of abuse, neglect or exploitation of the proposed ward, whether the referral was from a law enforcement agency or a state or county agency.

      (q) Whether the proposed ward or the proposed guardian is a party to any pending criminal or civil litigation.

      (r) Whether the guardianship is sought for the purpose of initiating litigation.

      (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

      (t) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

      3.  Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed adult ward must provide the court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed adult ward must be filed.

 


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ê2013 Statutes of Nevada, Page 909 (Chapter 224, SB 78)ê

 

      Sec. 8. NRS 159.047 is hereby amended to read as follows:

      159.047  1.  Except as otherwise provided in NRS 159.0475 and 159.049 to 159.0525, inclusive, upon the filing of a petition under NRS 159.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.

      2.  A citation issued under subsection 1 must be served [:] upon:

      (a) [Upon a] A proposed ward who is 14 years of age or older;

      (b) [Upon the] The spouse of the proposed ward and all other known relatives of the proposed ward who are:

             (1) Fourteen years of age or older; and

             (2) Within the second degree of consanguinity;

      (c) [Upon the parent or legal guardian of all known relatives of the proposed ward who are:

             (1) Less than 14 years of age; and

             (2) Within the second degree of consanguinity;] The parents and custodian of the proposed ward;

      (d) [If there is no spouse of the proposed ward and there are no known relatives of the proposed ward who are within the second degree of consanguinity to the proposed ward, upon the office of the public guardian of the county where the proposed ward resides; and

      (e) Upon any] Any person or officer of a care provider having the care, custody or control of the proposed ward [.] ;

      (e) The proposed guardian, if the petitioner is not the proposed guardian;

      (f) Any office of the Department of Veterans Affairs in this State if the proposed ward is receiving any payments or benefits through the Department of Veterans Affairs; and

      (g) The Director of the Department of Health and Human Services if the proposed ward has received or is receiving any benefits from Medicaid.

      Sec. 9. NRS 159.0475 is hereby amended to read as follows:

      159.0475  1.  A copy of the citation issued pursuant to NRS 159.047 must be served by:

      (a) Certified mail, with a return receipt requested, on each person required to be served pursuant to NRS 159.047 at least 20 days before the hearing; or

      (b) Personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing on each person required to be served pursuant to NRS 159.047.

      2.  If none of the persons on whom the citation is to be served can, after due diligence, be served by certified mail or personal service and this fact is proven, by affidavit, to the satisfaction of the court, service of the citation must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.

      3.  A citation need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of citation or who makes a general appearance.

      4.  [If the proposed ward is receiving money paid or payable by the United States through the Department of Veterans Affairs, a copy of the citation must be mailed to any office of the Department of Veterans Affairs in this State, unless the Department of Veterans Affairs has executed a written waiver of service of citation.

 


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ê2013 Statutes of Nevada, Page 910 (Chapter 224, SB 78)ê

 

citation must be mailed to any office of the Department of Veterans Affairs in this State, unless the Department of Veterans Affairs has executed a written waiver of service of citation.

      5.]  The court may find that notice is sufficient if:

      (a) The citation has been served by certified mail, with a return receipt requested, or by personal service on the proposed ward, care provider or public guardian required to be served pursuant to NRS 159.047; and

      (b) At least one relative of the proposed ward who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed ward has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.

      Sec. 10. NRS 159.0485 is hereby amended to read as follows:

      159.0485  1.  At the first hearing for the appointment of a guardian for a proposed adult ward, the court shall advise the proposed adult ward who is in attendance at the hearing or who is appearing by videoconference at the hearing of his or her right to counsel and determine whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding. If the proposed adult ward is not in attendance at the hearing because the proposed adult ward has been excused pursuant to NRS 159.0535 and is not appearing by videoconference at the hearing, the [person who signs the certificate pursuant to NRS 159.0535 to excuse the] proposed adult ward [from attending the hearing shall advise the proposed adult ward] must be advised of his or her right to counsel [and determine whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding.] pursuant to subsection 2 of NRS 159.0535.

      2.  If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel [,] at any stage in a guardianship proceeding and whether or not the adult ward or proposed adult ward lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent the adult ward or proposed adult ward. The appointed attorney [must] shall represent the adult ward or proposed adult ward until relieved of the duty by court order.

      3.  Subject to the discretion and approval of the court, the attorney for the adult ward or proposed adult ward is entitled to reasonable compensation [which must be paid from the estate of the adult ward or proposed adult ward.] and expenses. Unless the court determines that the adult ward or proposed adult ward does not have the ability to pay such compensation and expenses or the court shifts the responsibility of payment to a third party, the compensation and expenses must be paid from the estate of the adult ward or proposed adult ward, unless the compensation and expenses are provided for or paid by another person or entity. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the adult ward or proposed adult ward all or part of the expenses associated with the appointment of the attorney.

      Sec. 11. NRS 159.052 is hereby amended to read as follows:

      159.052  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention.

 


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ê2013 Statutes of Nevada, Page 911 (Chapter 224, SB 78)ê

 

medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows that the proposed ward faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention. Such documentation must include, without limitation [, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs or a letter signed by any governmental agency in this State which conducts investigations indicating:

             (1) That the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

             (2) Whether] :

             (1) A copy of the birth certificate of the proposed ward or other documentation verifying the age of the proposed ward; and

             (2) A letter signed by any governmental agency in this State which conducts investigations or a police report indicating whether the proposed ward presents a danger to himself or herself or others , [; and

             (3) Whether ] or whether the proposed ward is or has been subjected to abuse, neglect or exploitation; and

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention [;] based on the age of the proposed ward and other factors deemed relevant by the court; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.

 


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ê2013 Statutes of Nevada, Page 912 (Chapter 224, SB 78)ê

 

than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 12. NRS 159.0523 is hereby amended to read as follows:

      159.0523  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows the proposed ward faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs , [or] a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

             (2) Whether the proposed ward presents a danger to himself or herself or others; and

             (3) Whether the proposed ward is or has been subjected to abuse, neglect or exploitation; and

      (b) Facts which show that:

 


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ê2013 Statutes of Nevada, Page 913 (Chapter 224, SB 78)ê

 

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

 


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ê2013 Statutes of Nevada, Page 914 (Chapter 224, SB 78)ê

 

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 13. NRS 159.0525 is hereby amended to read as follows:

      159.0525  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows that the proposed ward faces a substantial and immediate risk of financial loss and lacks capacity to respond to the risk of loss. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs , [or] a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed ward is unable to respond to a substantial and immediate risk of financial loss;

             (2) Whether the proposed ward can live independently with or without assistance or services; and

             (3) Whether the proposed ward is or has been subjected to abuse, neglect or exploitation;

      (b) A detailed explanation of what risks the proposed ward faces, including, without limitation, termination of utilities or other services because of nonpayment, initiation of eviction or foreclosure proceedings, exploitation or loss of assets as the result of fraud, coercion or undue influence; and

      (c) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (c) of subsection 1.

 


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ê2013 Statutes of Nevada, Page 915 (Chapter 224, SB 78)ê

 

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (c) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss, specifically limiting the temporary guardian’s authority to take possession of, close or have access to any accounts of the ward or to sell or dispose of tangible personal property of the ward to only that authority as needed to provide for the ward’s basic living expenses until a general or special guardian can be appointed. The court may freeze any or all of the ward’s accounts to protect such accounts from loss.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 14. NRS 159.0535 is hereby amended to read as follows:

      159.0535  1.  A proposed ward who is found in this State must attend the hearing for the appointment of a guardian unless:

      (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed ward, the reasons why the proposed ward is unable to appear in court and whether the proposed ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward; or

 


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ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward; or

      (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed ward, the reasons why the proposed ward is unable to appear in court and whether the proposed ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward.

      2.  A proposed ward found in this State who cannot attend the hearing for the appointment of a general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by videoconference. If the proposed ward is an adult and cannot attend by videoconference, the person who signs the certificate described in subsection 1 or any other person the court finds qualified shall:

      (a) Inform the proposed adult ward that the petitioner is requesting that the court appoint a guardian for the proposed adult ward;

      (b) Ask the proposed adult ward for a response to the guardianship petition;

      (c) Inform the proposed adult ward of his or her right to counsel and ask whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding; and

      (d) Ask the preferences of the proposed adult ward for the appointment of a particular person as the guardian of the proposed adult ward.

      3.  If the proposed ward is an adult, the person who [signs the certificate described in subsection 1] informs the proposed adult ward of the rights of the proposed adult ward pursuant to subsection 2 shall state in [the] a certificate [:] signed by that person:

      (a) That the proposed adult ward has been advised of his or her right to counsel and asked whether he or she wishes to be represented by counsel in the guardianship proceeding;

      (b) The responses of the proposed adult ward to the questions asked pursuant to subsection 2; and

      (c) Any conditions that the person believes may have limited the responses by the proposed adult ward.

      4.  The court may prescribe the form in which [the] a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by [a] the person [identified in subsection 1.] who is required to sign the certificate.

      5.  If the proposed ward is not in this State, the proposed ward must attend the hearing only if the court determines that the attendance of the proposed ward is necessary in the interests of justice.

      Sec. 15. NRS 159.073 is hereby amended to read as follows:

      159.073  1.  Every guardian, before entering upon his or her duties as guardian and before letters of guardianship may issue, shall:

      (a) Take and subscribe the official oath which must:

             (1) Be endorsed on the letters of guardianship; and

             (2) State that the guardian will well and faithfully perform the duties of guardian according to law.

      (b) File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and the residence and post office addresses of the guardian.

 


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      (c) Except as otherwise required in subsection 2, make and file in the proceeding a verified acknowledgment of the duties and responsibilities of a guardian. The acknowledgment must set forth:

             (1) A summary of the duties, functions and responsibilities of a guardian, including, without limitation, the duty to:

                   (I) Act in the best interest of the ward at all times.

                   (II) Provide the ward with medical, surgical, dental, psychiatric, psychological, hygienic or other care and treatment as needed, with adequate food and clothing and with safe and appropriate housing.

                   (III) Protect, preserve and manage the income, assets and estate of the ward and utilize the income, assets and estate of the ward solely for the benefit of the ward.

                   (IV) Maintain the assets of the ward in the name of the ward or the name of the guardianship. Except when the spouse of the ward is also his or her guardian, the assets of the ward must not be commingled with the assets of any third party.

                   (V) Notify the court, all interested parties, the trustee, and named executor or appointed personal representative of the estate of the ward of the death of the ward within 30 days after the death.

             (2) A summary of the statutes, regulations, rules and standards governing the duties of a guardian.

             (3) A list of actions regarding the ward that require the prior approval of the court.

             (4) A statement of the need for accurate recordkeeping and the filing of annual reports with the court regarding the finances and well-being of the ward.

      2.  The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and, in lieu thereof, require the public guardian or private professional guardian to file a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.

      Sec. 16. NRS 159.079 is hereby amended to read as follows:

      159.079  1.  Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the ward, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the ward, including, without limitation, the following:

      (a) Supplying the ward with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the ward.

      (b) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward.

      (c) Seeing that the ward is properly trained and educated and that the ward has the opportunity to learn a trade, occupation or profession.

      2.  In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the ward. A guardian of the person is not required to incur expenses on behalf of the ward except to the extent that the estate of the ward is sufficient to reimburse the guardian.

      3.  A guardian of the person is the ward’s personal representative for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations. The guardian of the person has authority to obtain information from any government agency, medical provider, business, creditor or third party who may have information pertaining to the ward’s health care or health insurance.

 


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medical provider, business, creditor or third party who may have information pertaining to the ward’s health care or health insurance.

      4.  [A] Except as otherwise provided in subsection 6, a guardian of the person may establish and change the residence of the ward at any place within this State without the permission of the court. The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the ward and which is financially feasible.

      5.  [A] Except as otherwise provided in subsection 6, a guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the ward to a location outside of this State. The guardian must show that the placement outside of this State is in the best interest of the ward or that there is no appropriate residence available for the ward in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159.1905 or 159.191 or the jurisdiction of the guardianship is transferred to the other state.

      6.  A guardian of the person must file a petition with the court requesting authorization to move or place a ward in a secured residential long-term care facility unless:

      (a) The court has previously granted the guardian authority to move or place the ward in such a facility based on findings made when the court appointed the guardian; or

      (b) The move or placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services.

      7.  This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.

      8.  As used in this section “protective services” has the meaning ascribed to it in NRS 200.5092.

      Sec. 17. NRS 159.095 is hereby amended to read as follows:

      159.095  1.  A guardian of the estate shall appear for and represent the ward in all actions, suits or proceedings to which the ward is a party, unless the court finds that the interests of the guardian conflict with the interests of the ward or it is otherwise appropriate to appoint a guardian ad litem [is appointed] in the action, suit or proceeding. [If a guardian ad litem is appointed in the action, suit or proceeding, the guardian of the estate shall notify the court that the guardian ad litem has been appointed in the action, suit or proceeding.]

      2.  Upon final resolution of the action, suit or proceeding, the guardian of the estate or the guardian ad litem shall notify the court of the outcome of the action, suit or proceeding.

      3.  If the person of the ward would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the ward in the action, suit or proceeding.

      Sec. 18. NRS 159.113 is hereby amended to read as follows:

      159.113  1.  Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to:

      (a) Invest the property of the ward pursuant to NRS 159.117.

      (b) Continue the business of the ward pursuant to NRS 159.119.

      (c) Borrow money for the ward pursuant to NRS 159.121.

 


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      (d) Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward pursuant to NRS 159.123.

      (e) Make gifts from the ward’s estate or make expenditures for the ward’s relatives pursuant to NRS 159.125.

      (f) Sell, lease or place in trust any property of the ward pursuant to NRS 159.127.

      (g) Exchange or partition the ward’s property pursuant to NRS 159.175.

      (h) Release the power of the ward as trustee, personal representative or custodian for a minor or guardian.

      (i) Exercise or release the power of the ward as a donee of a power of appointment.

      (j) Exercise the right of the ward to take under or against a will.

      (k) Transfer to a trust created by the ward any property unintentionally omitted from the trust.

      (l) Submit a revocable trust to the jurisdiction of the court if:

             (1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or

             (2) The trust was created by the court.

      (m) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the ward.

      (n) Transfer money in a minor ward’s blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140.

      [(o) Except as otherwise provided in subsection 6, move the ward into a secured residential long-term care facility.]

      2.  Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:

      (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the ward’s property.

      (b) Take any other action which the guardian deems would be in the best interests of the ward.

      3.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the ward.

      (b) A concise statement as to the condition of the ward’s estate.

      (c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      4.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      5.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward or complete contracts of the ward.

 


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      [6.  Without filing a petition pursuant to paragraph (o) of subsection 1, a guardian may move a ward into a secured residential long-term care facility if:

      (a) The court has previously granted the guardian authority to move the ward to such a facility based on findings made when the court appointed the general or special guardian; or

      (b) The transfer is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county’s office for protective services.

      7.  As used in this section, “protective services” has the meaning ascribed to it in NRS 200.5092.]

      Sec. 19. NRS 159.115 is hereby amended to read as follows:

      159.115  1.  Upon the filing of any petition under NRS 159.078 or 159.113, or any account, notice must be given [:

      (a) At least 10 days before the date set for the hearing, by mailing a copy of the notice by regular mail to the residence, office or post office address of each person required to be notified pursuant to subsection 3;

      (b) At least 10 days before the date set for the hearing, by personal service;

      (c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing a copy of the notice in a newspaper of general circulation in the county where the hearing is to be held, the last publication of which must be published at least 10 days before the date set for the hearing; or

      (d) In any other manner ordered by the court, for good cause shown.] in the manner prescribed by NRS 159.034.

      2.  The notice must:

      (a) Give the name of the ward.

      (b) Give the name of the petitioner.

      (c) Give the date, time and place of the hearing.

      (d) State the nature of the petition.

      (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.

      [3.  At least 10 days before the date set for the hearing, the petitioner shall cause a copy of the notice to be mailed to the following:

      (a) Any minor ward who is 14 years of age or older or the parent or legal guardian of any minor ward who is less than 14 years of age.

      (b) The spouse of the ward and other heirs of the ward who are related within the second degree of consanguinity so far as known to the petitioner.

      (c) The guardian of the person of the ward, if the guardian is not the petitioner.

      (d) Any person or care provider who is providing care for the ward, except that if the person or care provider is not related to the ward, such person or provider must not be given copies of any inventory or accounting.

      (e) Any office of the Department of Veterans Affairs in this State if the ward is receiving any payments or benefits through the Department of Veterans Affairs.

      (f) The Director of the Department of Health and Human Services if the ward has received or is receiving any benefits from Medicaid.

 


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      (g) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceeding and served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request, and the person’s name and address, or that of his or her attorney. If the notice so requests, copies of all petitions and accounts must be mailed to the interested person or the person’s attorney.

      4.  An interested person who is entitled to notice pursuant to subsection 3 may, in writing, waive notice of the hearing of a petition.

      5.  Proof of giving notice must be:

      (a) Made on or before the date set for the hearing; and

      (b) Filed in the guardianship proceeding.]

      Sec. 20. NRS 159.146 is hereby amended to read as follows:

      159.146  1.  At the hearing to confirm the sale of real property, the court shall:

      (a) Consider whether the sale is necessary or in the best interest of the estate of the ward; and

      (b) Examine the return on the investment and the evidence submitted in relation to the sale.

      2.  The court shall confirm the sale and order conveyances to be executed if it appears to the court that:

      (a) Good reason existed for the sale;

      (b) The sale was conducted in a legal and fair manner;

      (c) The amount of the offer or bid is not disproportionate to the value of the property; and

      (d) It is unlikely that an offer or bid would be made which exceeds the original offer or bid:

             (1) By at least 5 percent if the offer or bid is less than $100,000; or

             (2) By at least $5,000 if the offer or bid is $100,000 or more.

      3.  The court shall not confirm the sale if the conditions in this section are not satisfied.

      4.  If the court does not confirm the sale, the court:

      (a) May order a new sale;

      (b) May conduct a public auction in open court; or

      (c) May accept a written offer or bid from a responsible person and confirm the sale to the person if the written offer complies with the laws of this state and exceeds the original bid:

             (1) By at least 5 percent if the bid is less than $100,000; or

             (2) By at least $5,000 if the bid is $100,000 or more.

      5.  If the court does not confirm the sale and orders a new sale:

      (a) Notice must be given in the manner set forth in NRS 159.1425; and

      (b) The sale must be conducted in all other respects as though no previous sale has taken place.

      6.  If a higher offer or bid is received by the court during the hearing to confirm the sale, the court may continue the hearing rather than accept the offer or bid as set forth in paragraph (c) of subsection 4 if the court determines that the person who made the original offer or bid was not notified of the hearing and that the person who made the original offer or bid may wish to increase his or her bid. This subsection does not grant a right to a person to have a continuance granted and may not be used as a ground to set aside an order confirming a sale.

 


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      7.  Except as otherwise provided in this subsection, if a higher offer or bid is received by the court during the hearing to confirm the sale and the court does not accept that offer or bid, each successive bid must be for not less than:

      (a) An additional $5,000, if the original offer is for $100,000 or more; or

      (b) An additional $250 if the original offer is less than $100,000.

Ê Upon the request of the guardian during the hearing to confirm the sale, the court may set other incremental bid amounts.

      Sec. 21. NRS 159.191 is hereby amended to read as follows:

      159.191  1.  A guardianship of the person is terminated:

      (a) By the death of the ward;

      (b) Upon the ward’s change of domicile to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile;

      (c) Upon order of the court, if the court determines that the guardianship no longer is necessary; or

      (d) If the ward is a minor:

             (1) On the date on which the ward reaches 18 years of age; or

             (2) On the date on which the ward graduates from high school or becomes 19 years of age, whichever occurs sooner, if:

                   (I) The ward will be older than 18 years of age upon graduation from high school; and

                   (II) The ward and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the ward will become 18 years of age.

      2.  A guardianship of the estate is terminated : [if the court:]

      (a) [Removes] If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian; [or]

      (b) [Determines] If the court determines that the guardianship is not necessary and orders the guardianship terminated [.] ; or

      (c) By the death of the ward, subject to the provisions of NRS 159.193.

      3.  If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

      4.  The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the ward of the death of the ward within 30 days after the death.

      5.  Immediately upon the death of the ward:

      (a) The guardian of the estate shall have no authority to act for the ward except to wind up the affairs of the guardianship pursuant to NRS 159.193, and to distribute the property of the ward as provided in NRS 159.195 and 159.197; and

      (b) No person has standing to file a petition pursuant to NRS 159.078.

      Sec. 22. NRS 159.193 is hereby amended to read as follows:

      159.193  1.  The guardian of the estate is entitled to retain possession of the ward’s property already in the control of the guardian and is authorized to perform the duties of the guardian to wind up the affairs of the guardianship:

 


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      (a) Except as otherwise provided in paragraph (b), (c) or (d), for not more than 180 days or a period that is reasonable and necessary as determined by the court after the termination of the guardianship;

      (b) Except as otherwise provided in paragraph [(c)] (d), for not more than [180] 90 days after the date of the appointment of a personal representative of the estate of a deceased ward; [or]

      (c) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a successor trustee of a trust of the deceased ward and upon request by the trustee; or

      (d) Upon approval of the court, for more than 180 days or 90, as applicable, if the guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate.

      2.  To wind up the affairs of the guardianship, the guardian shall:

      (a) Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.

      (b) Complete the performance of any contractual obligations incurred by the guardianship estate.

      (c) With prior approval of the court, continue any activity that:

             (1) The guardian believes is appropriate and necessary; or

             (2) Was commenced before the termination of the guardianship.

      (d) If the guardianship is terminated for a reason other than the death of the ward, examine and allow and pay, or reject, all claims presented to the guardian prior to the termination of the guardianship for obligations incurred prior to the termination.

      3.  If the assets are transferred to a personal representative or a successor trustee as provided for in paragraphs (b) and (c) of subsection 1, the court may authorize the guardian to retain sufficient assets to pay any anticipated expenses and taxes of the guardianship estate.

      Sec. 23. Chapter 162A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care without actual knowledge that the signature is not genuine may rely upon the presumption that the signature is genuine.

      2.  A physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care without actual knowledge that the power of attorney for health care is void, invalid or terminated, or that the purported agent’s authority is void, invalid or terminated, may rely upon the power of attorney for health care as if the power of attorney for health care were genuine, valid and still in effect, and the agent’s authority was genuine, valid and still in effect.

      3.  A physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

      Sec. 24. NRS 162A.220 is hereby amended to read as follows:

      162A.220  1.  A power of attorney must be signed by the principal or, in the principal’s conscious presence, by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

 


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on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

      2.  If the principal resides in a hospital, [assisted living facility or] residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of execution of the power of attorney, a certification of competency of the principal from a physician, psychologist or psychiatrist must be attached to the power of attorney.

      3.  If the principal resides or is about to reside in a hospital, assisted living facility or facility for skilled nursing at the time of execution of the power of attorney, in addition to the prohibition set forth in NRS 162A.840 and except as otherwise provided in subsection 4, the principal may not name as agent in any power of attorney for any purpose:

      (a) The hospital, assisted living facility or facility for skilled nursing;

      (b) An owner or operator of the hospital, assisted living facility or facility for skilled nursing; or

      (c) An employee of the hospital, assisted living facility or facility for skilled nursing.

      4.  The principal may name as agent any person identified in subsection 3 if that person is:

      (a) The spouse, legal guardian or next of kin of the principal; or

      (b) Named only for the purpose of assisting the principal to establish eligibility for Medicaid and the power of attorney complies with the provisions of subsection 5.

      5.  A person may be named as agent pursuant to paragraph (b) of subsection 4 only if:

      (a) A valid financial power of attorney for the principal does not exist;

      (b) The agent has made a good faith effort to contact each family member of the principal identified in the records of the hospital, assisted living facility or facility for skilled nursing, as applicable, to request that the family member establish a financial power of attorney for the principal and has documented his or her effort;

      (c) The power of attorney specifies that the agent is only authorized to access financial documents of the principal which are necessary to prove eligibility of the principal for Medicaid as described in the application for Medicaid and specifies that any request for such documentation must be accompanied by a copy of the application for Medicaid or by other proof that the document is necessary to prove eligibility for Medicaid;

      (d) The power of attorney specifies that the agent does not have authority to access money or any other asset of the principal for any purpose; and

      (e) The power of attorney specifies that the power of attorney is only valid until eligibility of the principal for Medicaid is determined or 6 months after the power of attorney is signed, whichever is sooner.

