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2011 Statutes of Nevada, Page 257

 

CHAPTER 58, AB 537

Assembly Bill No. 537–Committee on Commerce and Labor

 

CHAPTER 58

 

[Approved: May 18, 2011]

 

AN ACT relating to health care practitioners; prohibiting certain health care practitioners from knowingly procuring or administering certain drugs that are not approved in accordance with federal regulations; providing that such participation is grounds for disciplinary action or denial of licensure; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Federal Food, Drug and Cosmetic Act requires the United States Food and Drug Administration to approve certain prescription drugs. (21 U.S.C. งง 301 et seq.) Existing law in this State authorizes certain health care practitioners, including physicians, physician assistants, dentists, advanced practitioners of nursing, osteopathic physicians, osteopathic physician assistants, podiatric physicians and optometrists, to prescribe and administer controlled substances and dangerous drugs under certain circumstances. (NRS 639.0125, 639.235) This bill prohibits those health care practitioners from knowingly procuring and administering controlled substances and dangerous drugs that are not approved under federal law, unless the unapproved controlled substances and dangerous drugs were procured through a retail pharmacy, were procured through certain Canadian pharmacies or are considered marijuana used for medical purposes. This bill further authorizes disciplinary action to be taken against health care practitioners for violations of the prohibition.

 

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 630.306 is hereby amended to read as follows:

     630.306  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

     1.  Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

     2.  Engaging in any conduct:

     (a) Which is intended to deceive;

     (b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

     (c) Which is in violation of a regulation adopted by the State Board of Pharmacy.

     3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.

     4.  Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

 


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2011 Statutes of Nevada, Page 258 (Chapter 58, AB 537)

 

     5.  Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which are beyond the scope of his or her training.

     6.  Performing, without first obtaining the informed consent of the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

     7.  Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

     8.  Habitual intoxication from alcohol or dependency on controlled substances.

     9.  Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

     10.  Failing to comply with the requirements of NRS 630.254.

     11.  Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.

     12.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

     13.  Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

     14.  Operation of a medical facility at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This subsection applies to an owner or other principal responsible for the operation of the facility.

     15.  Failure to comply with the requirements of NRS 630.373.

     16.  Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

     17.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

     (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

     (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

     (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

     Sec. 2.  NRS 631.3475 is hereby amended to read as follows:

     631.3475  The following acts, among others, constitute unprofessional conduct:

     1.  Malpractice;

     2.  Professional incompetence;

 


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2011 Statutes of Nevada, Page 259 (Chapter 58, AB 537)

 

     3.  Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

     4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

     5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

     6.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

     (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

     (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

     (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;

     7.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

     [7.] 8.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;

     [8.] 9.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

     [9.] 10.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 3.  NRS 632.320 is hereby amended to read as follows:

     632.320  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

     (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

     (b) Is guilty of any offense:

           (1) Involving moral turpitude; or

           (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

in which case the record of conviction is conclusive evidence thereof.

     (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

     (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

 


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     (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

     (f) Is a person with mental incompetence.

     (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

           (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

           (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

           (3) Impersonating another licensed practitioner or holder of a certificate.

           (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse or nursing assistant.

           (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

           (6) Physical, verbal or psychological abuse of a patient.

           (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

     (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

     (i) Is guilty of aiding or abetting any person in a violation of this chapter.

     (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

     (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

     (l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

           (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

           (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

           (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

     (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

     [(m)] (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

     [(n)] (o) Has willfully failed to comply with a regulation, subpoena or order of the Board.

 


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     [(o)] (p) Has operated a medical facility at any time during which:

           (1) The license of the facility was suspended or revoked; or

           (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

This paragraph applies to an owner or other principal responsible for the operation of the facility.

     2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

     Sec. 4.  NRS 633.511 is hereby amended to read as follows:

     633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

     1.  Unprofessional conduct.

     2.  Conviction of:

     (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (b) A felony relating to the practice of osteopathic medicine;

     (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

     (d) Murder, voluntary manslaughter or mayhem;

     (e) Any felony involving the use of a firearm or other deadly weapon;

     (f) Assault with intent to kill or to commit sexual assault or mayhem;

     (g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

     (h) Abuse or neglect of a child or contributory delinquency; or

     (i) Any offense involving moral turpitude.

     3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

     4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a practitioner.

     5.  Professional incompetence.

     6.  Failure to comply with the requirements of NRS 633.527.

     7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

     8.  Failure to comply with the provisions of NRS 633.694.

     9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This subsection applies to an owner or other principal responsible for the operation of the facility.

     10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

     11.  Signing a blank prescription form.

     12.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

 


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     (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

     (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

     (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

     13.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

     [13.] 14.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

     [14.] 15.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

     [15.] 16.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

     [16.] 17.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

     [17.] 18.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

     Sec. 5.  NRS 635.130 is hereby amended to read as follows:

     635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

     (a) Deny an application for a license or refuse to renew a license.