      6.  A person who is named as agent pursuant to paragraph (b) of subsection 4 shall not use the power of attorney for any purpose other than to assist the principal to establish eligibility for Medicaid and shall not use the power of attorney in a manner inconsistent with the provisions of subsection 5. A person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      7.  As used in this section:

      (a) “Assisted living facility” has the meaning ascribed to it in NRS 422.2708.

 


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ê2013 Statutes of Nevada, Page 925 (Chapter 224, SB 78)ê

 

      (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (c) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

      (d) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (e) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 25. NRS 162A.250 is hereby amended to read as follows:

      162A.250  1.  In a power of attorney, a principal may nominate a guardian of the principal’s estate for consideration by the court if guardianship proceedings for the principal’s estate or person are begun after the principal executes the power of attorney.

      2.  If, after a principal executes a power of attorney, a court appoints a guardian of the principal’s estate, the power of attorney is terminated [.] , unless the court allows the agent to retain specific powers conferred by the power of attorney. In the event the court allows the agent to retain specific powers, the agent shall file an accounting with the court and the guardian on a quarterly basis or such other period as the court may designate.

      Sec. 26. NRS 162A.700 is hereby amended to read as follows:

      162A.700  NRS 162A.700 to 162A.860, inclusive, and section 23 of this act apply to any power of attorney containing the authority to make health care decisions.

      Sec. 27. NRS 162A.710 is hereby amended to read as follows:

      162A.710  As used in NRS 162A.700 to 162A.860, inclusive, and section 23 of this act, unless the context otherwise requires, the words and terms defined in NRS 162A.720 to 162A.780, inclusive, have the meanings ascribed to them in those sections.

      Sec. 28. NRS 162A.790 is hereby amended to read as follows:

      162A.790  1.  Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent concerning such decisions.

      2.  A power of attorney for health care must be signed by the principal. The principal’s signature on the power of attorney for health care must be:

      (a) Acknowledged before a notary public; or

      (b) Witnessed by two adult witnesses who know the principal personally.

      3.  Neither of the witnesses to a principal’s signature may be:

      (a) A provider of health care;

      (b) An employee of a provider of health care;

      (c) An operator of a health care facility;

      (d) An employee of a health care facility; or

      (e) The agent.

      4.  At least one of the witnesses to a principal’s signature must be a person who is:

      (a) Not related to the principal by blood, marriage or adoption; and

      (b) To the best of the witnesses’ knowledge, not entitled to any part of the estate of the principal upon the death of the principal.

      5.  If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of the execution of the power of attorney, a certification of competency of the principal from a physician, psychologist or psychiatrist must be attached to the power of attorney.

 


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ê2013 Statutes of Nevada, Page 926 (Chapter 224, SB 78)ê

 

      6.  A power of attorney executed in a jurisdiction outside of this State is valid in this State if, when the power of attorney was executed, the execution complied with the laws of that jurisdiction or the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.

      7.  As used in this section:

      (a) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

      (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (d) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 29. NRS 162A.860 is hereby amended to read as follows:

      162A.860  The form of a power of attorney for health care [must] may be substantially [as follows:] in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

       1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

       2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

       3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

       4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

 


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ê2013 Statutes of Nevada, Page 927 (Chapter 224, SB 78)ê

 

YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

       5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

       6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

       7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

       8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

       9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

       1.  DESIGNATION OF HEALTH CARE AGENT.

       I, .................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ..................................................................................................

Address: ............................................................................................

Telephone Number: ..........................................................................

as my agent to make health care decisions for me as authorized in this document.

       (Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

 


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ê2013 Statutes of Nevada, Page 928 (Chapter 224, SB 78)ê

 

       2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

       3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

       In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

       4.  SPECIAL PROVISIONS AND LIMITATIONS.

       (Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

       In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

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

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

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

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

 

       5.  DURATION.

       I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:      

 


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ê2013 Statutes of Nevada, Page 929 (Chapter 224, SB 78)ê

 

       6.  STATEMENT OF DESIRES.

       (With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

 

(If the statement

reflects your desires,

initial the box next to

the statement.)

 

       1.  I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.    [     ]

       2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)................................. [  ]

       3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)     [     ]

       4.  Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld........................ [  ]

       5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.   [       ]

 


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ê2013 Statutes of Nevada, Page 930 (Chapter 224, SB 78)ê

 

       (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

       Other or Additional Statements of Desires:..........................................

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

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

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

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

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

 

       7.  DESIGNATION OF ALTERNATE AGENT.

       (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

       If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 

       A.  First Alternative Agent

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

       B.  Second Alternative Agent

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

       8.  PRIOR DESIGNATIONS REVOKED.

       I revoke any prior durable power of attorney for health care.

       9.  WAIVER OF CONFLICT OF INTEREST.

       If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

       10.  CHALLENGES.

       If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

 


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ê2013 Statutes of Nevada, Page 931 (Chapter 224, SB 78)ê

 

       11.  NOMINATION OF GUARDIAN.

       If, after execution of this Durable Power of Attorney for Health Care, incompetency proceedings are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

       12.  RELEASE OF INFORMATION.

       I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), .............................. (state)

 

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

                                                                                      (Signature)

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                             }

                                                         }ss.

County of...................................... }

 

       On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 


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ê2013 Statutes of Nevada, Page 932 (Chapter 224, SB 78)ê

 

NOTARY SEAL                               .............................................................

                                                                 (Signature of Notary Public)

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility or an employee of an operator of a health care facility.

 

Signature: ................................               Residence Address: ...................

Print Name: ..............................               .........................................................

Date: .........................................               .........................................................

 

Signature: ................................               Residence Address: ...................

Print Name: ..............................               .........................................................

Date: .........................................               .........................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: ...........................................

 

Signature: ...........................................

 

---------------------------------------------------------------------------------------------

Names: .....................................               Address: ......................................

Print Name: ..............................               .........................................................

Date: .........................................               .........................................................

 


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ê2013 Statutes of Nevada, Page 933 (Chapter 224, SB 78)ê

 

COPIES:  You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

________

CHAPTER 225, SB 82

Senate Bill No. 82–Committee on Natural Resources

 

CHAPTER 225

 

[Approved: May 28, 2013]

 

AN ACT relating to wildlife; urging the Board of Wildlife Commissioners to thoroughly conduct a certain review of the hunting of black bears; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law: (1) requires the Board of Wildlife Commissioners to adopt regulations establishing seasons for hunting game mammals and the manner and means of taking wildlife; and (2) authorizes the Commission to adopt regulations setting forth the species of wildlife which may be hunted or trapped without a license or permit. (NRS 501.181, 502.010) Section 11.7 of this bill urges the Commission to thoroughly conduct its 3-year comprehensive review of the hunting of black bears.

 

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

 

      Whereas, Wildlife belongs to the people of the State of Nevada under NRS 501.100, and black bears are considered a big game mammal pursuant to NAC 502.020; and

      Whereas, Pursuant to NRS 501.102, the Nevada Legislature has declared that hunting is a valuable activity in the management of game mammals and game birds, results in financial support for conservation programs that benefit many species, including nongame wildlife, is an excellent source of food, recreational opportunities and employment, contributes significantly to the economy of this State and the quality of life of its citizens, and provides a beneficial use for firearms, archery equipment and other legal weapons used to take game mammals and game birds, following the pioneer spirit of Nevada; and

      Whereas, As set forth in NRS 501.100, the preservation, protection, management and restoration of wildlife within this State contribute immeasurably to the aesthetic, recreational and economic aspects of the natural resources belonging to the people of the State of Nevada; and

      Whereas, Outdoor recreation is a major feature of life in Nevada, and the majority of the State of Nevada is in public ownership through the Federal Government, which manages over 60 million acres, or about 86 percent of the total land area of the State of Nevada; and

      Whereas, In February 2011, the Board of Wildlife Commissioners approved the first black bear hunt in Nevada history; and

      Whereas, As part of this approval, the Board adopted and the Nevada Legislature approved temporary regulations setting forth parameters under which the black bear hunt would operate, including a bear hunting season beginning on the third Saturday of August 2011 and ending on the last Saturday of December 2011 or until the harvest quota was achieved; and

 


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

ê2013 Statutes of Nevada, Page 934 (Chapter 225, SB 82)ê

 

      Whereas, Before the 2012 bear hunting season, the Board of Wildlife Commissioners, with the Nevada Legislature approving, amended the administrative regulations to close bear hunting in portions of the Lake Tahoe Basin and the Carson Range, leaving bear hunting open in other areas of western Nevada; and

      Whereas, A total of 1,156 applications for bear hunting tags were received by the Department of Wildlife for the 2011 bear hunting season and 1,762 applications were received for the 2012 bear hunting season, with 45 tags issued each year; and

      Whereas, The 2011 black bear hunt resulted in the taking of 14 bears, and the 2012 bear hunt resulted in the harvest of 11 bears; and

      Whereas, Proponents and opponents of the black bear hunt have continuously registered their opinions relating to the bear hunt to the Department of Wildlife, the Board of Wildlife Commissioners and Nevada lawmakers; and

      Whereas, Some Native American tribes in Nevada have expressed concerns regarding potential interference with certain traditional ceremonies and activities, such as the annual pine nut harvest in black bear habitats in the Pine Nut and Sweetwater Mountains and the Wassuk Range, because the bear hunt takes place at the same time, and in the same places, as these traditional ceremonies and activities; and

      Whereas, Opponents of the bear hunt in Nevada have declared that the black bear hunt is not scientifically sustainable and conflicts with nonlethal priorities of bear management and conservation, the interests and concerns of the majority of Nevadans, including Nevada Native American tribes, and the various nonconsumptive forms of outdoor recreation, including hiking and camping; and

      Whereas, Proponents of the black bear hunt have stated that the bear hunt is scientifically sound and part of a viable and proven wildlife management approach, that hunting is the preferred means by which to manage wildlife and that a vast majority of Nevada sportsmen and sportswomen support bear hunting if it is done properly and ethically; and

      Whereas, Scientists from the Department of Wildlife and scientists representing opponents of the bear hunt have arrived at different conclusions relating to Nevada’s black bear population, the scope and range of black bear habitat in Nevada and the genetic diversity of black bears; and

      Whereas, The Board of Wildlife Commissioners has made a public commitment to review the black bear hunt following its third season and the Department of Wildlife’s Black Bear Management Plan for 2012 further commits to a 3-year scientific analysis of the black bear hunt, including a review of black bear survival, mortality rates and population trends, with the goal of achieving and maintaining healthy and productive black bear populations; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-11.(Deleted by amendment.)

      Sec. 11.3.  The Legislature hereby acknowledges the various perspectives on the hunting of black bears in Nevada.

      Sec. 11.5.  The Legislature hereby finds and declares that any hunting of black bears in Nevada should be predicated on sound scientific data that ensures a healthy, productive and viable black bear population and reduces the number of conflicts between bears and humans.

 


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ê2013 Statutes of Nevada, Page 935 (Chapter 225, SB 82)ê

 

ensures a healthy, productive and viable black bear population and reduces the number of conflicts between bears and humans.

      Sec. 11.7.  The Nevada Legislature urges:

      1.  The proponents and opponents of the black bear hunt in Nevada to engage in productive and meaningful discussions with the goal of achieving a consensus on the proper management of Nevada’s black bear population and which recognize and protect the rights of sportsmen and sportswomen, Native American tribes, conservationists and outdoor recreation enthusiasts in this State;

      2.  The continued management of black bears in Nevada by the Department of Wildlife in a way that conserves, sustains and protects the black bear population in a healthy and productive condition and minimizes threats to public safety and damage to personal property;

      3.  The Board of Wildlife Commissioners to thoroughly conduct its 3-year comprehensive review of the black bear hunt following the 2013 bear hunting season, with the goal of:

      (a) Evaluating the Department of Wildlife’s 3-year scientific analysis of the black bear hunt and any other relevant and available scientific analysis of that hunt;

      (b) Evaluating the overall impacts of three consecutive bear hunts; and

      (c) Making an unbiased and informed recommendation concerning the viability of hunting black bears in Nevada; and

      4.  The Board of Wildlife Commissioners to submit this review to the Director of the Legislative Counsel Bureau for distribution to the Chair of the Senate Committee on Natural Resources and the Chair of the Assembly Committee on Natural Resources, Agriculture, and Mining.

      Sec. 12.  This act becomes effective upon passage and approval.

________

CHAPTER 226, SB 100

Senate Bill No. 100–Committee on Health and Human Services

 

CHAPTER 226

 

[Approved: May 28, 2013]

 

AN ACT relating to providers of emergency medical services; revising provisions relating to the certification of emergency medical technicians; revising certain educational standards for emergency medical technicians; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the training and certification of three types of emergency medical technicians based upon the level of care provided. (NRS 450B.180, 450B.1905, 450B.191, 450B.195) Sections 1-50 of this bill revise the terms used to refer to those three types of emergency medical technicians for consistency with the terms used in the National Emergency Medical Services Education Standards released by the National Highway Traffic Safety Administration in 2009. That publication establishes the minimum education competencies required for persons who provide emergency medical services and will replace the National Standard Curriculum of the United States Department of Transportation. The term “emergency medical technician” in existing law continues to refer to the basic level of emergency medical technician.

 


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ê2013 Statutes of Nevada, Page 936 (Chapter 226, SB 100)ê

 

technician. However, this bill replaces the term “intermediate emergency medical technician” with “advanced emergency medical technician” and replaces the term “advanced emergency medical technician” with “paramedic.” In addition, sections 18, 19 and 21 require the training for certification as an emergency medical technician, advanced emergency medical technician and paramedic to follow the curriculum or educational standards prepared by the United States Department of Transportation, which are now set forth in the National Emergency Medical Services Education Standards.

 

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 441A.195 is hereby amended to read as follows:

      441A.195  1.  A law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or any of their employees, any other person who is employed by an agency of criminal justice or any other public employee whose duties may require him or her to come into contact with human blood or bodily fluids, who may have been exposed to a contagious disease while performing his or her official duties, or the employer of such a person, may petition a court for an order requiring the testing of a person or decedent for exposure to the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis if the person or decedent may have exposed the officer, medical attendant, firefighter, county coroner or medical examiner or their employee, other person employed by an agency of criminal justice or other public employee whose duties may require him or her to come into contact with human blood or bodily fluids to a contagious disease.

      2.  When possible, before filing a petition pursuant to subsection 1, the person or employer petitioning shall submit information concerning the possible exposure to a contagious disease to the designated health care officer for the employer or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases, for verification that there was substantial exposure. Each designated health care officer or person designated by an employer to document and verify possible exposure to contagious diseases shall establish guidelines based on current scientific information to determine substantial exposure.

      3.  A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person or decedent who possibly exposed him or her to a contagious disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred, the court shall:

      (a) Order the person who possibly exposed the petitioner, or the person on whose behalf the petition was filed, to a contagious disease to submit two specimens of blood to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis; or

      (b) Order that two specimens of blood be drawn from the decedent who possibly exposed the petitioner, or the person on whose behalf the petition was filed, to a contagious disease and be submitted to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis.

 


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was filed, to a contagious disease and be submitted to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis.

Ê The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in NRS 629.069.

      4.  The employer of a person who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer shall pay the cost of performing the test pursuant to subsection 3.

      5.  As used in this section:

      (a) “Agency of criminal justice” has the meaning ascribed to it in NRS 179A.030.

      (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, [intermediate] advanced emergency medical technician or [advanced emergency medical technician] paramedic pursuant to chapter 450B of NRS.

      Sec. 2. NRS 450.480 is hereby amended to read as follows:

      450.480  A hospital or rescue unit which meets minimum requirements established by the State Board of Health, or an ambulance service which meets minimum requirements established by the State Board of Health in a county whose population is less than 100,000, or a county or district board of health in a county whose population is 100,000 or more, may use [advanced emergency medical technicians,] paramedics, as defined in NRS [450B.025,] 450B.085, for the rendering of emergency medical care to the sick or injured:

      1.  At the scene of an emergency and during transport to a hospital;

      2.  While in a hospital emergency department; and

      3.  Until responsibility for care is assumed by the regular staff of the hospital.

      Sec. 3. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Certificate” means a certificate issued by a health authority acknowledging the successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic as identified on the certificate.

      Sec. 4. NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 450B.025 is hereby amended to read as follows:

      450B.025  “Advanced emergency medical technician” means a person [:

      1.  Trained in advanced emergency medical care in a training program approved by the board; and

      2.  Certified] certified by the health officer as having satisfactorily completed [the training] a program [.] of training for certification as an advanced emergency medical technician pursuant to NRS 450B.191.

      Sec. 6. NRS 450B.040 is hereby amended to read as follows:

      450B.040  “Ambulance” means a motor vehicle which is specially designed, constructed, equipped and staffed to provide [basic, intermediate or advanced] emergency medical care for one or more:

      1.  Sick or injured persons; or

      2.  Persons whose medical condition may require special observation during transportation or transfer,

Ê including, without limitation, such a vehicle of a fire-fighting agency.

 


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      Sec. 7. NRS 450B.065 is hereby amended to read as follows:

      450B.065  “Emergency medical technician” means a person [:

      1.  Trained in basic emergency medical care in a training program approved by the board; and

      2.  Certified] certified by the health officer as having satisfactorily completed [the training] a program [.] of training for certification as an emergency medical technician pursuant to NRS 450B.1905.

      Sec. 8. NRS 450B.0703 is hereby amended to read as follows:

      450B.0703  “Emergency response employee” means a firefighter, attendant, volunteer attendant, emergency medical technician, [intermediate] advanced emergency medical technician, [advanced emergency medical technician,] paramedic, law enforcement officer, correctional officer, other peace officer or person who is employed by an agency of criminal justice, county coroner or medical examiner or any of their employees, any other public employee whose duties may require him or her to come into contact with human blood or bodily fluids or any other person who, in the course of his or her professional duties, responds to emergencies in this State.

      Sec. 9. NRS 450B.085 is hereby amended to read as follows:

      450B.085  [“Intermediate emergency medical technician”] “Paramedic” means a person [:

      1.  Trained in intermediate emergency medical care in a training program approved by the board; and

      2.  Individually] certified by the health officer as having satisfactorily completed [the training] a program [.] of training for certification as a paramedic pursuant to NRS 450B.195.

      Sec. 10. NRS 450B.100 is hereby amended to read as follows:

      450B.100  “Permit” means the permit issued by the health authority under the provisions of this chapter to:

      1.  A person, agency of the State or political subdivision to own or operate an ambulance or air ambulance in the State of Nevada; or

      2.  A fire-fighting agency to provide [intermediate or advanced] medical care by emergency medical technicians, advanced emergency medical technicians or paramedics to sick or injured persons:

      (a) At the scene of an emergency; or

      (b) At the scene of an emergency and while transporting those persons to a medical facility.

      Sec. 11. NRS 450B.130 is hereby amended to read as follows:

      450B.130  1.  The board shall adopt regulations establishing reasonable minimum standards for:

      (a) Sanitation in ambulances and air ambulances;

      (b) Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances and medical equipment and supplies to be carried in vehicles of a fire-fighting agency;

      (c) Interior configuration, design and dimensions of ambulances placed in service after July 1, 1979;

      (d) Permits for operation of ambulances, air ambulances and vehicles of a fire-fighting agency;

      (e) Records to be maintained by an operator of an ambulance or air ambulance or by a fire-fighting agency; and

      (f) Treatment of patients who are critically ill or in urgent need of treatment.

 


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      2.  The health officers of this state shall jointly adopt regulations to establish the minimum standards for the certification [of emergency medical technicians.] or licensure of persons who provide emergency medical care. Upon adoption of the regulations, each health authority shall adopt the regulations for its jurisdiction. After each health authority adopts the regulations, the standards established constitute the minimum standards for certification [of emergency medical technicians] or licensure of persons who provide emergency medical care in this state. Any changes to the minimum standards must be adopted jointly by the health officers and by each health authority in the manner set forth in this subsection. Any changes in the minimum standards which are not adopted in the manner set forth in this subsection are void.

      3.  A health officer may adopt regulations that impose additional requirements for the certification [of emergency medical technicians] or licensure of persons who provide emergency medical care in the jurisdiction of the health officer, but the health officer must accept the certification [of an emergency medical technician] or licensure of a person who provides emergency medical care from the jurisdiction of another health officer as proof that the [emergency medical technician] person who provides emergency medical care has met the minimum requirements for certification [.] or licensure.

      4.  As used in this section, “person who provides emergency medical care” means an emergency medical technician, advanced emergency medical technician, paramedic, attendant of an ambulance or air ambulance or firefighter employed by or serving with a fire-fighting agency.

      Sec. 12. NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health authority may issue licenses to attendants and to firefighters employed by or serving as volunteers with a fire-fighting agency.

      2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

      3.  An applicant for a license must file with the health authority:

      (a) A current, valid certificate evidencing the applicant’s successful completion of a program [or course for] of training [in] as an emergency medical [technology,] technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

      (b) A current valid certificate evidencing the applicant’s successful completion of a program [for] of training as an [intermediate] emergency medical technician , [or] advanced emergency medical technician or paramedic, if the applicant is applying for a license as a firefighter with a fire-fighting agency.

      (c) A signed statement showing:

             (1) The name and address of the applicant;

             (2) The name and address of the employer of the applicant; and

             (3) A description of the applicant’s duties.

      (d) Such other certificates for training and such other items as the board may specify.

      4.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

 


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      5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.

      6.  Licensed physicians, registered nurses and licensed physician assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs [advanced] emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the State Board of Nursing. A licensed physician assistant who performs [advanced] emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the Board of Medical Examiners.

      7.  Each licensed physician, registered nurse and licensed physician assistant who serves as an attendant must have current certification of completion of training in:

      (a) Advanced life-support procedures for patients who require cardiac care;

      (b) Life-support procedures for pediatric patients who require cardiac care; or

      (c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

Ê The certification must be issued by the Board of Medical Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.

      8.  The Board of Medical Examiners and the State Board of Nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, licensed physician assistant or registered nurse attends:

      (a) A course offered by a national organization which is nationally recognized for issuing such certification;

      (b) Training conducted by the operator of an ambulance or air ambulance; or

      (c) Any other course or training,

Ê approved by the Board of Medical Examiners or the State Board of Nursing, whichever is issuing the certification. The Board of Medical Examiners and the State Board of Nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, licensed physician assistant or registered nurse who primarily serves as an attendant in a county whose population is 700,000 or more.

      Sec. 13. NRS 450B.165 is hereby amended to read as follows:

      450B.165  The health authority shall not issue or renew:

      1.  A license to an attendant or firefighter; or

      2.  A certificate , [as an emergency medical technician,]

Ê unless the applicant for issuance or renewal of the license or certificate attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      Sec. 14. NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician , advanced emergency medical technician or paramedic must apply to the health authority using forms prescribed by the health authority.

      2.  The health authority, pursuant to regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications to be certified as an emergency medical technician, advanced emergency medical technician or paramedic and shall issue [a] the appropriate certificate [as an emergency medical technician] to each qualified applicant.

 


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be certified as an emergency medical technician, advanced emergency medical technician or paramedic and shall issue [a] the appropriate certificate [as an emergency medical technician] to each qualified applicant.

      3.  A certificate [as an emergency medical technician] is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter. The regulations and standards established by the board must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

      (a) An overview of acts of terrorism and weapons of mass destruction;

      (b) Personal protective equipment required for acts of terrorism;

      (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

      (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

      (e) An overview of the information available on, and the use of, the Health Alert Network.

Ê The board may thereafter determine whether to establish regulations and standards requiring additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

      4.  The health authority may suspend or revoke [the] a certificate [of an emergency medical technician] if it finds that the holder of the certificate no longer meets the prescribed qualifications. Unless the certificate is suspended by the district court pursuant to NRS 425.540, the holder of the certificate may appeal the suspension or revocation of his or her certificate pursuant to regulations adopted by the board.

      5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician [.] , advanced emergency medical technician or paramedic.

      6.  A certificate issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a district board of health.

      7.  The Health Division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the Health Division or a district board of health.

      8.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

      9.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 15. NRS 450B.183 is hereby amended to read as follows:

      450B.183  1.  An applicant for the issuance or renewal of a license as an attendant or firefighter employed by a fire-fighting agency or [an emergency medical technician] a certificate shall submit to the health authority the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

 


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ê2013 Statutes of Nevada, Page 942 (Chapter 226, SB 100)ê

 

emergency medical technician] a certificate shall submit to the health authority the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The health authority shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

      (b) A separate form prescribed by the health authority.

      3.  A license or certificate described in subsection 1 may not be issued or renewed by the health authority if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the health authority shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 16. NRS 450B.185 is hereby amended to read as follows:

      450B.185  1.  If the health authority receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an attendant or firefighter employed by a fire-fighting agency or [an emergency medical technician] a certificate, the health authority shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the health authority receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The health authority shall reinstate a license as an attendant or firefighter employed by a fire-fighting agency or [an emergency medical technician] a certificate that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The health authority receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license or certificate was suspended pays any fees imposed by the health authority for the reinstatement of a suspended license or certificate.

 


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      Sec. 17. NRS 450B.187 is hereby amended to read as follows:

      450B.187  An application for the issuance or renewal of a license as an attendant or firefighter employed by a fire-fighting agency or [an emergency medical technician] a certificate must include the social security number of the applicant.

      Sec. 18. NRS 450B.1905 is hereby amended to read as follows:

      450B.1905  1.  A program [for] of training [in the basic care of a patient in urgent need of medical care or observation] for certification as an emergency medical technician must be:

      (a) Supervised by a physician and approved by the health authority; or

      (b) Presented by a national organization which is nationally recognized for providing such training and approved by the board.

      2.  [Except as otherwise provided in subsections 3 and 4, training in basic care must include:

      (a) Procedures to establish and maintain an open airway in a patient;

      (b) Administration of oxygen, both manually and by a device which uses intermittent positive pressure;

      (c) Cardiopulmonary resuscitation;

      (d) Treatment of shock;

      (e) Control of bleeding;

      (f) Treatment of wounds;

      (g) Application of splints;

      (h) Treatment for poisoning;

      (i) Childbirth; and

      (j) Rescue.

      3.]  A program [for] of training [in the basic care of a patient may] for certification as an emergency medical technician must follow the curriculum or educational standards prepared by the United States Department of Transportation as a national standard for emergency medical technicians.

      [4.] 3.  The board may adopt regulations which prescribe other requirements [for] of training [in the basic care of a patient in urgent need of medical care or observation.

      5.] for certification as an emergency medical technician.

      4.  An owner of an ambulance shall not offer [basic] emergency medical care [of] to a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training [in such care] for certification as an emergency medical technician or is exempt, pursuant to subsection 6 of NRS 450B.160, from the requirement to obtain that training.

      [6.] 5.  The board may by regulation prescribe additional requirements for receiving and maintaining certification [in basic emergency care.] as an emergency medical technician. The curriculum or educational standards for training must be:

      (a) At the level of advanced first aid; or

      (b) At least equivalent to any curriculum or educational standards prepared by the Department of Transportation as a national standard for emergency medical technicians.

      Sec. 19. NRS 450B.191 is hereby amended to read as follows:

      450B.191  1.  A program of training [in intermediate emergency care of a patient in urgent need of medical care or observation] for certification as an advanced emergency medical technician must be [conducted] supervised by a licensed physician and approved by the health authority.

 


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ê2013 Statutes of Nevada, Page 944 (Chapter 226, SB 100)ê

 

      2.  A program of training for certification as an [intermediate] advanced emergency medical technician must include an approved curriculum in intravenous therapy and the management of a passage for air to the lungs. Only a certified emergency medical technician with experience as established by the board is eligible for this training.

      3.  In order to maintain certification, each [intermediate] advanced emergency medical technician must annually:

      (a) Comply with the requirements established by the board for continuing medical education; and

      (b) Demonstrate his or her skills as required by regulation of the board.

      4.  The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification [in intermediate] as an advanced emergency [care.] medical technician. The curriculum must be at least equivalent to any curriculum or educational standards prepared by the United States Department of Transportation as a national standard for [intermediate] advanced emergency medical technicians.

      5.  A person shall not represent himself or herself to be an [intermediate] advanced emergency medical technician unless the person has on file with the health authority a currently valid certificate demonstrating successful completion of the program of training required by this section.

      6.  Except as authorized by subsection 6 of NRS 450B.160, an attendant or firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency [must] shall not offer, [intermediate] emergency care as an advanced emergency medical technician without fulfilling the requirements established by the board.

      Sec. 20. NRS 450B.1915 is hereby amended to read as follows:

      450B.1915  An [intermediate] advanced emergency medical technician may perform any procedure and administer any drug:

      1.  Approved by regulation of the board; or

      2.  Authorized pursuant to NRS 450B.1975, if the [intermediate] advanced emergency medical technician has obtained an endorsement pursuant to that section.

      Sec. 21. NRS 450B.195 is hereby amended to read as follows:

      450B.195  1.  Only a certified emergency medical technician [who is a licensed attendant or a firefighter] with experience as established by the board is eligible for training as [an advanced emergency medical technician.] a paramedic.

      2.  A program of training [in advanced emergency care for advanced emergency medical technicians] for certification as a paramedic must be [conducted] supervised by a licensed physician and approved by the health authority.

      3.  [In order to] To maintain certification, each [advanced emergency medical technician] paramedic must annually:

      (a) Comply with the requirements established by the board for continuing medical education; and

      (b) Demonstrate his or her skills as required by regulation of the board.

      4.  The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification [in advanced emergency care.] as a paramedic. The curriculum must be at least equivalent to any curriculum or educational standards prepared by the United States Department of Transportation as a national standard for [advanced emergency medical technicians.] paramedics.

 


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      5.  A person shall not represent himself or herself to be [an advanced emergency medical technician] a paramedic unless the person has on file with the health authority a currently valid certificate evidencing the person’s successful completion of the program of training required by this section.

      6.  Except as authorized by subsection 6 of NRS 450B.160, an attendant or firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency [must] shall not offer, [advanced] emergency care as a paramedic without fulfilling the requirements established by the board.

      Sec. 22. NRS 450B.197 is hereby amended to read as follows:

      450B.197  An attendant or a firefighter who is [an advanced emergency medical technician] a paramedic may perform any procedure and administer any drug:

      1.  Approved by regulation of the board; or

      2.  Authorized pursuant to NRS 450B.1975, if the attendant or firefighter who is [an advanced emergency medical technician] a paramedic has obtained an endorsement pursuant to that section.

      Sec. 23. NRS 450B.1975 is hereby amended to read as follows:

      450B.1975  1.  An [intermediate] advanced emergency medical technician or [an advanced emergency medical technician] a paramedic who holds an endorsement to administer immunizations, dispense medication and prepare and respond to certain public health needs issued in accordance with the regulations adopted pursuant to this section may:

      (a) Administer immunizations and dispense medications;

      (b) Participate in activities designed to prepare the community to meet anticipated health needs, including, without limitation, participation in public vaccination clinics; and

      (c) Respond to an actual epidemic or other emergency in the community,

Ê under the direct supervision of the local health officer, or a designee of the local health officer, of the jurisdiction in which the immunization is administered or the medication is dispensed or in which the emergency or need exists.

      2.  The district board of health, in a county whose population is 700,000 or more, may adopt regulations for the endorsement of [intermediate] advanced emergency medical technicians and [advanced emergency medical technicians] paramedics pursuant to this section. The regulations must:

      (a) Prescribe the minimum training required to obtain such an endorsement;

      (b) Prescribe the continuing education requirements or other evidence of continued competency for renewal of the endorsement;

      (c) Prescribe the fee for the issuance and renewal of the endorsement, which must not exceed $5; and

      (d) Not require licensure as an attendant as a condition of eligibility for an endorsement pursuant to this section.

      3.  The State Board of Health shall, for counties whose population is less than 700,000, adopt regulations for the endorsement of [intermediate] advanced emergency medical technicians and [advanced emergency medical technicians] paramedics pursuant to this section. The regulations must:

      (a) Prescribe the minimum training required to obtain such an endorsement;

      (b) Prescribe the continuing education requirements or other evidence of continued competency for renewal of the endorsement;

 


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ê2013 Statutes of Nevada, Page 946 (Chapter 226, SB 100)ê

 

      (c) Prescribe the fee for the issuance and renewal of the endorsement, which must not exceed $5;

      (d) To the extent practicable, authorize local health officers to provide the training and continuing education required to obtain and renew an endorsement; and

      (e) Not require licensure as an attendant as a condition of eligibility for an endorsement pursuant to this section.

      4.  As used in this section:

      (a) “Emergency” means an occurrence or threatened occurrence for which, in the determination of the Governor, the assistance of state agencies is needed to supplement the efforts and capabilities of political subdivisions to save lives, protect property and protect the health and safety of persons in this State, or to avert the threat of damage to property or injury to or the death of persons in this State.

      (b) “Local health officer” means a city health officer appointed pursuant to NRS 439.430, county health officer appointed pursuant to NRS 439.290 or district health officer appointed pursuant to NRS 439.368 or 439.400.

      Sec. 24. NRS 450B.1985 is hereby amended to read as follows:

      450B.1985  1.  Except as otherwise provided in subsection 2, no permit may be issued pursuant to this chapter authorizing a fire-fighting agency to provide [intermediate or advanced] the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons while transporting those persons to a medical facility.

      2.  Except as otherwise provided in subsection 9 of NRS 450B.200, the district board of health in a county whose population is 700,000 or more may issue a permit pursuant to NRS 450B.200 or 450B.210 authorizing a fire-fighting agency to provide [intermediate or advanced] the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency and while transporting those persons to a medical facility.

      Sec. 25. NRS 450B.240 is hereby amended to read as follows:

      450B.240  1.  A person or governmental entity shall not engage in the operation of any ambulance or air ambulance service in this state without a currently valid permit for that service issued by the health authority.

      2.  A fire-fighting agency shall not provide [intermediate or advanced] the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility without a currently valid permit for that care issued by the health authority.

      Sec. 26. NRS 450B.250 is hereby amended to read as follows:

      450B.250  Except as otherwise provided in this chapter, a person shall not serve as an attendant on any ambulance or air ambulance and a firefighter shall not provide [intermediate or advanced] the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility unless the person holds a currently valid license issued by the health authority under the provisions of this chapter.

      Sec. 27. NRS 450B.255 is hereby amended to read as follows:

      450B.255  A person shall not represent himself or herself to be an emergency medical technician , advanced emergency medical technician or paramedic unless the person has been issued a currently valid certificate [as an emergency medical technician] by the health authority.

 


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      Sec. 28. NRS 450B.260 is hereby amended to read as follows:

      450B.260  1.  Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire-fighting agency which owns a vehicle used in providing medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility shall not permit its operation and use by any person not licensed under this chapter.

      2.  An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, each of whom is licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection 6 of NRS 450B.160, except as otherwise provided in subsection 5 or in geographic areas which may be designated by the board and for which the board may prescribe lesser qualifications.

      3.  An air ambulance carrying a sick or injured patient must be occupied by a licensed attendant, or a person exempt from licensing pursuant to subsection 6 of NRS 450B.160, in addition to the pilot of the aircraft.

      4.  The pilot of an air ambulance is not required to have a license under this chapter.

      5.  A person who operates or uses a vehicle owned by a fire-fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide [intermediate or advanced] the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons:

      (a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care; or

      (b) While transporting those persons to a medical facility unless at least two persons in the vehicle are licensed to provide the care.

      Sec. 29. NRS 450B.265 is hereby amended to read as follows:

      450B.265  1.  Except as otherwise provided in subsection 2, a fire-fighting agency or an owner, operator, director or chief officer of an ambulance shall not represent, advertise or imply that it:

      (a) Is authorized to provide [advanced] the level of emergency care [;] provided by a paramedic; or

      (b) Uses the services of [an advanced emergency medical technician,] a paramedic,

Ê unless the service has a currently valid permit to provide [advanced] the level of emergency care provided by a paramedic issued by the health authority.

      2.  Any service in a county whose population is less than 700,000, that holds a valid permit for the operation of an ambulance but is not authorized by the health authority to provide [advanced] the level of emergency care provided by a paramedic may represent, for billing purposes, that its ambulance provided [advanced] emergency care by a paramedic if:

      (a) A registered nurse employed by a hospital rendered [advanced] the level of emergency care provided by a paramedic to a patient being transferred from the hospital by the ambulance; and

      (b) The equipment deemed necessary by the health authority for the provision of [advanced] the level of emergency care provided by a paramedic was on board the ambulance at the time the registered nurse rendered [advanced] the emergency care.

 


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      3.  A hospital that employs a registered nurse who renders the care described in subsection 2 is entitled to reasonable reimbursement for the services rendered by the nurse.

      Sec. 30. NRS 450B.460 is hereby amended to read as follows:

      450B.460  “Person who administers emergency medical services” means a paid or volunteer firefighter, law enforcement officer, emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services.

      Sec. 31. NRS 453.375 is hereby amended to read as follows:

      453.375  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

      3.  [An advanced emergency medical technician:] A paramedic:

      (a) As authorized by regulation of:

             (1) The State Board of Health in a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and

      (b) In accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      4.  A respiratory therapist, at the direction of a physician or physician assistant.

      5.  A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:

      (a) In the presence of a physician, physician assistant or a registered nurse; or

      (b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      7.  Any person designated by the head of a correctional institution.

      8.  A veterinary technician at the direction of his or her supervising veterinarian.

 


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ê2013 Statutes of Nevada, Page 949 (Chapter 226, SB 100)ê

 

      9.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      10.  In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

      11.  A person who is enrolled in a training program to become [an advanced emergency medical technician,] a paramedic, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to [an advanced emergency medical technician,] a paramedic, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      Sec. 32. NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.

      2.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

      4.  In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

      (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

      (b) Acting under the direction of the medical director of that agency or facility who works in this State.

      5.  A medication aide - certified at a designated facility under the supervision of an advanced practitioner of nursing or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this subsection, “designated facility” has the meaning ascribed to it in NRS 632.0145.

      6.  Except as otherwise provided in subsection 7, an [intermediate] advanced emergency medical technician or [an advanced emergency medical technician,] a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

      (a) The State Board of Health in a county whose population is less than 100,000;

      (b) A county board of health in a county whose population is 100,000 or more; or

      (c) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

 


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ê2013 Statutes of Nevada, Page 950 (Chapter 226, SB 100)ê

 

      7.  An [intermediate] advanced emergency medical technician or [an advanced emergency medical technician] a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

      8.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      9.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      10.  A medical student or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      11.  Any person designated by the head of a correctional institution.

      12.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      13.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      14.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      15.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      16.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

      17.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      18.  A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

      19.  In accordance with applicable regulations of the Board, a registered pharmacist who:

      (a) Is trained in and certified to carry out standards and practices for immunization programs;

      (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

 


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ê2013 Statutes of Nevada, Page 951 (Chapter 226, SB 100)ê

 

      (c) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices [.] of the Centers for Disease Control and Prevention.

      20.  A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to NRS 639.2809.

      21.  A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, [intermediate] advanced emergency medical technician, [advanced emergency medical technician,] paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, [intermediate] advanced emergency medical technician, [advanced emergency medical technician,] paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      22.  A medical assistant, in accordance with applicable regulations of the:

      (a) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      (b) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      Sec. 33. NRS 41.139 is hereby amended to read as follows:

      41.139  1.  Except as otherwise provided in subsection 2, a peace officer, firefighter or emergency medical attendant may bring and maintain an action for damages for personal injury caused by the willful act of another person, or by another person’s lack of ordinary care or skill in the management of the person’s property, if the conduct causing the injury:

      (a) Occurred after the person who caused the injury knew or should have known of the presence of the peace officer, firefighter or emergency medical attendant;

      (b) Was intended to injure the peace officer, firefighter or emergency medical attendant;

      (c) Violated a statute, ordinance or regulation:

             (1) Intended to protect the peace officer, firefighter or emergency medical attendant; or

             (2) Prohibiting resistance to or requiring compliance with an order of a peace officer or firefighter; or

      (d) Was arson.

      2.  This section does not impose liability on the employer of the peace officer, firefighter or emergency medical attendant.

      3.  As used in this section:

      (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, [intermediate] advanced emergency medical technician or [advanced emergency medical technician] paramedic pursuant to chapter 450B of NRS.

 


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ê2013 Statutes of Nevada, Page 952 (Chapter 226, SB 100)ê

 

      (b) “Peace officer” has the meaning ascribed to it in NRS 169.125.

      Sec. 34. NRS 41.504 is hereby amended to read as follows:

      41.504  1.  Any physician, physician assistant or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant, physician assistant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision.

      2.  An emergency medical attendant, physician assistant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, physician assistant, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

      3.  As used in this section, “emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, [intermediate] advanced emergency medical technician or [advanced emergency medical technician] paramedic pursuant to chapter 450B of NRS.

      Sec. 35. NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means:

             (1) Unlawfully attempting to use physical force against another person; or

             (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

      (c) “Provider of health care” means a physician, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian , [and] an emergency medical technician [.]

 


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ê2013 Statutes of Nevada, Page 953 (Chapter 226, SB 100)ê

 

ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian , [and] an emergency medical technician [.] , an advanced emergency medical technician and a paramedic.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B 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 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B 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 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B 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 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 36. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

 


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ê2013 Statutes of Nevada, Page 954 (Chapter 226, SB 100)ê

 

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, [advanced emergency medical technician,] paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

 


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ê2013 Statutes of Nevada, Page 955 (Chapter 226, SB 100)ê

 

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 37. NRS 200.50935 is hereby amended to read as follows:

      200.50935  1.  Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:

      (a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited or isolated.

 


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ê2013 Statutes of Nevada, Page 956 (Chapter 226, SB 100)ê

 

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, [advanced emergency medical technician,] paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide nursing in the home.

      (e) Any employee of the Department of Health and Human Services.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

      (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

      (h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (i) Every social worker.

      (j) Any person who owns or is employed by a funeral home or mortuary.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

      7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 38. NRS 244.1605 is hereby amended to read as follows:

      244.1605  The boards of county commissioners may:

 


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ê2013 Statutes of Nevada, Page 957 (Chapter 226, SB 100)ê

 

      1.  Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in those areas.

      2.  Provide a full-time or part-time staff for the facilities which may include a physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a registered nurse or a licensed practical nurse, a certified emergency medical technician , advanced emergency medical technician or paramedic, and such other personnel as the board deems necessary or appropriate to ensure adequate staffing commensurate with the needs of the area in which the facility is located.

      3.  Fix the charges for the medical and nursing care and medicine furnished by the facility to those who are able to pay for them, and to provide that care and medicine free of charge to those persons who qualify as medical indigents under the county’s criteria of eligibility for medical care.

      4.  Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in the outlying areas.

      Sec. 39. NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

 


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ê2013 Statutes of Nevada, Page 958 (Chapter 226, SB 100)ê

 

A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, clinical social worker, music therapist, athletic trainer, [advanced emergency medical technician] paramedic or other person providing medical services licensed or certified in this State.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A social worker and an administrator, teacher, librarian or counselor of a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) An attorney, unless the attorney has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report.

 


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ê2013 Statutes of Nevada, Page 959 (Chapter 226, SB 100)ê

 

appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      Sec. 40. NRS 482.3843 is hereby amended to read as follows:

      482.3843  1.  The chief of a volunteer fire department may apply to the Department of Motor Vehicles for the issuance of a placard for a member of the volunteer fire department , [or] a volunteer emergency medical technician , advanced emergency medical technician or paramedic associated with the department. The application must:

      (a) Be submitted on a form approved by the Department of Motor Vehicles; and

      (b) Include:

             (1) The name of the volunteer fire department;

             (2) The county in which the volunteer fire department is located; and

             (3) The number of placards requested.

      2.  Upon receipt of an application pursuant to the provisions of subsection 1, the Department of Motor Vehicles shall prepare and issue the number of placards requested in the application. The placards must be yellow in color and must have appropriate mounting holes. The volunteer fire department is responsible for determining the design, lettering and numbering of the placards.

      3.  The chief of the volunteer fire department shall establish rules:

      (a) Regarding the issuance and use of the placards; and

      (b) Establishing a method of establishing and maintaining records of placards that have been issued.

      4.  When a member to whom a placard has been issued ceases to be a member of the volunteer fire department, or when a volunteer emergency medical technician , advanced emergency medical technician or paramedic to whom a placard has been issued ceases to be associated with the department, the person shall surrender the placard to the chief of the volunteer fire department from which the person received the placard.

      5.  A placard issued pursuant to the provisions of this section may not be used in lieu of a license plate otherwise required by this chapter.

      6.  The Department of Motor Vehicles shall not charge a fee for the issuance of the placards pursuant to this section.

      Sec. 41. NRS 484B.165 is hereby amended to read as follows:

      484B.165  1.  Except as otherwise provided in this section, a person shall not, while operating a motor vehicle on a highway in this State:

      (a) Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.

      (b) Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.

 


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      2.  The provisions of this section do not apply to:

      (a) A paid or volunteer firefighter, emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services who is acting within the course and scope of his or her employment.

      (b) A law enforcement officer or any person designated by a sheriff or chief of police or the Director of the Department of Public Safety who is acting within the course and scope of his or her employment.

      (c) A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.

      (d) A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.

      (e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test, or other exercise in preparation for a disaster or emergency or otherwise communicating public information.

      (f) An employee or contractor of a public utility who uses a handheld wireless communications device:

             (1) That has been provided by the public utility; and

             (2) While responding to a dispatch by the public utility to respond to an emergency, including, without limitation, a response to a power outage or an interruption in utility service.

      3.  The provisions of this section do not prohibit the use of a voice-operated global positioning or navigation system that is affixed to the vehicle.

      4.  A person who violates any provision of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense within the immediately preceding 7 years, shall pay a fine of $50.

      (b) For the second offense within the immediately preceding 7 years, shall pay a fine of $100.

      (c) For the third or subsequent offense within the immediately preceding 7 years, shall pay a fine of $250.

      5.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130.

      6.  The Department of Motor Vehicles shall not treat a first violation of this section in the manner statutorily required for a moving traffic violation.

      7.  For the purposes of this section, a person shall be deemed not to be operating a motor vehicle if the motor vehicle is driven autonomously through the use of artificial-intelligence software and the autonomous operation of the motor vehicle is authorized by law.

      8.  As used in this section:

      (a) “Handheld wireless communications device” means a handheld device for the transfer of information without the use of electrical conductors or wires and includes, without limitation, a cellular telephone, a personal digital assistant, a pager and a text messaging device. The term does not include a device used for two-way radio communications if:

             (1) The person using the device has a license to operate the device, if required; and

 


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ê2013 Statutes of Nevada, Page 961 (Chapter 226, SB 100)ê

 

             (2) All the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit which is used to transmit and receive communications and which is separate from the microphone and is not intended to be held.

      (b) “Public utility” means a supplier of electricity or natural gas or a provider of telecommunications service for public use who is subject to regulation by the Public Utilities Commission of Nevada.

      Sec. 42. NRS 484B.320 is hereby amended to read as follows:

      484B.320  1.  Except as otherwise provided in this section:

      (a) A person shall not operate a vehicle on the highways of this State if the vehicle is equipped with any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

      (b) A person shall not operate any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

      2.  Except as otherwise provided in this subsection, a person shall not in this State sell or offer for sale any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal. The provisions of this subsection do not prohibit a person from selling or offering for sale:

      (a) To a provider of mass transit, a signal prioritization device; or

      (b) To a response agency, a signal preemption device or a signal prioritization device, or both.

      3.  A police officer:

      (a) Shall, without a warrant, seize any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal; or

      (b) May, without a warrant, seize and take possession of a vehicle equipped with any device or mechanism that is capable of interfering with or altering the signal of a traffic-control signal, including, without limitation, a mobile transmitter, if the device or mechanism cannot be removed from the motor vehicle by the police officer, and may cause the vehicle to be towed and impounded until:

             (1) The device or mechanism is removed from the vehicle; and

             (2) The owner claims the vehicle by paying the cost of the towing and impoundment.

      4.  Neither the police officer nor the governmental entity which employs the officer is civilly liable for any damage to a vehicle seized pursuant to the provisions of paragraph (b) of subsection 3 that occurs after the vehicle is seized but before the towing process begins.

      5.  Except as otherwise provided in subsection 9, the presence of any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal in or on a vehicle on the highways of this State constitutes prima facie evidence of a violation of this section. The State need not prove that the device or mechanism in question was in an operative condition or being operated.

      6.  A person who violates the provisions of subsection 1 or 2 is guilty of a misdemeanor.

      7.  A person who violates any provision of subsection 1 or 2 may be subject to the additional penalty set forth in NRS 484B.130.

 


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ê2013 Statutes of Nevada, Page 962 (Chapter 226, SB 100)ê

 

      8.  A provider of mass transit shall not operate or cause to be operated a signal prioritization device in such a manner as to impede or interfere with the use by response agencies of signal preemption devices.

      9.  The provisions of this section do not:

      (a) Except as otherwise provided in subsection 8, prohibit a provider of mass transit from acquiring, possessing or operating a signal prioritization device.

      (b) Prohibit a response agency from acquiring, possessing or operating a signal preemption device or a signal prioritization device, or both.

      10.  As used in this section:

      (a) “Mobile transmitter” means a device or mechanism that is:

             (1) Portable, installed within a vehicle or capable of being installed within a vehicle; and

             (2) Designed to affect or alter, through the emission or transmission of sound, infrared light, strobe light or any other audible, visual or electronic method, the normal operation of a traffic-control signal.

Ê The term includes, without limitation, a signal preemption device and a signal prioritization device.

      (b) “Provider of mass transit” means a governmental entity or a contractor of a governmental entity which operates, in whole or in part:

             (1) A public transit system, as that term is defined in NRS 377A.016; or

             (2) A system of public transportation referred to in NRS 277A.270.

      (c) “Response agency” means an agency of this State or of a political subdivision of this State that provides services related to law enforcement, firefighting, emergency medical care or public safety. The term includes a nonprofit organization or private company that, as authorized pursuant to chapter 450B of NRS:

             (1) Provides ambulance service; or

             (2) Provides [intermediate or advanced] the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility.

      (d) “Signal preemption device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

             (1) The signal, in the direction of travel of the vehicle, to remain green if the signal is already displaying a green light;

             (2) The signal, in the direction of travel of the vehicle, to change from red to green if the signal is displaying a red light;

             (3) The signal, in other directions of travel, to remain red or change to red, as applicable, to prevent other vehicles from entering the intersection; and

             (4) The applicable functions described in subparagraphs (1), (2) and (3) to continue until such time as the vehicle equipped with the device is clear of the intersection.

      (e) “Signal prioritization device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

             (1) The signal, in the direction of travel of the vehicle, to display a green light a few seconds sooner than the green light would otherwise be displayed;

 


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ê2013 Statutes of Nevada, Page 963 (Chapter 226, SB 100)ê

 

             (2) The signal, in the direction of travel of the vehicle, to display a green light for a few seconds longer than the green light would otherwise be displayed; or

             (3) The functions described in both subparagraphs (1) and (2).

      (f) “Traffic-control signal” means a traffic-control signal, as defined in NRS 484A.290, which is capable of receiving and responding to an emission or transmission from a mobile transmitter.

      Sec. 43. NRS 484B.767 is hereby amended to read as follows:

      484B.767  1.  Except as otherwise provided in this section, a peace officer, a firefighter, an emergency medical technician , an advanced emergency medical technician or a paramedic certified pursuant to chapter 450B of NRS or an employee of a pedestrian mall, who operates a bicycle or an electric bicycle while on duty, is not required to comply with any provision of NRS or any ordinance of a local government relating to the operation of a bicycle or an electric bicycle while on duty if he or she:

      (a) Is responding to an emergency call or the peace officer is in pursuit of a suspected violator of the law; or

      (b) Determines that noncompliance with any such provision is necessary to carry out his or her duties.

      2.  The provisions of this section do not:

      (a) Relieve a peace officer, firefighter, emergency medical technician , advanced emergency medical technician, paramedic or employee of a pedestrian mall from the duty to operate a bicycle or an electric bicycle with due regard for the safety of others.

      (b) Protect such a person from the consequences of the person’s disregard for the safety of others.

      3.  As used in this section, “pedestrian mall” has the meaning ascribed to it in NRS 268.811.

      Sec. 44. NRS 484C.250 is hereby amended to read as follows:

      484C.250  1.  The results of any blood test administered under the provisions of NRS 484C.160 or 484C.180 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, registered nurse, licensed practical nurse, [emergency medical technician] advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

 


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ê2013 Statutes of Nevada, Page 964 (Chapter 226, SB 100)ê

 

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.

      Sec. 45. NRS 488.500 is hereby amended to read as follows:

      488.500  1.  The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, registered nurse, licensed practical nurse, [emergency medical technician] advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.

      Sec. 46. NRS 616A.035 is hereby amended to read as follows:

      616A.035  1.  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

      2.  The term includes:

      (a) Medical benefits as defined by NRS 617.130;

      (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his or her employment;

      (c) Preventive treatment administered as a precaution to a police officer, a salaried or volunteer firefighter or an arson investigator who:

             (1) Was exposed to a contagious disease:

                   (I) Upon battery by an offender; or

                   (II) While performing the duties of a police officer, firefighter or arson investigator,

Ê if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of NRS 616C.052; or

 


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ê2013 Statutes of Nevada, Page 965 (Chapter 226, SB 100)ê

 

             (2) Tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052; and

      (d) Preventive treatment for hepatitis administered as a precaution to a police officer, full-time salaried firefighter, arson investigator or emergency medical attendant employed in this State.

      3.  The term does not include:

      (a) Exercise equipment, a hot tub or a spa for an employee’s home;

      (b) Membership in an athletic or health club;

      (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

      (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

      4.  As used in this section:

      (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, [intermediate] advanced emergency medical technician or [advanced emergency medical technician] paramedic pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

      (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

      (d) “Preventive treatment” includes, without limitation:

             (1) Tests to determine if an employee has contracted hepatitis or any other contagious disease to which the employee was exposed; and

             (2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X rays as are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      Sec. 47. NRS 617.485 is hereby amended to read as follows:

      617.485  1.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his or her employment if the employee has been continuously employed for 5 years or more as a police officer, full-time salaried firefighter or emergency medical attendant in this State before the date of any temporary or permanent disability or death resulting from the hepatitis.

      2.  Compensation awarded to a police officer, firefighter or emergency medical attendant, or to the dependents of such a person, for hepatitis pursuant to this section must include:

      (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and

      (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

      3.  A police officer, salaried firefighter or emergency medical attendant shall:

      (a) Submit to a blood test to screen for hepatitis C upon employment, upon the commencement of coverage and thereafter on an annual basis during his or her employment.

 


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      (b) Submit to a blood test to screen for hepatitis A and hepatitis B upon employment, upon the commencement of coverage and thereafter on an annual basis during his or her employment, except that a police officer, salaried firefighter or emergency medical attendant is not required to submit to a blood test to screen for hepatitis A and hepatitis B on an annual basis during his or her employment if he or she has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his or her employment. Each employer shall provide a police officer, salaried firefighter or emergency medical attendant with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his or her employment.

      4.  All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer.

      5.  The provisions of this section:

      (a) Except as otherwise provided in paragraph (b), do not apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment.

      (b) Apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, he or she is diagnosed with a different strain of hepatitis.

      (c) Apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment.

      6.  A police officer, firefighter or emergency medical attendant who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a police officer, firefighter or emergency medical attendant,

Ê may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability.

      7.  As used in this section:

      (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, [intermediate] advanced emergency medical technician or [advanced emergency medical technician] paramedic pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

      (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

      (c) “Police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city police officer.

      Sec. 48. NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, music therapist, driver of an ambulance, [advanced emergency medical technician] paramedic or other person providing medical services licensed or certified to practice in this State.

 


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ê2013 Statutes of Nevada, Page 967 (Chapter 226, SB 100)ê

 

professional counselor, alcohol or drug abuse counselor, music therapist, driver of an ambulance, [advanced emergency medical technician] paramedic or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      Sec. 49. NRS 639.268 is hereby amended to read as follows:

      639.268  1.  A practitioner may purchase supplies of controlled substances, poisons, dangerous drugs and devices from a pharmacy by:

      (a) Making an oral order to the pharmacy or transmitting an oral order through his or her agent, except an order for a controlled substance in schedule II; or

      (b) If the order is for a controlled substance, presenting to the pharmacy a written order signed by the practitioner which contains his or her registration number issued by the Drug Enforcement Administration.

      2.  A hospital pharmacy or a pharmacy designated for this purpose by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the State Health Officer or his or her designated medical director of emergency medical services, may sell to a person or agency described in subsection 3 supplies of controlled substances to stock the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:

 


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ê2013 Statutes of Nevada, Page 968 (Chapter 226, SB 100)ê

 

of either, by the State Health Officer or his or her designated medical director of emergency medical services, may sell to a person or agency described in subsection 3 supplies of controlled substances to stock the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:

      (a) The person or agency is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301;

      (b) The person in charge of the controlled substances is:

             (1) [An advanced emergency medical technician] A paramedic appropriately certified by the health authority;

             (2) A registered nurse licensed by the State Board of Nursing; or

            (3) A person who holds equivalent certification or licensure issued by another state; and

      (c) Except as otherwise provided in this paragraph, the purchase order is countersigned by a physician or initiated by an oral order and may be made by the person or agency or transmitted by an agent of such a person or agency. An order for a controlled substance listed in schedule II must be made pursuant to NRS 453.251.

      3.  A pharmacy, institutional pharmacy or other person licensed by the Board to furnish controlled substances and dangerous drugs may sell to:

      (a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210;

      (b) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210; and

      (c) An agency of the Federal Government that provides emergency care or transportation and is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301.

      4.  A pharmacy, institutional pharmacy or other person licensed by the Board to furnish dangerous drugs who sells supplies pursuant to this section shall maintain a record of each sale which must contain:

      (a) The date of sale;

      (b) The name, address and signature of the purchaser or the person receiving the delivery;

      (c) The name of the dispensing pharmacist;

      (d) The name and address of the authorizing practitioner; and

      (e) The name, strength and quantity of each drug sold.

      5.  A pharmacy, institutional pharmacy or other person licensed by the Board to furnish dangerous drugs who supplies the initial stock for an ambulance or other emergency vehicle shall comply with any applicable regulations adopted by the State Board of Health, or a district board of health, pursuant to NRS 450B.120.

      6.  The Board shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      Sec. 50. NRS 652.210 is hereby amended to read as follows:

      652.210  1.  Except as otherwise provided in subsection 2 and NRS 126.121, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a perfusionist, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a certified [intermediate] advanced emergency medical technician, a certified [advanced emergency medical technician,] paramedic, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens.

 


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ê2013 Statutes of Nevada, Page 969 (Chapter 226, SB 100)ê

 

respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens.

      2.  The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

      Sec. 51.  NRS 450B.070 is hereby repealed.

      Sec. 51.5.  Notwithstanding the provisions of NRS 450B.025, 450B.065, 450B.085, 450B.1905, 450B.191 and 450B.195, as amended by sections 5, 7, 9, 18, 19 and 21 of this act, any person who, on December 31, 2013, holds a certificate as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician is exempt from the training requirements for certification prescribed pursuant to the applicable provisions of NRS 450B.1905, 450B.191 or 450B.195, as amended by sections 18, 19 and 21 of this act, through December 31, 2015.

      Sec. 52.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any preliminary administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2014, for all other purposes.

________

CHAPTER 227, SB 141

Senate Bill No. 141–Senators Denis, Smith, Jones, Segerblom, Settelmeyer; Ford, Kihuen, Manendo and Roberson

 

CHAPTER 227

 

[Approved: May 28, 2013]

 

AN ACT relating to records of criminal history; requiring an agency of criminal justice to disseminate records of criminal history to court appointed special advocate programs in certain smaller counties under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires an agency of criminal justice, upon request, to disseminate records of criminal history to certain persons and governmental entities. (NRS 179A.100) This bill requires an agency of criminal justice to disseminate a record of criminal history to a court appointed special advocate program in a county whose population is less than 100,000, (currently counties other than Clark and Washoe Counties) as needed to ensure the safety of a child for whom a special advocate has been appointed.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

 


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ê2013 Statutes of Nevada, Page 970 (Chapter 227, SB 141)ê

 

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

 


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ê2013 Statutes of Nevada, Page 971 (Chapter 227, SB 141)ê

 

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

 


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ê2013 Statutes of Nevada, Page 972 (Chapter 227, SB 141)ê

 

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage Therapists and its Executive Director.

      (x) A court appointed special advocate program in a county whose population is less than 100,000, as needed to ensure the safety of a child for whom a special advocate has been appointed by a court.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 2.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, 2015.

________

CHAPTER 228, SB 152

Senate Bill No. 152–Senator Denis

 

CHAPTER 228

 

[Approved: May 28, 2013]

 

AN ACT relating to taxation; making various changes governing the administration of sales and use taxes and related taxes; providing that the right of a retailer to claim certain deductions or refunds is not affected by the assignment of a debt to certain affiliated entities, the writing off by such an entity of the debt as a bad debt and the eligibility of such an entity to deduct the bad debt under federal law; requiring the Department of Taxation to adopt certain regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Sales and Use Tax Act provides that a retailer who is unable to collect all or part of the sales price of a sale is entitled to receive a deduction from his or her taxable sales for that bad debt. (NRS 372.368) A corresponding provision is set forth in the Local School Support Tax Law. (NRS 374.373) Section 1 of this bill provides that the right of a retailer to claim a deduction or refund under the Sales and Use Tax Act is not affected by the assignment of a debt by the retailer to an entity which is part of an affiliated group that includes the retailer, the writing off by the entity of the debt as a bad debt and the eligibility of the entity to deduct the bad debt under federal law. Section 1 also defines what constitutes an affiliated group. Section 2 of this bill makes corresponding changes to the Local School Support Tax Law. Section 3 of this bill requires the Department of Taxation to adopt regulations necessary to carry out the provisions of this bill.

 


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ê2013 Statutes of Nevada, Page 973 (Chapter 228, SB 152)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 372.368 is hereby amended to read as follows:

      372.368  1.  If a retailer is unable to collect all or part of the sales price of a sale, the retailer is entitled to receive a deduction from his or her taxable sales for that bad debt.

      2.  Any deduction that is claimed pursuant to this section may not include interest.

      3.  The amount of any deduction claimed must equal the amount of a deduction that may be claimed pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166 , for that sale minus:

      (a) Any finance charge or interest charged as part of the sale;

      (b) Any sales or use tax charged on the sales price;

      (c) Any amount not paid on the sales price because the tangible personal property that was sold has remained in the possession of the retailer until the full sales price is paid;

      (d) Any expense incurred in attempting to collect the bad debt; and

      (e) The value of any property sold that has been repossessed by the retailer.

      4.  A bad debt may be claimed as a deduction on the return that covers the period during which the bad debt is written off in the business records of the retailer that are maintained in the ordinary course of the retailer’s business and is eligible to be claimed as a deduction pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166 , or [,] if the retailer is not required to file a federal income tax return, would be eligible to be claimed as a deduction pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166.

      5.  If a bad debt for which a deduction has been claimed is subsequently collected in whole or in part, the tax on the amount so collected must be reported on the return that covers the period in which the collection is made.

      6.  If the amount of the bad debt is greater than the amount of the taxable sales reported for the period during which the bad debt is claimed as a deduction, a claim for a refund may be filed pursuant to NRS 372.630 to 372.720, inclusive, except that the time within which the claim may be filed begins on the date on which the return that included the deduction was filed.

      7.  If the retailer has contracted with a certified service provider for the remittance of the tax due under this chapter, the service provider may, on behalf of the retailer, claim any deduction to which the retailer is entitled pursuant to this section. The service provider shall credit or refund the full amount of any deduction or refund received pursuant to this section to the retailer.

      8.  For the purposes of reporting a payment received on a bad debt for which a deduction has been claimed, the payment must first be applied to the sales price of the property sold and the tax due thereon, and then to any interest, service charge or other charge that was charged as part of the sale.

      9.  If the records of a retailer indicate that a bad debt may be allocated among other states that are members of the Streamlined Sales and Use Tax Agreement, the retailer may allocate the bad debt among those states.

 


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ê2013 Statutes of Nevada, Page 974 (Chapter 228, SB 152)ê

 

      10.  A retailer who assigns a debt to an entity which is part of an affiliated group that includes the retailer may claim any deduction or refund to which the retailer would otherwise be entitled pursuant to this section, notwithstanding:

      (a) The assignment of the debt to the entity;

      (b) That the debt is written off as a bad debt in the business records of the entity which are maintained in the ordinary course of the entity’s business; and

      (c) That the bad debt is or would be eligible to be claimed by the entity as a deduction pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166.

      11.  Except as otherwise provided in subsection [11,] 12, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the Department shall:

      (a) For the first return of any retailer which contains one or more violations, issue a letter of warning to the retailer which provides an explanation of the violation or violations contained in the return.

      (b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the deduction claimed or $1,000, whichever is less.

      (c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the deduction claimed or $3,000, whichever is less.

      [11.]12.  For the purposes of subsection [10,] 11, if the first violation of this section by any retailer was determined by the Department through an audit which covered more than one return of the retailer, the Department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection [10.

      12.]11.

      13.  As used in this section:

      (a) “Affiliated group” means:

             (1) An affiliated group as defined in section 1504(a) of the Internal Revenue Code, 26 U.S.C. § 1504(a); or

             (2) A controlled group of corporations as described in section 1563(a)(2) of the Internal Revenue Code, 26 U.S.C. § 1563(a)(2).

      (b) “Bad debt” means a debt that may be deducted pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166.

      [(b)](c) “Certified service provider” has the meaning ascribed to it in NRS 360B.060.

      Sec. 2. NRS 374.373 is hereby amended to read as follows:

      374.373  1.  If a retailer is unable to collect all or part of the sales price of a sale, the retailer is entitled to receive a deduction from his or her taxable sales for that bad debt.

      2.  Any deduction that is claimed pursuant to this section may not include interest.

      3.  The amount of any deduction claimed must equal the amount of a deduction that may be claimed pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166 , for that sale minus:

      (a) Any finance charge or interest charged as part of the sale;

      (b) Any sales or use tax charged on the sales price;

 


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ê2013 Statutes of Nevada, Page 975 (Chapter 228, SB 152)ê

 

      (c) Any amount not paid on the sales price because the tangible personal property that was sold has remained in the possession of the retailer until the full sales price is paid;

      (d) Any expense incurred in attempting to collect the bad debt; and

      (e) The value of any property sold that has been repossessed by the retailer.

      4.  A bad debt may be claimed as a deduction on the return that covers the period during which the bad debt is written off in the business records of the retailer that are maintained in the ordinary course of the retailer’s business and is eligible to be claimed as a deduction pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166 , or [,] if the retailer is not required to file a federal income tax return, would be eligible to be claimed as a deduction pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166.

      5.  If a bad debt for which a deduction has been claimed is subsequently collected in whole or in part, the tax on the amount so collected must be reported on the return that covers the period in which the collection is made.

      6.  If the amount of the bad debt is greater than the amount of the taxable sales reported for the period during which the bad debt is claimed as a deduction, a claim for a refund may be filed pursuant to NRS 374.635 to 374.720, inclusive, except that the time within which the claim may be filed begins on the date on which the return that included the deduction was filed.

      7.  If the retailer has contracted with a certified service provider for the remittance of the tax due under this chapter, the service provider may, on behalf of the retailer, claim any deduction to which the retailer is entitled pursuant to this section. The service provider shall credit or refund the full amount of any deduction or refund received pursuant to this section to the retailer.

      8.  For the purposes of reporting a payment received on a bad debt for which a deduction has been claimed, the payment must first be applied to the sales price of the property sold and the tax due thereon, and then to any interest, service charge or other charge that was charged as part of the sale.

      9.  If the records of a retailer indicate that a bad debt may be allocated among other states that are members of the Streamlined Sales and Use Tax Agreement, the retailer may allocate the bad debt among those states.

      10.  A retailer who assigns a debt to an entity which is part of an affiliated group that includes the retailer may claim any deduction or refund to which the retailer would otherwise be entitled pursuant to this section, notwithstanding:

      (a) The assignment of the debt to the entity;

      (b) That the debt is written off as a bad debt in the business records of the entity which are maintained in the ordinary course of the entity’s business; and

      (c) That the bad debt is or would be eligible to be claimed by the entity as a deduction pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166.

      11.  Except as otherwise provided in subsection [11,] 12, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the Department shall:

      (a) For the first return of any retailer which contains one or more violations, issue a letter of warning to the retailer which provides an explanation of the violation or violations contained in the return.

 


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ê2013 Statutes of Nevada, Page 976 (Chapter 228, SB 152)ê

 

      (b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the deduction claimed or $1,000, whichever is less.

      (c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the deduction claimed or $3,000, whichever is less.

      [11.]12.  For the purposes of subsection [10,] 11, if the first violation of this section by any retailer was determined by the Department through an audit which covered more than one return of the retailer, the Department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection [10.

      12.]11.

      13.  As used in this section:

      (a) “Affiliated group” means:

             (1) An affiliated group as defined in section 1504(a) of the Internal Revenue Code, 26 U.S.C. § 1504(a); or

             (2) A controlled group of corporations as described in section 1563(a)(2) of the Internal Revenue Code, 26 U.S.C. § 1563(a)(2).

      (b) “Bad debt” means a debt that may be deducted pursuant to section 166 of the Internal Revenue Code, 26 U.S.C. § 166.

      [(b)](c) “Certified service provider” has the meaning ascribed to it in NRS 360B.060.

      Sec. 3.  The Department of Taxation shall, as soon as practicable on or after the date of passage and approval of this act, adopt such regulations as are necessary to carry out the provisions of this act.

      Sec. 4. (Deleted by amendment.)

      Sec. 5.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2013, for all other purposes.

________

CHAPTER 229, SB 169

Senate Bill No. 169–Senators Segerblom and Kihuen

 

Joint Sponsors: Assemblymen Ohrenschall, Flores; Benitez-Thompson, Frierson and Neal

 

CHAPTER 229

 

[Approved: May 28, 2013]

 

AN ACT relating to crimes; revising criminal penalties for crimes that are gross misdemeanors; revising provisions governing the sealing of records of convictions pertaining to gross misdemeanors; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 977 (Chapter 229, SB 169)ê

 

Legislative Counsel’s Digest:

      Existing law generally provides that a person convicted of a gross misdemeanor may be punished, in lieu of or in addition to a fine, by imprisonment in the county jail for not more than 1 year. (NRS 193.140) Existing law further provides that a person convicted of certain other offenses may also be punished, in lieu of or in addition to a fine, by imprisonment in the county jail for not more than 1 year. (NRS 200.5099, 372.760, 374.765, 383.180, 453.411, 459.280, 459.595, 618.685, 638.170, 641A.440)

      This bill provides that a person convicted of a gross misdemeanor may, in lieu of or in addition to any fine, only be punished by imprisonment in the county jail for a maximum of 364 days. Sections 4, 8-10, 16-18, 23, 27 and 28 of this bill also clarify that certain crimes which are punishable by imprisonment in the county jail for a maximum of 364 days constitute gross misdemeanors.

      Existing law provides that a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of a gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later. (NRS 179.245) Section 5 of this bill reduces the period to 5 years after the date of release from actual custody or discharge from probation, whichever occurs later.

      Section 30 of this bill provides that the amendatory provisions of this bill apply to a person who is sentenced on or after October 1, 2013, for a crime committed before, on or after October 1, 2013.

      Section 31 of this bill authorizes a person who was convicted of a gross misdemeanor before October 1, 2013, and sentenced to a term of imprisonment in the county jail for 1 year to file a petition with the court of original jurisdiction requesting that the court, for good cause shown, order that his or her original sentence be modified to a sentence imposing a term of imprisonment for 364 days.

 

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 193.140 is hereby amended to read as follows:

      193.140  Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.

      Sec. 2. NRS 193.1605 is hereby amended to read as follows:

      193.1605  1.  Any person who commits a gross misdemeanor on the property of a public or private school, at an activity sponsored by a public or private school, or on a school bus or at a bus stop used to load and unload a school bus while the bus is engaged in its official duties:

      (a) Shall be punished by imprisonment in the county jail for not fewer than 15 days but not more than [1 year;] 364 days; and

      (b) In addition to imprisonment, may be punished by a fine of not more than $2,000.

      2.  For the purposes of this section, “school bus” has the meaning ascribed to it in NRS 483.160.

      Sec. 3. NRS 193.330 is hereby amended to read as follows:

      193.330  1.  An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime. A person who attempts to commit a crime, unless a different penalty is prescribed by statute, shall be punished as follows:

 


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      (a) If the person is convicted of:

             (1) Attempt to commit a category A felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

             (2) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is greater than 10 years, for a category B 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 10 years.

             (3) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.

             (4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.

             (5) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.

             (6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.

      (b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment for not more than one-half the longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment.

      2.  Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.

      Sec. 4. NRS 200.5099 is hereby amended to read as follows:

      200.5099  1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

      (a) For the first offense, of a gross misdemeanor; or

      (b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who:

      (a) Neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering;

      (b) Permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering; or

 


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      (c) Permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect,

Ê is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished, if the value of any money, assets and property obtained or used:

      (a) Is less than $650, for a gross misdemeanor by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;

      (b) Is at least $650, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

      (c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

      4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.

      5.  Any person who isolates an older person or a vulnerable person is guilty:

      (a) For the first offense, of a gross misdemeanor; or

      (b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

      6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.

 


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      9.  As used in this section:

      (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

      (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

      (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

      Sec. 5. NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after [7] 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) The local law enforcement agency of the city or county in which the conviction was entered;

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

 


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      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

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

             (9) Incest pursuant to NRS 201.180.

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

             (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

 


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             (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (13) Lewdness with a child pursuant to NRS 201.230.

             (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

             (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

      Sec. 6. NRS 332.810 is hereby amended to read as follows:

      332.810  1.  Before a contract is awarded, a person who has bid on the contract or an officer, employee, representative, agent or consultant of such a person shall not:

      (a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, an evaluator or member of the governing body offering the contract;

      (b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to an evaluator or member of the governing body offering the contract; or

      (c) Solicit or obtain from an officer, employee or member of the governing body offering the contract:

             (1) Any proprietary information regarding the contract; or

             (2) Any information regarding a bid on the contract submitted by another person, unless such information is available to the general public.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.

      Sec. 7. NRS 333.800 is hereby amended to read as follows:

      333.800  1.  Before a contract is awarded, a person who has provided a bid or proposal on the contract or an officer, employee, representative, agent or consultant of such a person shall not:

      (a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, the Administrator, a purchasing officer or an employee of the using agency for which the contract is being offered;

      (b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to the Administrator, a purchasing officer or an employee of the using agency for which the contract is being offered; or

      (c) Solicit or obtain from the Administrator, a purchasing officer or an employee of the using agency for which the contract is being offered:

             (1) Any proprietary information regarding the contract; or

             (2) Any information regarding a bid or proposal on the contract submitted by another person, unless such information is available to the general public.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.

 


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      Sec. 8. NRS 372.760 is hereby amended to read as follows:

      372.760  Any person required to make, render, sign or verify any report who makes any false or fraudulent return, with intent to defeat or evade the determination of an amount due required by law to be made, is guilty of a gross misdemeanor and shall for each offense be fined not less than $300 nor more than $5,000, or be imprisoned for not more than [1 year] 364 days in the county jail, or be punished by both fine and imprisonment.

      Sec. 9. NRS 374.765 is hereby amended to read as follows:

      374.765  Any person required to make, render, sign or verify any report who makes any false or fraudulent return, with intent to defeat or evade the determination of an amount due required by law to be made, is guilty of a gross misdemeanor and shall for each offense be fined not less than $300 nor more than $5,000, or be imprisoned for not [exceeding 1 year] more than 364 days in the county jail, or be subject to both fine and imprisonment.

      Sec. 10. NRS 383.180 is hereby amended to read as follows:

      383.180  1.  Except as otherwise provided in NRS 383.170, a person who willfully removes, mutilates, defaces, injures or destroys the cairn or grave of a native Indian is guilty of a gross misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more than $3,000 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than [1 year.] 364 days.

      2.  A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than [1 year.] 364 days.

      3.  A person who:

      (a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;

      (b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or

      (c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  This section does not apply to:

      (a) The possession or sale of an artifact:

             (1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or

             (2) Removed from the cairn or grave of a native Indian by other than human action; or

      (b) Action taken by a peace officer in the performance of his or her duties.

      Sec. 11. NRS 383.435 is hereby amended to read as follows:

      383.435  1.  Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:

 


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      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of $500.

      (b) For a second or subsequent offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year] 364 days or by a fine of not more than $3,000, or by both fine and imprisonment.

      2.  This section does not apply to any action taken:

      (a) In accordance with an agreement with the Office entered into pursuant to NRS 383.430; or

      (b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to those sections.

      3.  In addition to any other penalty, a person who violates a provision of this section is liable for civil damages to the state agency or political subdivision which has jurisdiction over the state land in an amount equal to the cost or, in the discretion of the court, an amount equal to twice the cost of the restoration, stabilization and interpretation of the site plus any court costs and fees.

      Sec. 12. NRS 398.496 is hereby amended to read as follows:

      398.496  1.  An athlete’s agent shall not, with the intent to induce a student athlete to enter into any contract:

      (a) Give any materially false or misleading information or make a materially false promise or representation;

      (b) Furnish anything of value to the student athlete before the student athlete enters into the contract; or

      (c) Furnish anything of value to a natural person other than the student athlete or another registered athlete’s agent.

      2.  An athlete’s agent shall not intentionally:

      (a) Initiate communication, direct or indirect, with a student athlete to recruit or solicit the student athlete to enter into a contract of agency, unless the agent is registered pursuant to NRS 398.400 to 398.620, inclusive;

      (b) Refuse or fail to retain or permit inspection of records required to be retained pursuant to NRS 398.480;

      (c) Fail to register when required pursuant to NRS 398.448;

      (d) Include materially false or misleading information in an application for registration or renewal of registration;

      (e) Predate or postdate a contract of agency; or

      (f) Fail to notify a student athlete, before the student athlete signs or otherwise authenticates a contract of agency for a particular sport, that the signing or authentication will make the student athlete ineligible to participate as a student athlete in that sport.

      3.  A person who willfully violates:

      (a) A provision of NRS 398.400 to 398.620, inclusive;

      (b) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

      (c) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive,

Ê is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $25,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      4.  A person who violates:

 


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      (a) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

      (b) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive,

Ê without knowledge of the regulation or order, is guilty of a misdemeanor and shall be punished by a fine of not more than $25,000.

      5.  The provisions of NRS 398.400 to 398.620, inclusive, do not limit the power of the State of Nevada to punish a person for conduct which constitutes a crime pursuant to any other law.

      Sec. 13. NRS 444.630 is hereby amended to read as follows:

      444.630  1.  A person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property, is guilty of:

      (a) For a first offense within the immediately preceding 2 years, a misdemeanor.

      (b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 14 days but not more than [1 year.] 364 days.

      (c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for [1 year.] 364 days.

      2.  In addition to any criminal penalty imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed pursuant to NRS 444.629, a court shall sentence a person convicted of violating subsection 1:

      (a) If the person is a natural person, to clean up the dump site and perform 10 hours of community service under the conditions prescribed in NRS 176.087.

      (b) If the person is a business entity:

             (1) For a first or second offense within the immediately preceding 2 years, to:

                   (I) Clean up the dump site; and

                   (II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.

             (2) For a third or subsequent offense within the immediately preceding 2 years, to:

                   (I) Clean up the dump site; and

                   (II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.

      3.  If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:

      (a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and

      (b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.

 


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Ê The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).

      4.  In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:

      (a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this State; and

      (b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.

      5.  Except as otherwise provided in NRS 444.585, ownership of solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any solid waste which is disposed of in violation of subsection 1 creates a reasonable inference that the owner is the person who disposed of the solid waste. The fact that the disposal of the solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

      6.  All:

      (a) Health officers and their deputies;

      (b) Game wardens;

      (c) Police officers of cities and towns;

      (d) Sheriffs and their deputies;

      (e) Other peace officers of the State of Nevada; and

      (f) Other persons who are specifically designated by the local government to do so,

Ê shall, within their respective jurisdictions, enforce the provisions of this section.

      7.  A district health officer or a deputy of the district health officer or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within the jurisdiction of the district health officer.

      8.  To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

      (a) Agency of the State or its political subdivisions.

      (b) Employer, public or private.

      (c) Employee organization or trust of any kind.

      (d) Financial institution or other entity which is in the business of providing credit reports.

      (e) Public utility.

Ê Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

      Sec. 14. NRS 445A.705 is hereby amended to read as follows:

      445A.705  1.  Except as otherwise provided in NRS 445A.710 or unless a greater penalty is prescribed by NRS 459.600, a person who intentionally or with criminal negligence violates NRS 445A.465 or 445A.575, any limitation established pursuant to NRS 445A.525 and 445A.530, the terms or conditions of a permit issued pursuant to NRS 445A.495 to 445A.515, inclusive, or any final order issued under NRS 445A.690, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each day of the violation or by imprisonment in the county jail for not more than [1 year,] 364 days, or by both fine and imprisonment.

 


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NRS 445A.495 to 445A.515, inclusive, or any final order issued under NRS 445A.690, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each day of the violation or by imprisonment in the county jail for not more than [1 year,] 364 days, or by both fine and imprisonment.

      2.  If the conviction is for a second violation of the provisions indicated in subsection 1, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.

      Sec. 15. NRS 445A.710 is hereby amended to read as follows:

      445A.710  1.  Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than [1 year,] 364 days, or by both fine and imprisonment.

      2.  The penalty imposed by subsection 1 is in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.

      Sec. 16. NRS 453.411 is hereby amended to read as follows:

      453.411  1.  It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription.

      2.  It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the Health Division of the Department, or a hospital certified by the Department.

      3.  Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished:

      (a) If the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) If the controlled substance is listed in schedule V, for a gross misdemeanor by imprisonment in the county jail for not more than [1 year,] 364 days, and may be further punished by a fine of not more than $1,000.

      Sec. 17. NRS 459.280 is hereby amended to read as follows:

      459.280  1.  A person who is employed at an area used for the disposal of radioactive waste and removes from the disposal area any of that waste, or without prior written authorization from the State Health Officer removes from the disposal area for his or her own personal use any machinery or equipment belonging to the operator of the area and used within the area where the waste is buried, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $10,000, or by both fine and imprisonment.

 


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ê2013 Statutes of Nevada, Page 988 (Chapter 229, SB 169)ê

 

      2.  If a person who violates this section is employed by the operator of the disposal area, the operator may be assessed an administrative penalty of not more than $10,000, in addition to any other penalty provided by law.

      Sec. 18. NRS 459.595 is hereby amended to read as follows:

      459.595  Any person who:

      1.  Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by any provision of NRS 459.400 to 459.560, inclusive, NRS 459.590 or by any regulation adopted or permit or order issued pursuant to those sections; or

      2.  Falsifies, tampers with or knowingly renders inaccurate any device or method for continuing observation required by a provision of NRS 459.400 to 459.560, inclusive, or by any regulation adopted or permit or order issued pursuant to those sections,

Ê is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $25,000, or by both fine and imprisonment. Each day the false document remains uncorrected or a device or method described in subsection 2 remains inaccurate constitutes a separate violation of this section for purposes of determining the maximum fine.

      Sec. 19. NRS 482.551 is hereby amended to read as follows:

      482.551  1.  Except as otherwise provided in subsection 3, a person who knowingly:

      (a) Buys with the intent to resell;

      (b) Disposes of;

      (c) Sells; or

      (d) Transfers,

Ê a motor vehicle or part from a motor vehicle that has an identification number or mark that has been falsely attached, removed, defaced, altered or obliterated to misrepresent the identity or to prevent the identification of the motor vehicle or part from a motor vehicle is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $60,000, or by both fine and imprisonment.

      2.  Except as otherwise provided in subsection 3 and NRS 482.5505, or if a greater penalty is otherwise provided by law, a person who takes possession of a motor vehicle or part from a motor vehicle knowing that an identification number or mark has been falsely attached, removed, defaced, altered or obliterated is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $10,000, or by both fine and imprisonment.

      3.  The provisions of this section do not apply to an owner of or person authorized to possess a motor vehicle or part of a motor vehicle:

      (a) If the motor vehicle or part of the motor vehicle was recovered by a law enforcement agency after having been stolen;

      (b) If the condition of the identification number or mark of the motor vehicle or part of the motor vehicle is known to, or has been reported to, a law enforcement agency; or

      (c) If the motor vehicle or part from the motor vehicle has an identification number attached to it which has been assigned or approved by the Department in lieu of the original identification number or mark.

 


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ê2013 Statutes of Nevada, Page 989 (Chapter 229, SB 169)ê

 

      Sec. 20. NRS 554.090 is hereby amended to read as follows:

      554.090  Any corporation, common carrier, agent or employee of any corporation, or any other person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $5,000, or by both fine and imprisonment. The prosecuting attorney and the State Department of Agriculture may recover the costs of the proceeding, including investigative costs, against a person convicted of a gross misdemeanor pursuant to this section.

      Sec. 21. NRS 581.445 is hereby amended to read as follows:

      581.445  1.  Except as otherwise provided in subsection 2, a person who violates any provision of NRS 581.415 is guilty of a gross misdemeanor and shall be punished:

      (a) For the first offense, by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $500 or more than $2,000, or by both fine and imprisonment.

      (b) For a second or subsequent offense, by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not less than $2,000 or more than $5,000, or by both fine and imprisonment.

      2.  A person who:

      (a) Intentionally violates any provision of this chapter or any regulation adopted pursuant thereto;

      (b) Is convicted pursuant to subsection 1 more than three times in a 2-year period; or

      (c) Uses or has in his or her possession any device which has been altered to facilitate fraud,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 22. NRS 582.320 is hereby amended to read as follows:

      582.320  1.  Except as otherwise provided in subsection 2, a person who by himself or herself, by a servant or agent, or as the servant or agent of another person, violates any provision of this chapter is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 6 months or more than [1 year,] 364 days, or by a fine of not less than $1,000 or more than $5,000, or by both fine and imprisonment.

      2.  A person who by himself or herself, by a servant or agent, or as the servant or agent of another person:

      (a) Intentionally violates any provision of this chapter or any regulation adopted pursuant thereto; or

      (b) Is convicted pursuant to subsection 1 more than three times in a 2-year period,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 23. NRS 618.685 is hereby amended to read as follows:

      618.685  Any employer who willfully violates any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, where the violation causes the death of any employee, shall be punished:

      1.  For a first offense, for a misdemeanor by a fine of not more than $50,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

 


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ê2013 Statutes of Nevada, Page 990 (Chapter 229, SB 169)ê

 

      2.  For a second or subsequent offense, for a gross misdemeanor by a fine of not more than $100,000 or by imprisonment in the county jail for not more than [1 year,] 364 days, or by both fine and imprisonment.

      Sec. 24. NRS 623.360 is hereby amended to read as follows:

      623.360  1.  It is unlawful for any person to:

      (a) Hold himself or herself out to the public or to solicit business as an architect, registered interior designer or residential designer in this State without having a certificate of registration or temporary certificate issued by the Board. This paragraph does not prohibit a person who is exempt, pursuant to NRS 623.330, from the provisions of this chapter from holding himself or herself out to the public or soliciting business as an interior designer.

      (b) Advertise or put out any sign, card or other device which indicates to the public that he or she is an architect, registered interior designer or residential designer or that he or she is otherwise qualified to:

             (1) Engage in the practice of architecture or residential design; or

             (2) Practice as a registered interior designer,

Ê without having a certificate of registration issued by the Board.

      (c) Engage in the practice of architecture or residential design or practice as a registered interior designer without a certificate of registration issued by the Board.

      (d) Violate any other provision of this chapter.

      2.  Any person who violates any of the provisions of subsection 1:

      (a) For the first violation, is guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second or any subsequent violation, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $2,000, and may be further punished by imprisonment in the county jail for not more than [1 year.] 364 days.

      3.  If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining such conduct. Proceedings pursuant to this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

      Sec. 25. NRS 624.750 is hereby amended to read as follows:

      624.750  1.  It is unlawful for a person to commit any act or omission described in subsection 1 of NRS 624.3012, subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.

      2.  Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 1, NRS 624.305, subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than [1 year.] 364 days.

 


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ê2013 Statutes of Nevada, Page 991 (Chapter 229, SB 169)ê

 

      (c) For the third or subsequent offense, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      3.  It is unlawful for a person to receive money for the purpose of obtaining or paying for services, labor, materials or equipment if the person:

      (a) Willfully fails to use that money for that purpose by failing to complete the improvements for which the person received the money or by failing to pay for any services, labor, materials or equipment provided for that construction; and

      (b) Wrongfully diverts that money to a use other than that for which it was received.

      4.  Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 3:

      (a) If the amount of money wrongfully diverted is $1,000 or less, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than [1 year.] 364 days.

      (b) If the amount of money wrongfully diverted is more than $1,000, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      5.  Imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

      Sec. 26. NRS 624.965 is hereby amended to read as follows:

      624.965  1.  A violation of any provision of NRS 624.900 to 624.965, inclusive, or any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300.

      2.  It is unlawful for a person to violate any provision of NRS 624.900 to 624.965, inclusive.

      3.  Any person who violates any provision of NRS 624.900 to 624.965, inclusive:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than [1 year.] 364 days.

      (c) For the third or subsequent offense, is guilty of a [class] category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      4.  The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

 


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ê2013 Statutes of Nevada, Page 992 (Chapter 229, SB 169)ê

 

      Sec. 27. NRS 638.170 is hereby amended to read as follows:

      638.170  1.  Except as otherwise provided in subsections 2 and 3 of this section and NRS 638.1525, a person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      2.  A person who practices veterinary medicine without a license issued pursuant to the provisions of this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  A person who practices as a veterinary technician without a license issued pursuant to the provisions of this chapter is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.

      Sec. 28. NRS 641A.440 is hereby amended to read as follows:

      641A.440  Any person who violates any of the provisions of this chapter or, having had his or her license suspended or revoked, continues to represent himself or herself as a marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year] 364 days or by a fine of not more than $5,000, or by both fine and imprisonment. Each violation is a separate offense.

      Sec. 29. NRS 645F.430 is hereby amended to read as follows:

      645F.430  A foreclosure purchaser who engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of NRS 645F.300 to 645F.450, inclusive, including, without limitation, a foreclosure reconveyance, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than [1 year,] 364 days, or by a fine of not more than $50,000, or by both fine and imprisonment.

      Sec. 30.  The amendatory provisions of this act apply to a person who is sentenced on or after October 1, 2013, for a crime committed before, on or after October 1, 2013.

      Sec. 31.  1.  A person who was convicted of a gross misdemeanor and sentenced before October 1, 2013, to serve a term of imprisonment in the county jail for 1 year may file a petition with the court of original jurisdiction requesting that the court, for good cause shown, order that his or her original sentence be modified to a sentence imposing a term of imprisonment for 364 days.

      2.  No person has a right to modification of a sentence pursuant to this section, and the granting or denial of a petition pursuant to this section does not establish a basis for any cause of action against this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.

________

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 993ê

 

CHAPTER 230, SB 199

Senate Bill No. 199–Committee on Judiciary

 

CHAPTER 230

 

[Approved: May 28, 2013]

 

AN ACT relating to crimes; making it a felony to perform certain health care procedures or surgical procedures without a license; revising the provision defining when a person is deemed to be practicing dentistry; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires various medical professionals to be licensed to practice in this State (Chapters 630-637, 639 and 640 of NRS) Sections 5 and 6 of this bill make it a felony to perform certain health care procedures or surgical procedures without a license and set forth specific penalties for engaging in such unlawful conduct.

      Sections 7-9 and 10-18 of this bill amend various provisions of existing law which impose penalties for the practice of certain medical professions without a license to specify that if the provisions of section 5 or 6 provide a greater penalty for engaging in the unlawful conduct, the greater penalty must apply. Section 9.5 of this bill revises the provision defining when a person is deemed to be practicing dentistry.

 

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

      Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Health care procedure” means any medical procedure, other than a surgical procedure, that requires a license to perform pursuant to chapters 630 to 637, inclusive, 639 or 640 of NRS.

      Sec. 4. “Surgical procedure” means any invasive medical procedure where a break in the skin is created and there is contact with the mucosa or any minimally invasive medical procedure where a break in the skin is created or which involves manipulation of the internal body cavity beyond a natural or artificial body orifice which requires a license to perform pursuant to chapters 630 to 637, inclusive, 639 or 640 of NRS.

      Sec. 5. A person who performs a health care procedure on another person without a license which results in:

      1.  Substantial bodily harm other than death to the person who received the procedure:

      (a) For a first offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (b) For any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000.

 


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ê2013 Statutes of Nevada, Page 994 (Chapter 230, SB 199)ê

 

      2.  The death of the person who received the procedure, unless a greater penalty is provided by statute, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000. A sentence imposed pursuant to this subsection may not be suspended nor may probation be granted.

      Sec. 6. A person who performs a surgical procedure on another person without a license which results in:

      1.  No substantial bodily harm to the person who received the procedure:

      (a) For a first offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (b) For a second or subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000.

      2.  Substantial bodily harm other than death to the person who received the procedure is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000.

      3.  The death of the person who received the procedure, unless a greater penalty is provided by statute, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000. A sentence imposed pursuant to this subsection may not be suspended nor may probation be granted.

      Sec. 7. NRS 630.400 is hereby amended to read as follows:

      630.400  A person who:

      1.  Presents to the Board as his or her own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board;

      3.  Practices medicine, perfusion or respiratory care under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by a specific statute, practices medicine, perfusion or respiratory care without being licensed under this chapter;

      5.  Holds himself or herself out as a perfusionist or uses any other term indicating or implying that he or she is a perfusionist without being licensed by the Board;

      6.  Holds himself or herself out as a physician assistant or uses any other term indicating or implying that he or she is a physician assistant without being licensed by the Board; or

      7.  Holds himself or herself out as a practitioner of respiratory care or uses any other term indicating or implying that he or she is a practitioner of respiratory care without being licensed by the Board,

 


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ê2013 Statutes of Nevada, Page 995 (Chapter 230, SB 199)ê

 

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130 [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      Sec. 8. NRS 630A.590 is hereby amended to read as follows:

      630A.590  A person who:

      1.  Presents to the Board as his or her own the diploma, license, certificate or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board;

      3.  Practices homeopathic medicine under a false or assumed name; or

      4.  Except as otherwise provided in NRS 629.091, or unless a greater penalty is provided pursuant to section 5 or 6 of this act, practices homeopathic medicine without being licensed or certified under this chapter,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 9.  NRS 630A.600 is hereby amended to read as follows:

      630A.600  Except as otherwise provided in NRS 629.091, a person who practices homeopathic medicine without a license or certificate issued pursuant to this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130 [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      Sec. 9.5. NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his or her name which in any way represents the person as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that the person can or will attempt to perform dental operations of any kind;

      (c) [Diagnoses,] Evaluates or diagnoses, professes to evaluate or diagnose or treats or professes to treat , surgically or nonsurgically, any of the diseases , disorders, conditions or lesions of the oral cavity, [teeth, gingiva or the supporting structures thereof;] maxillofacial area or the adjacent and associated structures and their impact on the human body.

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (l) Determines:

             (1) Whether a particular treatment is necessary or advisable; or

             (2) Which particular treatment is necessary or advisable; or

 


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ê2013 Statutes of Nevada, Page 996 (Chapter 230, SB 199)ê

 

      (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is:

             (1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

             (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or qualified technician from making radiograms or X-ray exposures or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      (f) Prohibits the following entities from owning or operating a dental office or clinic if the entity complies with the provisions of NRS 631.3452:

             (1) A nonprofit corporation organized pursuant to the provisions of chapter 82 of NRS to provide dental services to rural areas and medically underserved populations of migrant or homeless persons or persons in rural communities pursuant to the provisions of 42 U.S.C. § 254b or 254c.

             (2) A federally-qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) operating in compliance with other applicable state and federal law.

             (3) A nonprofit charitable corporation as described in section 501(c)(3) of the Internal Revenue Code and determined by the Board to be providing dental services by volunteer licensed dentists at no charge or at a substantially reduced charge to populations with limited access to dental care.

      (g) Prevents a person who is actively licensed as a dentist in another jurisdiction from treating a patient if:

             (1) The patient has previously been treated by the dentist in the jurisdiction in which the dentist is licensed;

             (2) The dentist treats the patient only during a course of continuing education involving live patients which:

                   (I) Is conducted at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry; and

                   (II) Meets all applicable requirements for approval as a course of continuing education; and

             (3) The dentist treats the patient only under the supervision of a person licensed pursuant to NRS 631.2715.

 


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ê2013 Statutes of Nevada, Page 997 (Chapter 230, SB 199)ê

 

      (h) Prohibits a person from providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by a licensed dentist or any entity not prohibited from owning or operating a dental practice, office or clinic if the person does not:

             (1) Provide such goods or services in exchange for payments based on a percentage or share of revenues or profits of the dental practice, office or clinic; or

             (2) Exercise any authority or control over the clinical practice of dentistry.

      3.  The Board shall adopt regulations identifying activities that constitute the exercise of authority or control over the clinical practice of dentistry, including, without limitation, activities which:

      (a) Exert authority or control over the clinical judgment of a licensed dentist; or

      (b) Relieve a licensed dentist of responsibility for the clinical aspects of the dental practice.

Ê Such regulations must not prohibit or regulate aspects of the business relationship, other than the clinical practice of dentistry, between a licensed dentist or professional entity organized pursuant to the provisions of chapter 89 of NRS and the person or entity providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by the licensed dentist or professional entity.

      Sec. 10. NRS 631.400 is hereby amended to read as follows:

      631.400  1.  A person who engages in the illegal practice of dentistry in this State is guilty of a category D felony and shall be punished as provided in NRS 193.130 [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      2.  [A] Unless a greater penalty is provided pursuant to section 5 or 6 of this act, a person who practices or offers to practice dental hygiene in this State without a license, or who, having a license, practices dental hygiene in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  Unless a greater penalty is provided by specific statute, a person who is licensed to practice dentistry who practices dentistry in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  The Board may assign a person described in subsection 1, 2 or 3 specific duties as a condition of renewing a license.

      5.  If a person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

 


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ê2013 Statutes of Nevada, Page 998 (Chapter 230, SB 199)ê

 

      Sec. 11. NRS 632.315 is hereby amended to read as follows:

      632.315  1.  For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this State, any person who practices or offers to practice nursing in this State shall submit evidence that he or she is qualified to practice and must be licensed as provided in this chapter.

      2.  Any person who:

      (a) Practices or offers to practice nursing in this State or uses any title, abbreviation, sign, card or device to indicate that he or she is practicing nursing in this State unless that person has been licensed pursuant to the provisions of this chapter; or

      (b) Does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter who practices or offers to practice in this State as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that the person possesses qualifications and skill in the field of nursing,

Ê is guilty of a misdemeanor [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      3.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.

      4.  The Executive Director of the Board shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.

      Sec. 12. NRS 633.741 is hereby amended to read as follows:

      633.741  A person who:

      1.  Except as otherwise provided in NRS 629.091, practices:

      (a) Osteopathic medicine without a valid license to practice osteopathic medicine under this chapter;

      (b) As a physician assistant without a valid license under this chapter; or

      (c) Beyond the limitations ordered upon his or her practice by the Board or the court;

      2.  Presents as his or her own the diploma, license or credentials of another;

      3.  Gives either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license;

      4.  Files for record the license issued to another, falsely claiming himself or herself to be the person named in the license, or falsely claiming himself or herself to be the person entitled to the license;

      5.  Practices osteopathic medicine or practices as a physician assistant under a false or assumed name or falsely personates another licensee of a like or different name;

      6.  Holds himself or herself out as a physician assistant or who uses any other term indicating or implying that he or she is a physician assistant, unless the person has been licensed by the Board as provided in this chapter; or

      7.  Supervises a person as a physician assistant before such person is licensed as provided in this chapter,

 


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ê2013 Statutes of Nevada, Page 999 (Chapter 230, SB 199)ê

 

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130 [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      Sec. 13. NRS 634.227 is hereby amended to read as follows:

      634.227  1.  A person who:

      (a) Presents to the Board as his or her own the diploma, license or credentials of another;

      (b) Gives false or forged evidence of any kind to the Board; or

      (c) Practices chiropractic under a false or assumed name or falsely personates another licensee,

Ê is guilty of a misdemeanor.

      2.  Except as otherwise provided in NRS 634.105 and 634.1375, a person who does not hold a license issued pursuant to this chapter and:

      (a) Practices chiropractic in this State;

      (b) Holds himself or herself out as a chiropractor;

      (c) Uses any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation; or

      (d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130 [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      Sec. 14. NRS 634A.230 is hereby amended to read as follows:

      634A.230  Any person who represents himself or herself as a practitioner of Oriental medicine, or any branch thereof, or who engages in the practice of Oriental medicine, or any branch thereof, in this State without holding a valid license issued by the Board is guilty of a gross misdemeanor [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      Sec. 15. NRS 635.167 is hereby amended to read as follows:

      635.167  Any person who:

      1.  Presents to the Board as his or her own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board;

      3.  Practices podiatry under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by specific statute, practices podiatry without being licensed under this chapter; or

      5.  Uses the title “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.” when not licensed by the Board pursuant to this chapter, unless otherwise authorized by a specific statute,

Ê is guilty of a gross misdemeanor [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

      Sec. 16. NRS 636.410 is hereby amended to read as follows:

      636.410  A violation of this chapter shall constitute a gross misdemeanor and shall be punishable as such [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

 


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ê2013 Statutes of Nevada, Page 1000 (Chapter 230, SB 199)ê

 

      Sec. 17. NRS 637.200 is hereby amended to read as follows:

      637.200  The following acts constitute misdemeanors [:] , unless a greater penalty is provided pursuant to section 5 or 6 of this act:

      1.  The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.

      2.  Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.

      3.  Furnishing or advertising the furnishing of the services of a refractionist, optometrist, physician or surgeon.

      4.  Changing the prescription of a lens without an order from a person licensed to issue such a prescription.

      5.  Filling a prescription for a contact lens in violation of the expiration date or number of refills specified by the prescription.

      6.  Violating any provision of this chapter.

      Sec. 18. NRS 639.285 is hereby amended to read as follows:

      639.285  Any person not licensed by the Board, who sells, displays or offers for sale any drug, device or poison, the sale of which is restricted to prescription only or by a registered pharmacist or under his or her direct and immediate supervision, is guilty of a misdemeanor [.] , unless a greater penalty is provided pursuant to section 5 or 6 of this act.

________

CHAPTER 231, SB 213

Senate Bill No. 213–Senators Parks, Manendo, Spearman, Segerblom; and Woodhouse (by request)

 

Joint Sponsors: Assemblymen Carlton, Ohrenschall; Martin, Munford and Pierce

 

CHAPTER 231

 

[Approved: May 28, 2013]

 

AN ACT relating to trapping; requiring the registration of each trap, snare or similar device used in the taking of wild mammals; providing that any information in the possession of the Department of Wildlife concerning the registration of a trap, snare or similar device is confidential; requiring the Board of Wildlife Commissioners to adopt regulations prescribing the frequency of required visits for a trap, snare or similar device; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that any person who intentionally steals, takes and carries away personal goods or property of another person with a value of less than $650 or who knowingly buys, receives, possesses or withholds such property is guilty of a misdemeanor. (NRS 205.240, 205.275) Section 1.6 of this bill provides that a person who intentionally steals, takes and carries away traps, snares or similar devices with an aggregate value of less than $650 or who knowingly buys, receives, possesses or withholds stolen traps, snares or similar devices with an aggregate value of less than $650 is guilty of a gross misdemeanor.

 


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ê2013 Statutes of Nevada, Page 1001 (Chapter 231, SB 213)ê

 

      Existing law requires a person who takes fur-bearing mammals by any legal method or unprotected mammals by trapping to obtain a trapping license. (NRS 503.454) Existing law also provides that each trap, snare or similar device used in the taking of wild mammals may bear a number registered with the Department of Wildlife or may be permanently marked with the name and address of the owner or trapper using it. If a trap is registered, the registration is permanent and the registrant must pay a one-time fee of $10 at the time the first trap, snare or similar device is registered. (NRS 503.452) Section 3 of this bill amends those provisions by: (1) requiring each trap, snare or similar device used in the taking of wild mammals to be registered with the Department; and (2) requiring each registered trap, snare or similar device to bear a number which is assigned by the Department and is affixed to the trap, snare or similar device in the manner specified by regulations adopted by the Board of Wildlife Commissioners.

      Under existing law, every person who takes fur-bearing mammals by any legal method is required to obtain a trapping license. Existing law also makes it unlawful to move or disturb a lawfully-set trap. (NRS 503.454) Section 4 of this bill: (1) requires every person who takes fur-bearing mammals by trap, snare or similar device to obtain a trapping license; and (2) clarifies that the prohibition against moving or disturbing a lawfully-set trap also includes any lawfully-set snare or similar device.

      Existing law requires each person who sets or places a trap, snare or similar device to visit those devices at least once every 96 hours and requires the removal of trapped mammals from the devices. (NRS 503.570) Section 5 of this bill requires the Commission to adopt regulations prescribing the frequency at which a person who sets or places a trap, snare or similar device is required to visit the trap, snare or similar device, which must be at least once every 96 hours.

 

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 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.

      Sec. 1.3.“Trap” means a device that is designed, built or made to close upon or hold fast any portion of an animal.

      Sec. 1.6. 1.  Any person who intentionally steals, takes and carries away one or more traps, snares or similar devices owned by another person with an aggregate value of less than $650 is guilty of a gross misdemeanor.

      2.  Any person who buys, receives, possesses or withholds one or more traps, snares or similar devices owned by another person with an aggregate value of less than $650:

      (a) Knowing that the traps, snares or similar devices are stolen property; or

      (b) Under such circumstances as should have caused a reasonable person to know that the traps, snares or similar devices are stolen property,

Ê is guilty of a gross misdemeanor.

      Sec. 2. NRS 501.001 is hereby amended to read as follows:

      501.001  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 501.003 to 501.097, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 503.452 is hereby amended to read as follows:

      503.452  1.  Each trap, snare or similar device used in the taking of wild mammals [may] must be registered with the Department before it is used. Each registered trap, snare or similar device must bear a number [registered with] which is assigned by the Department [or be permanently marked with the name and address of the owner or trapper using it.

 


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ê2013 Statutes of Nevada, Page 1002 (Chapter 231, SB 213)ê

 

marked with the name and address of the owner or trapper using it. If a trap is registered, the] and is affixed to or marked on the trap, snare or similar device in the manner specified by regulations adopted by the Commission. The registration of a trap, snare or similar device is [permanent.] valid until the trap, snare or similar device is sold or ownership of the trap, snare or similar device is otherwise transferred.

      2.  A registration fee of $10 for each registrant is payable only once [,] by each person who registers a trap, snare or similar device. The fee must be paid at the time the first trap, snare or similar device is registered.

      3.  It is unlawful:

      (a) For a person to whom a trap, snare or similar device is registered to allow another person to possess or use the trap, snare or similar device without providing to that person written authorization to possess or use the trap, snare or similar device.

      (b) For a person to possess or use a trap, snare or similar device registered to another person without obtaining the written authorization required pursuant to paragraph (a). If a person obtains written authorization to possess or use a trap, snare or similar device pursuant to paragraph (a), the person shall ensure that the written authorization, together with his or her trapping license, is in his or her possession during any period in which he or she uses the trap, snare or similar device to take fur-bearing mammals.

      4.  A person to whom a trap, snare or similar device is registered pursuant to this section shall report any theft of the trap, snare or similar device to the Department as soon as it is practical to do so after the person discovers the theft.

      5.  Any information in the possession of the Department concerning the registration of a trap, snare or similar device is confidential and the Department shall not disclose that information unless required to do so by law or court order.

      Sec. 4. NRS 503.454 is hereby amended to read as follows:

      503.454  1.  Every person who takes fur-bearing mammals by [any legal method] trap, snare or similar device or unprotected mammals by trapping or sells raw furs for profit shall procure a trapping license.

      2.  It is unlawful to remove or disturb the trap , snare or similar device of any holder of a trapping license while the trap , snare or similar device is being legally used by the holder on public land or on land where the holder has permission to trap.

      Sec.5.  NRS 503.570 is hereby amended to read as follows:

      503.570  1.  A person taking or causing to be taken wild mammals by means of traps, snares or [any other] similar devices which do not, or are not designed to, cause immediate death to the mammals, shall, if the traps, snares or similar devices are placed or set to take mammals, visit or cause to be visited [at least once each 96 hours] each trap, snare or [other] similar device at a frequency specified in regulations adopted by the Commission pursuant to subsection 3 during all of the time the trap, snare or similar device is placed, set or used to take wild mammals, and remove therefrom any mammals caught therein.

      2.  The provisions of subsection 1 do not apply to employees of the State Department of Agriculture or the United States Department of Agriculture when acting in their official capacities.

 


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ê2013 Statutes of Nevada, Page 1003 (Chapter 231, SB 213)ê

 

      3.  The Commission shall adopt regulations setting forth the frequency at which a person who takes or causes to be taken wild mammals by means of traps, snares or similar devices which do not, or are not designed to, cause immediate death to the mammals must visit a trap, snare or similar device. The regulations must require the person to visit a trap, snare or similar device at least once each 96 hours. In adopting the regulations, the Commission shall consider requiring a trap, snare or similar device placed in close proximity to a populated or heavily used area by persons to be visited more frequently than a trap, snare or similar device which is not placed in close proximity to such an area.

      Sec. 5.5. NRS 205.240 is hereby amended to read as follows:

      205.240  1.  Except as otherwise provided in NRS 205.220, 205.226, 205.228 and 475.105, and section 1.6 of this act, a person commits petit larceny if the person:

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

             (1) Personal goods or property, with a value of less than $650, owned by another person;

             (2) Bedding, furniture or other property, with a value of less than $650, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or

             (3) Real property, with a value of less than $650, that the person has converted into personal property by severing it from real property owned by another person.

      (b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $650, owned by another person.

      2.  Unless a greater penalty is provided pursuant to NRS 205.267, a person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 5.6. NRS 205.275 is hereby amended to read as follows:

      205.275  1.  [A] Except as otherwise provided in section 1.6 of this act, a person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owner’s property, buys, receives, possesses or withholds property:

      (a) Knowing that it is stolen property; or

      (b) Under such circumstances as should have caused a reasonable person to know that it is stolen property.

      2.  A person who commits an offense involving stolen property in violation of subsection 1:

      (a) If the value of the property is less than $650, is guilty of a misdemeanor;

      (b) If the value of the property is $650 or more but less than $3,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

      (c) If the value of the property is $3,500 or more or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      3.  In addition to any other penalty, the court shall order the person to pay restitution.

 


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ê2013 Statutes of Nevada, Page 1004 (Chapter 231, SB 213)ê

 

      4.  A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.

      5.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

      6.  For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.

      7.  As used in this section, “stolen property” means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.

      Sec. 6.  1.  This section, sections 1 to 2, inclusive, 4, 5.5 and 5.6 of this act become effective upon passage and approval.

      2.  Sections 3 and 5 of this act become effective 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 on July 31, 2013, for all other purposes.

________

CHAPTER 232, SB 273

Senate Bill No. 273–Senators Settelmeyer, Gustavson; and Goicoechea

 

Joint Sponsors: Assemblymen Ellison, Hansen and Wheeler

 

CHAPTER 232

 

[Approved: May 28, 2013]

 

AN ACT relating to sheriffs; revising provisions governing the removal of deputy sheriffs in certain smaller counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a peace officer must be certified by the Peace Officers’ Standards and Training Commission within 1 year after beginning employment as a peace officer, unless an extension is granted. (NRS 289.550) In a county that does not have a metropolitan police department or whose population is less than 100,000 (currently counties other than Clark and Washoe Counties), a deputy sheriff who has completed a 12-month probationary period may be terminated from employment only for cause. (NRS 248.040, 248.045) In this context, this bill provides that, in a county whose population is less than 45,000 (currently Churchill, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Mineral, Nye, Pershing, Storey and White Pine Counties), “cause” includes a deputy’s failure to become certified by the Peace Officers’ Standards and Training Commission within the required time, the loss of that certification or the deputy’s failure to maintain a valid driver’s license.

 


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ê2013 Statutes of Nevada, Page 1005 (Chapter 232, SB 273)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 248.040 is hereby amended to read as follows:

      248.040  1.  Except as provided in NRS 248.045, each sheriff may:

      (a) Appoint, in writing signed by him or her, one or more deputies, who may perform all the duties devolving on the sheriff of the county and such other duties as the sheriff may from time to time direct. The appointment of a deputy sheriff must not be construed to confer upon that deputy policymaking authority for the office of the sheriff or the county by which the deputy sheriff is employed.

      (b) Except as otherwise provided in this paragraph, only remove a deputy who has completed a probationary period of 12 months for cause. A deputy who functions as the head of a department or an administrative employee or who has not completed the probationary period may be removed at the sheriff’s pleasure.

      2.  For the purposes of paragraph (b) of subsection 1, in any county whose population is less than 45,000, “cause” includes, without limitation:

      (a) Failure to be certified by the Peace Officers’ Standards and Training Commission within the time required by NRS 289.550;

      (b) Loss of the certification by the Peace Officers’ Standards and Training Commission required by NRS 289.550; or

      (c) Failure to maintain a valid driver’s license.

      [2.]  

Ê This subsection does not limit or impair any internal grievance procedure, grievance procedure negotiated pursuant to chapter 288 of NRS or administrative remedy otherwise available to a deputy.

      3.  No deputy sheriff is qualified to act as such unless he or she has taken an oath to discharge the duties of the office faithfully and impartially. The oath, together with the written appointment, must be recorded in the office of the recorder of the county within which the sheriff legally holds and exercises office. Revocations of such appointments must be recorded as provided in this subsection. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

      [3.]4.  The sheriff may require of his or her deputies such bonds as to the sheriff seem proper.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 1006ê

 

CHAPTER 233, SB 305

Senate Bill No. 305–Senator Settelmeyer (by request)

 

CHAPTER 233

 

[Approved: May 28, 2013]

 

AN ACT relating to education; authorizing high school pupils who satisfy certain qualifications to complete a public or private internship and receive credit toward the academic credit requirements for graduation from high school; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes the academic subjects and courses of study which are required for pupils to receive a standard high school diploma in this State. (NRS 389.018-389.180) Section 1 of this bill authorizes a high school pupil who is enrolled in grade 11 or 12 and who satisfies the qualifications prescribed by the board of trustees of the school district or the governing body of the charter school in which the pupil is enrolled to receive one elective credit toward the academic credit requirements for graduation from high school by completing a public or private internship of not less than 60 hours. Section 1 also requires the board of trustees of a school district or the governing body of a charter school to obtain the approval of the State Board of Education before authorizing pupils to participate in such internships.

 

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

      1.  A pupil enrolled in grade 11 or 12 at a public school who is at least 16 years of age must be allowed to apply not more than one credit toward the total number of credits required for graduation from high school if the pupil successfully completes a public or private internship which has been approved pursuant to subsection 2 and which is of a duration of not less than 60 hours in a school year. The credit must be applied toward the pupil’s elective course credits and not toward a course that is required for graduation from high school.

      2.  If the board of trustees of a school district or the governing body of a charter school obtains the approval of the State Board, the board of trustees or the governing body may authorize pupils enrolled in the school district or charter school who satisfy the qualifications prescribed pursuant to subparagraph (2) of paragraph (a) to participate in a public or private internship for the purpose of obtaining credit pursuant to subsection 1. If a board of trustees or governing body of a charter school authorizes the participation in a public or private internship, the board of trustees or governing body shall:

      (a) Prescribe:

             (1) The fields, trades or occupations in which a pupil may complete a public or private internship, including, without limitation, agriculture, medical and health sciences, manufacturing and construction;

 


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ê2013 Statutes of Nevada, Page 1007 (Chapter 233, SB 305)ê

 

             (2) The qualifications of a pupil for participation in a public or private internship;

             (3) The manner in which a qualified pupil must apply for participation in a public or private internship; and

             (4) The manner for verifying that a pupil has completed the requisite number of hours to qualify for credit; and

      (b) Establish and maintain a nonexclusive list of participating businesses, agencies and organizations which offer the employment and supervision of pupils for the purposes of obtaining academic credit in a public or private internship pursuant to this section.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  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 July 1, 2013, for all other purposes.

________

CHAPTER 234, SB 344

Senate Bill No. 344–Senators Woodhouse, Smith, Denis, Spearman, Parks; Ford, Jones, Kihuen and Segerblom

 

CHAPTER 234

 

[Approved: May 28, 2013]

 

AN ACT relating to education; authorizing certain hospitals and facilities to request reimbursement, under certain circumstances, for providing educational services to children in their care; authorizing the Department of Education, the county school districts, charter schools and the Health Division of the Department of Health and Human Services to enter into a cooperative agreement for the provision of educational services to children at certain hospitals and facilities; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes certain hospitals or other facilities that are licensed by the Health Division of the Department of Health and Human Services and that operate a licensed private school to request reimbursement, under certain circumstances, from the Department of Education for the cost of providing educational services to a child who attends the licensed private school.

      Section 2 of this bill authorizes the Department of Education, the county school districts, charter schools and the Health Division of the Department of Health and Human Services to enter into a cooperative agreement for the provision of educational services at certain hospitals or other facilities that are licensed by the Health Division.

 


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ê2013 Statutes of Nevada, Page 1008 (Chapter 234, SB 344)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 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A hospital or other facility which is licensed by the Health Division of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the Department for the cost of providing educational services to a child who:

      (a) The Department verifies is a patient or resident of the hospital or facility; and

      (b) Attends the private school for more than 7 school days.

      2.  Upon receiving a request for reimbursement, the Department shall determine the amount of reimbursement to which the hospital or facility is entitled as a percentage of the basic support guarantee per pupil and withhold that amount from the county school district or charter school where the child would attend school if the child were not placed in the hospital or facility. The Department shall distribute the money withheld from the county school district or charter school to the hospital or facility.

      3.  The Department shall adopt any regulations necessary to carry out the provisions of this section.

      4.  As used in this section:

      (a) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 2. Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department of Education, the county school districts of the various counties, charter schools and the Health Division of the Department of Health and Human Services may enter into cooperative agreements for the provision of educational services at any hospital or other facility which is licensed by the Health Division that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS.

      2.  The authorization provided by subsection 1 includes the right to pay over money appropriated to a county school district or charter school for the education of a child placed in such a hospital or facility.

      3.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 3.  This act becomes effective:

      1.  Upon passage and approval for the purposes of entering into cooperative agreements pursuant to section 2 of this act, adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2013, for all other purposes.

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ê2013 Statutes of Nevada, Page 1009ê

 

CHAPTER 235, SB 345

Senate Bill No. 345–Senators Woodhouse, Parks, Ford, Denis, Smith; Jones, Kihuen, Manendo, Segerblom and Spearman

 

Joint Sponsors: Assemblywomen Dondero Loop; and Swank

 

CHAPTER 235

 

[Approved: May 28, 2013]

 

AN ACT relating to education; creating the Advisory Council on Science, Technology, Engineering and Mathematics; prescribing the membership and duties of the Council; requiring the Council to submit to the State Board of Education, the Governor and the Legislature a written report which includes recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill creates the Advisory Council on Science, Technology, Engineering and Mathematics within the Department of Education. The members of the Council include: (1) the Superintendent of Public Instruction or his or her designee; (2) the Chancellor of the Nevada System of Higher Education or his or her designee; (3) the Executive Director of the Office of Economic Development or his or her designee; (4) the Director of the Department of Employment, Training and Rehabilitation or his or her designee; and (5) 13 members appointed by the Governor, the Majority Leader and Minority Leader of the Senate and the Speaker and Minority Leader of the Assembly from among persons who are classroom teachers in the fields of science, technology, engineering and mathematics, administrators of public schools or school districts with an education program relating to the fields of science, technology, engineering and mathematics or persons who represent businesses that employ persons in careers which are enhanced by education in science, technology, engineering and mathematics. Section 2 of this bill requires the Council to develop: (1) a strategic plan for the development of educational resources in the fields of science, technology, engineering and mathematics to serve as a foundation for workforce development, college preparedness and economic development in this State; (2) a plan for identifying and awarding recognition to pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics; and (3) a plan for identifying and awarding recognition to not more than 15 schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics. Section 2 also requires the Council to conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools in this State. Section 2 further requires the Council to submit to the State Board of Education, the Governor and the Legislature a report which includes recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State. Additionally, section 2 requires the Council to apply for grants on behalf of the State of Nevada relating to the development and expansion of education programs in the fields of science, technology, engineering and mathematics and to identify a nonprofit corporation to assist in the implementation of the programs developed by the Council. Section 2 also requires the State Board to consider the plans and reports of the Council and adopt such regulations to carry out the Council’s recommendations as the State Board deems necessary.

 


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ê2013 Statutes of Nevada, Page 1010 (Chapter 235, SB 345)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.  1.  The Advisory Council on Science, Technology, Engineering and Mathematics is hereby created within the Department of Education. The Council consists of:

      (a) The following ex officio members:

             (1) The Superintendent of Public Instruction or his or her designee;

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

             (3) The Executive Director of the Office of Economic Development or his or her designee; and

             (4) The Director of the Department of Employment, Training and Rehabilitation or his or her designee;

      (b) Three members appointed by the Governor pursuant to subsection 2;

      (c) Four members appointed by the Majority Leader of the Senate pursuant to subsections 2 and 3;

      (d) Four members appointed by the Speaker of the Assembly pursuant to subsections 2 and 3;

      (e) One member appointed by the Minority Leader of the Senate pursuant to subsection 4; and

      (f) One member appointed by the Minority Leader of the Assembly pursuant to subsection 4.

      2.  The Governor, Majority Leader of the Senate and Speaker of the Assembly shall each appoint:

      (a) One member who is a classroom teacher in the field of science, technology, engineering or mathematics;

      (b) One member who is an administrator of a public school or school district in this State with an education program relating to the fields of science, technology, engineering and mathematics; and

      (c) One member who represents businesses that employ persons in careers which are enhanced by education in science, technology, engineering and mathematics, including, without limitation, careers relating to manufacturing, information technology, aerospace engineering, health sciences and mining.

      3.  The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint one additional member from among the persons described in paragraphs (a), (b) and (c) of subsection 2.

      4.  The Minority Leader of the Senate and the Minority Leader of the Assembly shall each appoint one member from among the persons described in paragraphs (a), (b) and (c) of subsection 2.

      5.  Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      6.  The Council shall hold its first regular meeting as soon as practicable on or after July 1, 2013, at the call of the Governor. At the first regular meeting of the Council, the members of the Council shall elect a Chair by majority vote.

      7.  The Council shall meet not more than four times each year at the call of the Chair.

 


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ê2013 Statutes of Nevada, Page 1011 (Chapter 235, SB 345)ê

 

      8.  A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.

      9.  The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.

      10.  The members of the Council serve without compensation.

      Sec. 2.  1.  The Advisory Council on Science, Technology, Engineering and Mathematics created by section 1 of this act shall:

      (a) Develop a strategic plan for the development of educational resources in the fields of science, technology, engineering and mathematics to serve as a foundation for workforce development, college preparedness and economic development in this State;

      (b) Develop a plan for identifying and awarding recognition to pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics;

      (c) Develop a plan for identifying and awarding recognition to not more than 15 schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;

      (d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools in this State and report the information gathered by the survey to the State Board of Education;

      (e) Apply for grants on behalf of the State of Nevada relating to the development and expansion of education programs in the fields of science, technology, engineering and mathematics;

      (f) Identify a nonprofit corporation to assist in the implementation of the plans developed pursuant to paragraphs (a), (b) and (c); and

      (g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

      2.  The Council or a subcommittee of the Council may seek the input, advice and assistance of persons and organizations that have knowledge, interest or expertise relevant to the duties of the Council.

      3.  The State Board of Education shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1 and adopt such regulations as the State Board deems necessary to carry out the recommendations in the written report.

      Sec. 3. (Deleted by amendment.)

      Sec. 4.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, 2017.

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ê2013 Statutes of Nevada, Page 1012ê

 

CHAPTER 236, SB 356

Senate Bill No. 356–Senator Roberson (by request)

 

CHAPTER 236

 

[Approved: May 28, 2013]

 

AN ACT relating to real property; revising provisions relating to covenants that may be adopted by reference in a deed of trust; providing methods by which assumption fees for a change of parties to a deed of trust may be set; revising provisions relating to certain agreements to sell real property to a third party; revising provisions concerning accounting for impound accounts for the payment of certain obligations relating to certain real property; providing a civil penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that certain covenants may be adopted by reference in a deed of trust. (NRS 107.030) Section 1 of this bill amends one such statutory covenant to provide the parties to a deed of trust the alternatives of paying, in connection with a trustee’s sale, either: (1) counsel fees in an amount equal to a specified percentage of the amount secured by the deed of trust and remaining unpaid; or (2) reasonable counsel fees and costs actually incurred. Section 2 of this bill revises accordingly the information that must be stated in a deed of trust which contains such a covenant. Section 1 also amends another statutory covenant which authorizes a beneficiary or his or her assigns to appoint another trustee to execute a trust by removing the use of a certified copy of a resolution of the board of directors of a corporate beneficiary as conclusive proof of the proper appointment of a trustee.

      Existing law also provides that if a party to a deed of trust desires to charge an assumption fee for a change in parties to the deed of trust, the amount of the assumption fee must be clearly set forth in the deed of trust at the time of execution. (NRS 107.055) Section 3 of this bill sets forth certain methods of specifying assumption fees for a change in parties to a deed of trust.

      Existing law prohibits a court from awarding a deficiency judgment to a creditor or beneficiary of a deed of trust who is a banking or other financial institution if certain circumstances exist, including when a debtor or grantor and the banking or other financial institution have entered into an agreement to sell real property secured by a mortgage or deed of trust to a third party for an amount less than the indebtedness secured by the mortgage or deed of trust, and the agreement: (1) does not state the amount owed to the banking or other financial institution or does not authorize the banking or other financial institution to recover the amount owed; and (2) contains a statement signed by the debtor or grantor which provides that the banking or other financial institution has waived its right to recover the amount owed and sets forth the amount being waived. (NRS 40.458) Section 4 of this bill requires that such a statement also be signed by the banking or other financial institution.

      Existing law additionally provides that if a loan requires the deposit of money to an impound account for the payment of certain obligations, the lender must analyze the account at least annually. (NRS 100.091) Existing law also imposes certain duties upon a lender who requires a borrower to make advance contributions to an impound account for the payment of certain obligations. (NRS 106.105) Section 5 of this bill revises provisions concerning the accounting for impound accounts and the related duties of a lender by incorporating provisions repealed by section 6 of this bill.

 


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ê2013 Statutes of Nevada, Page 1013 (Chapter 236, SB 356)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 107.030 is hereby amended to read as follows:

      107.030  Every deed of trust made after March 29, 1927, may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies:

      1.  Covenant No. 1. That grantor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which now are or shall hereafter be, or appear to be, a lien upon the trust premises, or any part thereof; and that grantor will pay all interest or installments due on any prior encumbrance, and that in default thereof, beneficiary may, without demand or notice, pay the same, and beneficiary shall be sole judge of the legality or validity of such taxes, assessments, charges or encumbrances, and the amount necessary to be paid in satisfaction or discharge thereof.

      2.  Covenant No. 2. That the grantor will at all times keep the buildings and improvements which are now or shall hereafter be erected upon the premises insured against loss or damage by fire, to the amount of at least $........, by some insurance company or companies approved by beneficiary, the policies for which insurance shall be made payable, in case of loss, to beneficiary, and shall be delivered to and held by the beneficiary as further security; and that in default thereof, beneficiary may procure such insurance, not exceeding the amount aforesaid, to be effected either upon the interest of trustee or upon the interest of grantor, or his or her assigns, and in their names, loss, if any, being made payable to beneficiary, and may pay and expend for premiums for such insurance such sums of money as the beneficiary may deem necessary.

      3.  Covenant No. 3. That if, during the existence of the trust, there be commenced or pending any suit or action affecting the conveyed premises, or any part thereof, or the title thereto, or if any adverse claim for or against the premises, or any part thereof, be made or asserted, the trustee or beneficiary may appear or intervene in the suit or action and retain counsel therein and defend same, or otherwise take such action therein as they may be advised, and may settle or compromise same or the adverse claim; and in that behalf and for any of the purposes may pay and expend such sums of money as the trustee or beneficiary may deem to be necessary.

      4.  Covenant No. 4. That the grantor will pay to trustee and to beneficiary respectively, on demand, the amounts of all sums of money which they shall respectively pay or expend pursuant to the provisions of the implied covenants of this section, or any of them, together with interest upon each of the amounts, until paid, from the time of payment thereof, at the rate of ................ percent per annum.

      5.  Covenant No. 5. That in case grantor shall well and truly perform the obligation or pay or cause to be paid at maturity the debt or promissory note, and all moneys agreed to be paid, and interest thereon for the security of which the transfer is made, and also the reasonable expenses of the trust in this section specified, then the trustee, its successors or assigns, shall reconvey to the grantor all the estate in the premises conveyed to the trustee by the grantor.

 


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ê2013 Statutes of Nevada, Page 1014 (Chapter 236, SB 356)ê

 

by the grantor. Any part of the trust property may be reconveyed at the request of the beneficiary.

      6.  Covenant No. 6. That if default be made in the performance of the obligation, or in the payment of the debt, or interest thereon, or any part thereof, or in the payment of any of the other moneys agreed to be paid, or of any interest thereon, or if any of the conditions or covenants in this section adopted by reference be violated, and if the notice of breach and election to sell, required by this chapter, be first recorded, then trustee, its successors or assigns, on demand by beneficiary, or assigns, shall sell the above-granted premises, or such part thereof as in its discretion it shall find necessary to sell, in order to accomplish the objects of these trusts, in the manner following, namely:

      The trustees shall first give notice of the time and place of such sale, in the manner provided in NRS 107.080 and may postpone such sale not more than three times by proclamation made to the persons assembled at the time and place previously appointed and advertised for such sale, and on the day of sale so advertised, or to which such sale may have been postponed, the trustee may sell the property so advertised, or any portion thereof, at public auction, at the time and place specified in the notice, at a public location in the county in which the property, or any part thereof, to be sold, is situated, to the highest cash bidder. The beneficiary, obligee, creditor, or the holder or holders of the promissory note or notes secured thereby may bid and purchase at such sale. The beneficiary may, after recording the notice of breach and election, waive or withdraw the same or any proceedings thereunder, and shall thereupon be restored to the beneficiary’s former position and have and enjoy the same rights as though such notice had not been recorded.

      7.  Covenant No. 7. That the trustee, upon such sale, shall make (without warranty), execute and, after due payment made, deliver to purchaser or purchasers, his, her or their heirs or assigns, a deed or deeds of the premises so sold which shall convey to the purchaser all the title of the grantor in the trust premises, and shall apply the proceeds of the sale thereof in payment, firstly, of the expenses of such sale, together with the reasonable expenses of the trust, including counsel fees, in an amount equal to ................ percent of the amount secured thereby and remaining unpaid [,] or reasonable counsel fees and costs actually incurred, which shall become due upon any default made by grantor in any of the payments aforesaid; and also such sums, if any, as trustee or beneficiary shall have paid, for procuring a search of the title to the premises, or any part thereof, subsequent to the execution of the deed of trust; and in payment, secondly, of the obligation or debts secured, and interest thereon then remaining unpaid, and the amount of all other moneys with interest thereon herein agreed or provided to be paid by grantor; and the balance or surplus of such proceeds of sale it shall pay to grantor, his or her heirs, executors, administrators or assigns.

      8.  Covenant No. 8. That in the event of a sale of the premises conveyed or transferred in trust, or any part thereof, and the execution of a deed or deeds therefor under such trust, the recital therein of default, and of recording notice of breach and election of sale, and of the elapsing of the 3-month period, and of the giving of notice of sale, and of a demand by beneficiary, his or her heirs or assigns, that such sale should be made, shall be conclusive proof of such default, recording, election, elapsing of time, and of the due giving of such notice, and that the sale was regularly and validly made on due and proper demand by beneficiary, his or her heirs and assigns; and any such deed or deeds with such recitals therein shall be effectual and conclusive against grantor, his or her heirs and assigns, and all other persons; and the receipt for the purchase money recited or contained in any deed executed to the purchaser as aforesaid shall be sufficient discharge to such purchaser from all obligation to see to the proper application of the purchase money, according to the trusts aforesaid.

 


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ê2013 Statutes of Nevada, Page 1015 (Chapter 236, SB 356)ê

 

made on due and proper demand by beneficiary, his or her heirs and assigns; and any such deed or deeds with such recitals therein shall be effectual and conclusive against grantor, his or her heirs and assigns, and all other persons; and the receipt for the purchase money recited or contained in any deed executed to the purchaser as aforesaid shall be sufficient discharge to such purchaser from all obligation to see to the proper application of the purchase money, according to the trusts aforesaid.

      9.  Covenant No. 9. That the beneficiary or his or her assigns may, from time to time, appoint another trustee, or trustees, to execute the trust created by the deed of trust or other conveyance in trust. [A copy of a resolution of the board of directors of beneficiary (if beneficiary be a corporation), certified by the secretary thereof, under its corporate seal, or an] An instrument executed and acknowledged by the beneficiary [(if the beneficiary be a natural person), shall be] is conclusive proof of the proper appointment of such substituted trustee. Upon the recording of such [certified copy or] executed and acknowledged instrument, the new trustee or trustees shall be vested with all the title, interest, powers, duties and trusts in the premises vested in or conferred upon the original trustee. If there be more than one trustee, either may act alone and execute the trusts upon the request of the beneficiary, and all of the trustee’s acts thereunder shall be deemed to be the acts of all trustees, and the recital in any conveyance executed by such sole trustee of such request shall be conclusive evidence thereof, and of the authority of such sole trustee to act.

      Sec. 2. NRS 107.040 is hereby amended to read as follows:

      107.040  1.  In order to adopt by reference any of the covenants, agreements, obligations, rights and remedies in NRS 107.030, it shall only be necessary to state in the deed of trust the following: “The following covenants, Nos. ................, ................ and ................ (inserting the respective numbers) of NRS 107.030 are hereby adopted and made a part of this deed of trust.”

      2.  A deed of trust or other conveyance in trust, in order to fix the amount of insurance to be carried, need not reincorporate the provisions of Covenant No. 2 of NRS 107.030, but may merely state the following: “Covenant No. 2,” and set out thereafter the amount of insurance to be carried.

      3.  In order to fix the rate of interest under Covenant No. 4 of NRS 107.030, it shall only be necessary to state in such trust deed or other conveyance in trust, “Covenant No. 4,” and set out thereafter the rate of interest to be charged thereunder.

      4.  In order to fix the amount or percent of counsel fees under Covenant No. 7 of NRS 107.030, it shall only be necessary to state in such deed of trust, or other conveyance in trust, the following: “Covenant No. 7,” and set out thereafter either the percentage to be allowed [.] or, in lieu of the percentage to be allowed, reasonable counsel fees and costs actually incurred.

      Sec. 3. NRS 107.055 is hereby amended to read as follows:

      107.055  If a party to a deed of trust, executed after July 1, 1971, desires to charge an assumption fee for a change in parties, the amount of such charge must be clearly set forth in the deed of trust at the time of execution. Without limiting or prohibiting any other method by which the amount of the charge may be clearly set forth in the deed of trust, the charge may be set forth as:

 


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ê2013 Statutes of Nevada, Page 1016 (Chapter 236, SB 356)ê

 

      1.  A fixed sum;

      2.  A percentage of the amount secured by the deed of trust and remaining unpaid at the time of assumption; or

      3.  The lesser of, the greater of or some combination of the amounts determined by subsections 1 and 2.

      Sec. 4. NRS 40.458 is hereby amended to read as follows:

      40.458  1.  If the judgment creditor or the beneficiary of the deed of trust who applies for a deficiency judgment is a banking or other financial institution, the court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if:

      (a) The real property is a single-family dwelling and the debtor or the grantor of the deed of trust was the owner of the real property at the time of the sale in lieu of a foreclosure sale;

      (b) The debtor or grantor used the amount for which the real property was secured by the mortgage or deed of trust to purchase the real property;

      (c) The debtor or grantor continuously occupied the real property as the debtor’s or grantor’s principal residence after securing the mortgage or deed of trust;

      (d) The debtor or grantor and the banking or other financial institution entered into an agreement to sell the real property secured by the mortgage or deed of trust to a third party for an amount less than the indebtedness secured thereby; and

      (e) The agreement entered into pursuant to paragraph (d):

             (1) Does not state the amount of money still owed to the banking or other financial institution by the debtor or grantor or does not authorize the banking or other financial institution to recover that amount from the debtor or grantor; and

             (2) Contains a conspicuous statement that has been acknowledged by the signature of the banking or other financial institution and the debtor or grantor which provides that the banking or other financial institution has waived its right to recover the amount owed by the debtor or grantor and which sets forth the amount of recovery that is being waived.

      2.  As used in this section:

      (a) “Banking or other financial institution” means any bank, savings and loan association, savings bank, thrift company, credit union or other financial institution that is licensed, registered or otherwise authorized to do business in this State.

      (b) “Sale in lieu of a foreclosure sale” means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligation in which the sales price of the real property is insufficient to pay the full outstanding balance of the obligation and the costs of the sale. The term includes, without limitation, a deed in lieu of foreclosure.

      Sec. 5. NRS 100.091 is hereby amended to read as follows:

      100.091  1.  For each loan requiring the deposit of money to an escrow account, loan trust account or other impound account for the payment of taxes, assessments, rental or leasehold payments , [or fire, hazard or other] insurance premiums [,] or other obligations related to the encumbered property, the lender shall [, at] :

      (a) Require contributions in an amount reasonably necessary to pay the obligations as they become due.

 


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ê2013 Statutes of Nevada, Page 1017 (Chapter 236, SB 356)ê

 

      (b) Unless money in the account is insufficient, pay in a timely manner the obligations as they become due.

      (c) At least annually, analyze the account. The analysis of each account must be performed to determine whether sufficient money is contributed to the account on a monthly basis to pay for the projected disbursements from the account. At least 30 days before the effective date of any increased contribution to the account based on the analysis, a statement must be sent to the borrower showing the method of determining the amount of money held in the account, the amount of projected disbursements from the account and the amount of the reserves which may be held in accordance with federal guidelines.

      2.  If, upon completion of the analysis, it is determined that an account is not sufficiently funded to pay from the normal payment the items when due on the account, the lender shall offer the borrower the opportunity to correct the deficiency by making one lump-sum payment or by making increased monthly contributions, in an amount required by the lender. The lender shall not declare a default on the account solely because the borrower is unable to pay the amount of the deficiency in one lump sum.

      3.  Except for payments made by a borrower for a lender to recover previous deficiencies in contributions to the account pursuant to subsection 2, the borrower is entitled pursuant to subsection 4 to the amount by which the borrower’s contributions to the account exceed the amount reasonably necessary to pay the annual obligations due from the account, together with interest thereon at the rate established pursuant to NRS 99.040.

      4.  If, upon completion of the analysis, it is determined that the amount of money held by the lender in the account, together with anticipated future monthly contributions to the account to be credited to the account before the dates items are due on the account, exceed the amount of money required to pay the items when due, the lender shall, [at the option of] not later than 30 days after completion of its annual review of the account, notify the borrower:

      (a) Of the amount by which the contributions and interest earned pursuant to subsection 3 exceed the amount reasonably necessary to pay the annual obligations due from the account; and

      (b) That the borrower [, either repay] may, not later than 20 days after receipt of the notice, specify that the lender:

             (1) Repay the excess money and interest promptly to the borrower [, apply] ;

             (2) Apply the excess money and interest to the outstanding principal balance ; or [retain]

             (3) Retain the excess money and interest in the account.

      5.  If the borrower fails to specify the disposition of the excess money and interest as provided in paragraph (b) of subsection 4, the lender shall maintain the excess money and interest in the account.

      6.  If any payment on the loan is delinquent at the time of the analysis, the lender shall retain any excess money and interest in the account and apply the excess money and interest in the account toward payment of the delinquency.

      [4.]  7.  A lender who violates any provision of subsections 4, 5 and 6 is liable to the borrower for a civil penalty of not more than $1,000.

      8.  The provisions of this section apply exclusively to:

 


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ê2013 Statutes of Nevada, Page 1018 (Chapter 236, SB 356)ê

 

      (a) A loan secured by a single family residence, as that term is defined in NRS 107.080; and

      (b) A unit in a common-interest community that is used exclusively for residential use, as those terms are defined in chapter 116 of NRS.

      9.  As used in this section:

      (a) “Borrower” means any person who receives a loan secured by real property and who is required to make advance contributions for the payment of taxes, insurance premiums or other expenses related to the property.

      (b) “Lender” means any person who makes loans secured by real property and who requires advance contributions for the payment of taxes, insurance premiums or other expenses related to the property.

      Sec. 6. NRS 106.105 is hereby repealed.

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CHAPTER 237, SB 365

Senate Bill No. 365–Senator Brower

 

Joint Sponsor: Assemblyman Elliot Anderson

 

CHAPTER 237

 

[Approved: May 28, 2013]

 

AN ACT relating to crimes; establishing the crime of stolen valor; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill provides that a person commits the crime of stolen valor and is guilty of a gross misdemeanor if the person knowingly, with the intent to obtain money, property or another tangible benefit: (1) fraudulently represents himself or herself to be a recipient of certain military decorations or medals; and (2) obtains money, property or another tangible benefit through such fraudulent representation.

 

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

      1.  A person commits the crime of stolen valor if he or she knowingly, with the intent to obtain money, property or another tangible benefit:

      (a) Fraudulently represents himself or herself to be a recipient of the Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, Combat Infantryman Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon or Air Force Combat Action Medal; and

      (b) Obtains money, property or another tangible benefit through such fraudulent representation.

      2.  A person who commits the crime of stolen valor is guilty of a gross misdemeanor.

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ê2013 Statutes of Nevada, Page 1019ê

 

CHAPTER 238, SB 371

Senate Bill No. 371–Senators Kieckhefer, Smith; Goicoechea and Settelmeyer

 

Joint Sponsor: Assemblyman Bobzien

 

CHAPTER 238

 

[Approved: May 28, 2013]

 

AN ACT relating to wildlife; prohibiting a person from intentionally feeding any big game mammal under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill prohibits a person from intentionally feeding any big game mammal without written authorization from the Department of Wildlife. For the purpose of this prohibition, the term “big game mammal” is defined to mean any pronghorn antelope, black bear, mule deer, mountain goat, mountain lion, Rocky Mountain elk or certain subspecies of bighorn sheep and “intentionally feed” is defined to mean supplying, providing or otherwise making available any salt, grain, meat or other form of nourishment with the intent to attract or feed a big game mammal. The term is limited so that it does not include any incidental or unintentional feeding of a big game mammal, including, without limitation, any such feeding associated with certain agricultural, landscaping or outdoor activities. If a person is found guilty of intentionally feeding a big game mammal, the person: (1) for a first offense, must be issued a written warning; (2) for a second offense, must be punished by a fine of not more than $250; and (3) for a third or subsequent offense, must be punished by a fine of not more than $500. This bill also provides an exception from the prohibition against intentionally feeding a big game mammal for any employee or agent of the Department or the Animal and Plant Health Inspection Service of the United States Department of Agriculture while carrying out his or her duties as such an employee or agent.

 

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

      1.   Except as otherwise provided in subsection 3, a person shall not intentionally feed any big game mammal without written authorization from the Department.

      2.  A person who violates subsection 1:

      (a) For a first offense, must not be cited or charged criminally but must be informed, in writing, of the behavior that constitutes the violation and the penalties prescribed by this section for any subsequent violation of this section.

      (b) For a second offense, shall be punished by a fine of not more than $250.

      (c) For a third or subsequent offense, shall be punished by a fine of not more than $500.

      3.  The provisions of this section do not apply to any employee or agent of the Department or the Animal and Plant Health Inspection Service of the United States Department of Agriculture who, while carrying out his or her duties, intentionally feeds a big game mammal for any purpose.

 


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ê2013 Statutes of Nevada, Page 1020 (Chapter 238, SB 371)ê

 

Service of the United States Department of Agriculture who, while carrying out his or her duties, intentionally feeds a big game mammal for any purpose.

      4.  As used in this section :

      (a) “Big game mammal” means:

            (1) Any pronghorn antelope, black bear, mule deer, mountain goat, mountain lion or Rocky Mountain elk; or

             (2) Any of the following subspecies of bighorn sheep:

                   (I) Nelson bighorn sheep;

                   (II) California bighorn sheep; or

                   (III) Rocky Mountain bighorn sheep.

      (b) “Intentionally feed” means to supply, provide or otherwise make available any salt, grain, meat or other form of nourishment with the intent to attract or feed a big game mammal. The term does not include any incidental or unintentional feeding of a big game mammal, including, without limitation, any such feeding associated with:

             (1) Any accepted agricultural or livestock practice;

             (2) Any planting or maintenance of any shrub, tree or other landscaping for any residence, property or area; or

             (3) Any sporting event or outdoor activity at which food is served or consumed.

      Sec. 2. NRS 501.005 is hereby amended to read as follows:

      501.005  [“Big] Except as otherwise provided in section 1 of this act, “big game mammal” means any game mammal so classified by Commission regulation.

      Sec. 3. NRS 501.386 is hereby amended to read as follows:

      501.386  [Whenever] Except as otherwise provided in section 1 of this act, whenever any person is halted by a game warden for any violation of this title, the person [shall,] must, in the discretion of the game warden, either be given a citation or be taken without unnecessary delay before the proper magistrate. The person [shall] must be taken before the magistrate in either of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity; or

      2.  When the game warden has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

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ê2013 Statutes of Nevada, Page 1021ê

 

CHAPTER 239, SB 382

Senate Bill No. 382–Senators Parks and Kihuen (by request)

 

CHAPTER 239

 

[Approved: May 28, 2013]

 

AN ACT relating to transportation of pupils; revising provisions relating to the flammability of certain materials and components used in new school buses; adopting standards for automatic systems of fire extinguishment for school buses that are so equipped; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that any new school bus purchased by a school district on or after January 1, 2014, to transport pupils must meet certain standards relating to the flammability of occupant seating. (NRS 392.405) Section 2 of this bill changes the date for compliance with these standards to January 1, 2016. For any new school bus purchased on or after July 1, 2014, existing law also requires that plastic components in the engine compartment of the bus meet certain standards relating to flammability. (NRS 392.405) Section 2 likewise changes this date to July 1, 2016. Section 2 also provides for the use of alternative standards of flammability for certain plastic components which are directly exposed to heat and provides that, in lieu of meeting standards of flammability, a new school bus purchased on or after July 1, 2016, may be equipped with an automatic system of fire extinguishment that meets certain requirements.

      Existing law makes the fire safety standards described above applicable to any new school bus purchased by a private school to transport pupils. (NRS 394.190) Section 4 of this bill amends those provisions to correspond with those applicable to a school bus purchased by a school district.

 

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 392.400 is hereby amended to read as follows:

      392.400  1.  All vehicles used in the transportation of pupils must be:

      (a) In good condition and state of repair.

      (b) Well equipped, and must contain sufficient room and seats so that the driver and each pupil being transported have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.

      (c) Inspected semiannually by the Department of Public Safety to ensure that the vehicles are mechanically safe and meet the minimum specifications established by the State Board. The Department of Public Safety shall make written recommendations to the superintendent of schools of the school district wherein any such vehicle is operating for the correction of any defects discovered thereby.

      2.  If the superintendent of schools fails or refuses to take appropriate action to have the defects corrected within 10 days after receiving notice of them from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction thereof may be removed from office.

      3.  Except as otherwise provided in subsection 4, all vehicles used for transporting pupils must meet the specifications established by regulation of the State Board.

 


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ê2013 Statutes of Nevada, Page 1022 (Chapter 239, SB 382)ê

 

      4.  Except as otherwise provided in [this] subsection [,] 5, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce. [On and after January 1, 2014, any]

      5.  Any new school bus which is purchased by a school district to transport pupils must meet the standards set forth in [NRS 392.405.

      5.]:

      (a) Subsection 1 of NRS 392.405 if the school bus is purchased on or after January 1, 2016; and

      (b) Subsection 2 or 3 of NRS 392.405 if the school bus is purchased on or after July 1, 2016.

      6.  Any person violating any of the requirements of this section is guilty of a misdemeanor.

      Sec. 2. NRS 392.405 is hereby amended to read as follows:

      392.405  1.  On and after January 1, [2014,] 2016, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must meet the following standards in addition to being equipped as required by the regulations of the State Board:

      [1.](a) Occupant seating within the school bus must be tested in accordance with either:

      [(a)](1) The ASTM International Standard ASTM E1537, “Standard Test Method for Fire Testing of Upholstered Furniture”; or

      [(b)](2) The School Bus Seat Upholstery Fire Block Test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.

      [2.](b) For the purposes of [subsection 1,] paragraph (a) such testing must be conducted on a complete seat assembly inside a test room or school bus, and occupant seating shall be deemed to have failed the ASTM E1537 test or Fire Block Test, as applicable, if:

      [(a)](1) The seat assembly exhibits a weight loss of 3 pounds or greater during the first 10 minutes of the test; or

      [(b)](2) The seat assembly exhibits a heat release rate of 80 kilowatts or greater.

      [3.  Each]

      2.  Except as otherwise provided in subsection 3, each plastic component contained in the engine compartment of a new school bus which is purchased by a school district on and after July 1, [2014,] 2016, to transport pupils must meet [a V-0 classification] one of the following classifications when tested in accordance with the Underwriters Laboratories Inc. Standard 94, “the Standard for Safety of Flammability of Plastic Materials for Parts in Devices and Appliances testing [] ”:

      (a) A V-0 classification; or

      (b) If the component is located within 100 millimeters directly above an exhaust component that is not shielded, including, without limitation, a catalytic converter, an exhaust gas recirculation pipe that carries uncooled exhaust gas, an exhaust manifold or an exhaust pipe:

             (1) For molded parts, a V-0 classification;

            (2) For foams, an HF-1 classification; and

             (3) For thin films, a VTM-0 classification.

 


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ê2013 Statutes of Nevada, Page 1023 (Chapter 239, SB 382)ê

 

      3.  In lieu of meeting the requirements set forth in subsection 2, a new school bus may be purchased by a school district on or after July 1, 2016, to transport pupils if it meets the following requirements:

      (a) The school bus has an automatic system for fire extinguishment in the engine compartment that includes a mechanism for activation by the driver;

      (b) Any nozzles for fire suppression are located, without limitation, under the school bus, in the electrical panel or under the dashboard, but are not located in the passenger compartment; and

      (c) The system for fire suppression includes a lamp or buzzer to alert the driver when the system is activated.

      Sec. 3. NRS 392.410 is hereby amended to read as follows:

      392.410  1.  Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:

      (a) A system of flashing red lights of a type approved by the State Board and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:

             (1) When the bus is stopped to unload pupils.

             (2) When the bus is stopped to load pupils.

             (3) In times of emergency or accident, when appropriate.

      (b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the State Board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the State Board.

      2.  A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:

      (a) Has been designated by a school district and approved by the Department;

      (b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;

      (c) Is not within an intersection of roadways;

      (d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;

      (e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and

      (f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.

      3.  In addition to the equipment required by subsection 1 and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must:

      (a) Be equipped and identified as required by the regulations of the State Board; and

      (b) If the bus is a new bus purchased by a school district [on and after January 1, 2014,] to transport pupils, meet the standards set forth in :

 


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ê2013 Statutes of Nevada, Page 1024 (Chapter 239, SB 382)ê

 

             (1) Subsection 1 of NRS 392.405 [.] if the bus is purchased on or after January 1, 2016; and

             (2) Subsection 2 or 3 of NRS 392.405 if the bus is purchased on or after July 1, 2016.

      4.  The agents and employees of the Department of Motor Vehicles shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.

      5.  If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the Department of Motor Vehicles, the superintendent is guilty of a misdemeanor, and upon conviction must be removed from office.

      6.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 4. NRS 394.190 is hereby amended to read as follows:

      394.190  1.  The provisions of NRS 392.400 and 392.410 relating to the condition, equipment and identification of vehicles used for the transportation of pupils apply to private schools.

      2.  On and after January 1, [2014,] 2016, or July 1, 2016, as applicable, with respect to any new school bus purchased to transport pupils, the standards for school buses set forth in :

      (a) Subsection 1 of NRS 392.405 ; and

      (b) Subsection 2 or 3 of NRS 392.405,

Ê apply to private schools.

      3.  All such vehicles are subject to inspection at all times by agents and employees of the Department of Motor Vehicles, who shall report any violations discovered thereby to the executive head of the private school.

      4.  If the executive head of the private school fails or refuses to take appropriate action to correct any such violation within 10 days after receiving the report from the Department of Motor Vehicles, the executive head is guilty of a misdemeanor.

      Sec. 5.  This act becomes effective upon passage and approval.

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ê2013 Statutes of Nevada, Page 1025ê

 

CHAPTER 240, SB 402

Senate Bill No. 402–Senator Roberson

 

CHAPTER 240

 

[Approved: May 28, 2013]

 

AN ACT relating to real estate; revising provisions concerning the late renewal of licenses and permits of certain real estate professionals; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law governs real estate brokers, broker-salespersons and salespersons who engage in certain real estate transactions and authorizes persons licensed as such to obtain permits to engage in property management or to engage in business as a business broker. (Chapter 645 of NRS) Under existing law, a person who fails to apply for a renewal of his or her license before the expiration of the license must apply for an original license, except that within 1 year of such expiration a renewal may be issued upon payment of a fee of one and one-half times the amount otherwise required for renewal. (NRS 645.785) This bill reduces that fee to $100, in addition to the amount otherwise required for renewal. This bill also authorizes a person to renew a permit upon payment of a fee in the amount of $20 within 1 year of expiration, in addition to the amount otherwise required for renewal and compliance with any other requirement relating to the renewal of such a permit.

 

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 645.785 is hereby amended to read as follows:

      645.785  1.  If a licensee fails to apply for a renewal of his or her license [prior to] before the date of the expiration thereof, no license may be issued to the licensee except upon another application for an original license, except that within 1 year of such expiration a renewal may be issued upon payment of a fee [one and one-half times] in the amount of $100, in addition to the amount otherwise required for renewal.

      2.  If a licensee fails to apply for a renewal of his or her permit before the date of the expiration thereof, no permit may be issued to the licensee except upon another application for an original permit, except that within 1 year of such expiration a renewal may be issued upon payment of a fee in the amount of $20, in addition to the amount otherwise required for renewal and compliance with any other requirement for renewal pursuant to NRS 645.6052 or 645.863.

      Sec. 2.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 1026ê

 

CHAPTER 241, SB 404

Senate Bill No. 404–Senators Smith, Woodhouse, Denis, Spearman, Parks; and Atkinson

 

Joint Sponsors: Assemblymen Kirkpatrick; Dondero Loop and Sprinkle

 

CHAPTER 241

 

[Approved: May 28, 2013]

 

AN ACT relating to business practices; prohibiting a subcontractor from receiving any public money unless the subcontractor is the holder of a state business license under certain circumstances; clarifying that a person is prohibited from entering into a contract with the State of Nevada unless the person is the holder of a state business license; making certain misrepresentations by a provider or vendor of floral or ornamental products a deceptive trade practice; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Sections 1 and 8 of this bill prohibit subcontractors from receiving public money for subcontracts for public works or projects for the construction or maintenance of highways unless the subcontractors hold a state business license. Section 7.5 of this bill also clarifies that a person is prohibited from entering into a contract with the State of Nevada unless the person holds a state business license.

      Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (Chapter 598 of NRS) Section 9 of this bill provides that certain advertising practices which misrepresent the geographic location of a provider or vendor of floral or ornamental products or services constitutes a deceptive trade practice. Sections 6, 7 and 10-18 of this bill make conforming changes relating to the new deceptive trade practice established in section 9.

 

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

      A subcontractor who enters into a subcontract for a public work shall not accept or otherwise receive any public money for the public work, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.

      Sec. 2. NRS 338.050 is hereby amended to read as follows:

      338.050  For the purpose of NRS 338.010 to 338.090, inclusive, and section 1 of this act, except as otherwise provided by specific statute, every worker who performs work for a public work covered by a contract therefor is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, and section 1 of this act regardless of any contractual relationship alleged to exist between such worker and his or her employer.

      Sec. 3. NRS 338.080 is hereby amended to read as follows:

      338.080  None of the provisions of NRS 338.020 to 338.090, inclusive, and section 1 of this act apply to:

 


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ê2013 Statutes of Nevada, Page 1027 (Chapter 241, SB 404)ê

 

      1.  Any work, construction, alteration, repair or other employment performed, undertaken or carried out, by or for any railroad company or any person operating the same, whether such work, construction, alteration or repair is incident to or in conjunction with a contract to which a public body is a party, or otherwise.

      2.  Apprentices recorded under the provisions of chapter 610 of NRS.

      3.  Any contract for a public work whose cost is less than $100,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the cost of the project below $100,000.

      Sec. 4. NRS 338.090 is hereby amended to read as follows:

      338.090  1.  [Any] Except as otherwise provided in subsection 4, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

      2.  The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:

      (a) Shall assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, and section 1 of this act an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid; and

      (b) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.

      3.  If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, and section 1 of this act, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.

      4.  The provisions of subsection 1 do not apply to a subcontractor specified in section 1 of this act.

      Sec. 5. NRS 338.1373 is hereby amended to read as follows:

      338.1373  1.  A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and:

      (a) NRS 338.1377 to 338.139, inclusive;

      (b) NRS 338.143 to 338.148, inclusive;

      (c) NRS 338.169 to 338.16995, inclusive; or

      (d) NRS 338.1711 to 338.173, inclusive.

      2.  The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142, 338.169 to 338.16995, inclusive, and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive [.] , and section 8 of this act.

      Sec. 6. NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

 


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ê2013 Statutes of Nevada, Page 1028 (Chapter 241, SB 404)ê

 

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

 


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ê2013 Statutes of Nevada, Page 1029 (Chapter 241, SB 404)ê

 

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      (f) An action to recover damages under NRS 41.740.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 7. NRS 41.600 is hereby amended to read as follows:

      41.600  1.  An action may be brought by any person who is a victim of consumer fraud.

      2.  As used in this section, “consumer fraud” means:

      (a) An unlawful act as defined in NRS 119.330;

      (b) An unlawful act as defined in NRS 205.2747;

      (c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;

      (d) An act prohibited by NRS 482.351; or

      (e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive [.] , and section 9 of this act.

      3.  If the claimant is the prevailing party, the court shall award the claimant:

      (a) Any damages that the claimant has sustained;

      (b) Any equitable relief that the court deems appropriate; and

      (c) The claimant’s costs in the action and reasonable attorney’s fees.

      4.  Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

      Sec. 7.5. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not enter into a contract with the State of Nevada unless the person is a holder of a state business license issued pursuant to chapter 76 of NRS.

      2.  The provisions of this section apply to all offices, departments, divisions, boards, commissions, institutions, agencies or any other units of:

      (a) The Legislative, Executive and Judicial Departments of the State Government;

      (b) The Nevada System of Higher Education; and

      (c) The Public Employees’ Retirement System.

      Sec. 7.7. NRS 353.005 is hereby amended to read as follows:

      353.005  [The] Except as otherwise provided in section 7.5 of this act, the provisions of this chapter do not apply to boards created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS and the officers and employees of those boards.

 


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provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS and the officers and employees of those boards.

      Sec. 8. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A subcontractor who enters into a subcontract for a project for the construction and maintenance of a highway shall not accept or otherwise receive any public money for the project, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.

      2.  As used in this section, “subcontractor” has the meaning ascribed to it in NRS 338.010.

      Sec. 9. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A provider or vendor of floral or ornamental products or services engages in a “deceptive trade practice” if the provider or vendor misrepresents the geographic location of its business by listing:

      (a) A local telephone number in any advertisement or listing unless the advertisement or listing identifies the actual physical address, including the city and state, of the provider or vendor’s business.

      (b) An assumed or fictitious business name in any advertisement or listing if:

             (1) The name of the business misrepresents the provider or vendor’s geographic location; and

             (2) The advertisement or listing does not identify the actual physical address, including the city and state, of the provider or vendor’s business.

      2.  The provisions of this section do not apply to:

      (a) A publisher of a telephone directory or any other publication or a provider of a directory assistance service that publishes or provides information about another business;

      (b) An Internet website that aggregates and provides information about other businesses;

      (c) An owner or publisher of a print advertising medium that provides information about other businesses;

      (d) An Internet service provider; or

      (e) An Internet service that displays or distributes advertisements for other businesses.

      3.  This section does not create or impose a duty or an obligation on a person other than a vendor or provider described in subsection 1.

      4.  As used in this section:

      (a) “Floral or ornamental products or services” means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs and related products and services.

      (b) “Local telephone number” means a specific telephone number, including the area code and prefix, assigned for the purpose of completing local telephone calls between a calling party or station and any other party or station within a telephone exchange located in this State or its designated local calling areas. The term does not include long distance telephone numbers or toll-free telephone numbers listed in a local telephone directory.

 


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      Sec. 10. NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 9 of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 598.0953 is hereby amended to read as follows:

      598.0953  1.  Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

      2.  The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, and section 9 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.

      Sec. 12. NRS 598.0955 is hereby amended to read as follows:

      598.0955  1.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 9 of this act.

      Sec. 13. NRS 598.0963 is hereby amended to read as follows:

      598.0963  1.  Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him or her in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

      2.  The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 9 of this act. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

      3.  If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

      4.  If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested.

 


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certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

      Sec. 14. NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 9 of this act. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act to particular persons or circumstances.

      2.  Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).

      Sec. 15. NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

      2.  If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his or her findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he or she may order the violator to:

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and section 9 of this act; and

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      3.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS.

 


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233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

      4.  If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      5.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

      (c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

      6.  Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection 5 may include:

      (a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

      (b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      7.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      8.  Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 16. NRS 598.0985 is hereby amended to read as follows:

      598.0985  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

      Sec. 17. NRS 598.0993 is hereby amended to read as follows:

      598.0993  The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

      Sec. 18. NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation.

 


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ê2013 Statutes of Nevada, Page 1034 (Chapter 241, SB 404)ê

 

NRS 598.0903 to 598.0999, inclusive, and section 9 of this act upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 9 of this act.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 9 of this act, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

 


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ê2013 Statutes of Nevada, Page 1035 (Chapter 241, SB 404)ê

 

alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

________

CHAPTER 242, SB 409

Senate Bill No. 409–Senators Kihuen and Segerblom

 

Joint Sponsors: Assemblymen Frierson, Ohrenschall and Horne

 

CHAPTER 242

 

[Approved: May 28, 2013]

 

AN ACT relating to gaming; exempting wagers made pursuant to an agreement entered into by the Governor and another state from certain crimes relating to gaming; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits: (1) accepting, receiving or allowing another person to accept or receive a wager from a person physically present in this State; and (2) placing, sending, transmitting or relaying a wager to another person from within or outside this State under certain circumstances. (NRS 465.092, 465.093) This bill exempts a person or establishment from such prohibitions if the wager was made pursuant to an agreement with another state, or authorized agency thereof, entered into by the Governor.

 

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 465.094 is hereby amended to read as follows:

      465.094  The provisions of NRS 465.092 and 465.093 do not apply to a wager placed by a person for the person’s own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with, or sent, transmitted or relayed to:

      1.  A race book or sports pool that is licensed pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;

      2.  A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this State and otherwise complies with subsection 3 of NRS 464.020 and all other applicable laws and regulations concerning wagering;

      3.  A person who is licensed to operate a mobile gaming system pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering; [or]

 


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ê2013 Statutes of Nevada, Page 1036 (Chapter 242, SB 409)ê

 

      4.  Any other person or establishment that is licensed to engage in wagering pursuant to title 41 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering [.] ; or

      5.  Any other person or establishment that is licensed to engage in wagering in another state and is permitted to accept or receive a wager from patrons within this State under an agreement entered into by the Governor pursuant to section 6 of Assembly Bill No. 114 of this session.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 243, SB 432

Senate Bill No. 432–Committee on Transportation

 

CHAPTER 243

 

[Approved: May 28, 2013]

 

AN ACT relating to taxicabs; requiring each operator of a taxicab business to post a sign notifying passengers of the maximum penalties for committing an assault or battery upon a driver of a taxicab; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Sections 2 and 3 of this bill require each operator of a taxicab business to post a sign in each taxicab that it operates notifying passengers of the maximum penalties for committing an assault or battery upon a taxicab driver. Sections 5, 6 and 9 of this bill provide that the penalties for violating this requirement are the same as the penalties generally applicable to violations of existing law governing the operators of taxicab businesses.

 

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 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Each taxicab motor carrier shall post at least one sign which meets the requirements of this section inside each taxicab that he or she operates in a location conspicuous to the passengers of the taxicab.

      2.  Each sign required by subsection 1 must contain a notice in at least 16-point bold type that is easy to read and is in substantially the following form:

 

WARNING

ASSAULT UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 6 YEARS IN PRISON. BATTERY UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 15 YEARS IN PRISON.

      Sec. 3. 1.  Each certificate holder shall post at least one sign which meets the requirements of this section inside each of the certificate holder’s taxicabs in a location conspicuous to the passengers of the taxicab.

 


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ê2013 Statutes of Nevada, Page 1037 (Chapter 243, SB 432)ê

 

      2.  Each sign required by subsection 1 must contain a notice in at least 16-point bold type that is easy to read and is in substantially the following form:

 

WARNING

ASSAULT UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 6 YEARS IN PRISON. BATTERY UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 15 YEARS IN PRISON.

      Sec. 4. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

      (g) Advertises as providing:

             (1) The services of a fully regulated carrier; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

 


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ê2013 Statutes of Nevada, Page 1038 (Chapter 243, SB 432)ê

 

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 6. NRS 706.781 is hereby amended to read as follows:

      706.781  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and section 2 of this act, for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act and with the orders of the Authority or the Department by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 7. NRS 706.881 is hereby amended to read as follows:

      706.881  1.  The provisions of NRS 706.8811 to 706.885, inclusive, and section 3 of this act apply to any county:

      (a) Whose population is 700,000 or more; or

      (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and section 3 of this act within that county.

 


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ê2013 Statutes of Nevada, Page 1039 (Chapter 243, SB 432)ê

 

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

      Sec. 8. NRS 706.8811 is hereby amended to read as follows:

      706.8811  As used in NRS 706.881 to 706.885, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 706.885 is hereby amended to read as follows:

      706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the Taxicab Authority or the Administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, and section 3 of this act is guilty of a misdemeanor.

      2.  The Taxicab Authority or Administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by the Taxicab Authority or Administrator, respectively, for:

      (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.

      (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.

Ê If a penalty is imposed on the grantee of a certificate pursuant to this section, the Taxicab Authority or Administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the Administrator shall enter a finding of default. Upon a finding of default, the Administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the Administrator may set aside a finding of default and proceed with the hearing.

      4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, the law enforcement officer may cause the vehicle to be towed immediately from the scene.

      5.  The conviction of a person pursuant to subsection 1 does not bar the Taxicab Authority or Administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the Taxicab Authority or Administrator does not operate as a defense in any proceeding brought under subsection 1.

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ê2013 Statutes of Nevada, Page 1040ê

 

CHAPTER 244, SB 433

Senate Bill No. 433–Committee on Natural Resources

 

CHAPTER 244

 

[Approved: May 28, 2013]

 

AN ACT relating to motor vehicle fuel; requiring the State Board of Agriculture to adopt regulations that require a warning label to be affixed to any pump which dispenses any motor vehicle fuel to which any manganese or manganese compound has been added; requiring a person who sells motor vehicle fuel that contains manganese or any manganese compound to provide certain documentation to the purchaser of that fuel; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the State Board of Agriculture to adopt by regulation specifications for motor vehicle fuel in this State based upon certain criteria. (NRS 590.070) Section 3 of this bill requires the Board to adopt regulations requiring a warning label to be affixed to any pump from which is drawn any motor vehicle fuel that is sold to a consumer if the motor vehicle fuel contains manganese or any manganese compound, including, without limitation, methylcyclopentadienyl manganese tricarbonyl, and was delivered to the vendor within the immediately preceding 6 months.

      Section 4 of this bill requires a person, other than a retailer of motor vehicle fuel, who sells a motor vehicle fuel that contains manganese or any manganese compound to provide documentation to the purchaser stating that the motor vehicle fuel contains manganese or any manganese compound and stating the volume of the compound expressed in milligrams per liter.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3. The State Board of Agriculture shall adopt regulations:

      1.  Requiring a warning label to be affixed on each pump from which is drawn any motor vehicle fuel sold to a consumer if the motor vehicle fuel:

      (a) Contains manganese or any manganese compound, including, without limitation, methylcyclopentadienyl manganese tricarbonyl; and

      (b) Was delivered to the vendor within the immediately preceding 6 months.

      2.  Specifying the format, size, wording and placement of the warning label that a vendor is required to place on a pump pursuant to this section. The regulations must ensure that the warning labels measure at least 4 inches by 4 inches and include, without limitation:

      (a) A notice advising the consumer to read the label before dispensing the motor vehicle fuel;

 

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