     (b) Suspend or revoke a license.

     (c) Place a licensee on probation.

     (d) Impose a fine not to exceed $5,000.

     2.  The Board may take disciplinary action against a licensee for any of the following causes:

     (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

     (b) Lending the use of the holder’s name to an unlicensed person.

     (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

     (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.

     (e) Conviction of a crime involving moral turpitude.

     (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

 


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     (g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.

     (h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.

     (i) Gross incompetency.

     (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

     (k) False representation by or on behalf of the licensee regarding his or her practice.

     (l) Unethical or unprofessional conduct.

     (m) Willful or repeated violations of this chapter or regulations adopted by the Board.

     (n) Willful violation of the regulations adopted by the State Board of Pharmacy.

     (o) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

           (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

           (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

           (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

     (p) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

           (1) The license of the facility is suspended or revoked; or

           (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This paragraph applies to an owner or other principal responsible for the operation of the facility.

     Sec. 6.  NRS 636.295 is hereby amended to read as follows:

     636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

     1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

     2.  Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

     3.  Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

     4.  Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

     5.  Habitual drunkenness or addiction to any controlled substance.

     6.  Gross incompetency.

 


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     7.  Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

     8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

     9.  Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

     10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

     11.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

     (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

     (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

     (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

     12.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

     [12.] 13.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

This subsection applies to an owner or other principal responsible for the operation of the facility.

     Secs. 7 and 8.  (Deleted by amendment.)

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2011 Statutes of Nevada, Page 265

 

CHAPTER 59, AB 321

Assembly Bill No. 321–Assemblymen Oceguera, Anderson, Kirkpatrick, Atkinson, Hambrick; Aizley, Benitez-Thompson, Bobzien, Bustamante Adams, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirner, Kite, Livermore, McArthur, Munford, Neal, Ohrenschall, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

Joint Sponsors: Senators Hardy; Gustavson, Horsford and Lee

 

CHAPTER 59

 

[Approved: May 19, 2011]

 

AN ACT relating to the use of force; revising the provisions governing justifiable homicide; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing case law, there is no duty to retreat before using deadly force if the person using deadly force is not the original aggressor and reasonably believes that he or she is about to be killed or seriously injured. (Culverson v. State, 106 Nev. 484 (1990)) This bill provides that under the defense of justifiable homicide there is no duty to retreat if the person using deadly force: (1) is not the original aggressor; (2) has a right to be present at the location where deadly force is used; and (3) is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

 

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 200.120 is hereby amended to read as follows:

     200.120  1.  Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.

     2.  A person is not required to retreat before using deadly force as provided in subsection 1 if the person:

     (a) Is not the original aggressor;

     (b) Has a right to be present at the location where deadly force is used; and

     (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

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2011 Statutes of Nevada, Page 266

 

CHAPTER 60, AB 352

Assembly Bill No. 352–Assemblywoman Carlton

 

CHAPTER 60

 

[Approved: May 19, 2011]

 

AN ACT relating to trade practices; providing that various actions related to certain persons with an inability to reasonably protect their rights or interests constitute a deceptive trade practice; allowing equitable relief for certain actions related to consumer fraud; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       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 3 of this bill provides that it is a deceptive trade practice knowingly to take advantage of certain persons with an inability reasonably to protect their rights or interests. Section 10 of this bill allows equitable relief for various actions involving consumer fraud.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1 and 2.  (Deleted by amendment.)

     Sec. 3.  NRS 598.092 is hereby amended to read as follows:

     598.092  A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she:

     1.  Knowingly fails to identify goods for sale or lease as being damaged by water.

     2.  Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself or herself, whom he or she represents and the purpose of his or her call within 30 seconds after beginning the conversation.

     3.  Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

     4.  Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he or she allows refunds.

     5.  Advertises or offers an opportunity for investment and:

     (a) Represents that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;

 


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     (b) Represents that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;

     (c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

     (d) Fails to maintain adequate records so that an investor may determine how his or her money is invested;

     (e) Fails to provide information to an investor after a reasonable request for information concerning his or her investment;

     (f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

     (g) Represents that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.

     6.  Charges a fee for advice with respect to investment of money and fails to disclose:

     (a) That he or she is selling or offering to lease goods or services and, if he or she is, their identity; or

     (b) That he or she is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments or holds any other license related to the service he or she is providing.

     7.  Notifies any person, by any means, as a part of an advertising plan or scheme, that he or she has won a prize and that as a condition of receiving the prize he or she must purchase or lease goods or services.

     8.  Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.

     9.  Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.

     10.  Fails to inform customers, if he or she does not allow refunds or exchanges, that he or she does not allow refunds or exchanges by:

     (a) Printing a statement on the face of the lease or sales receipt;

     (b) Printing a statement on the face of the price tag; or

     (c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

specifying that no refunds or exchanges are allowed.

     11.  Knowingly and willfully violates NRS 597.7118 or 597.7125.

 


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     12.  Knowingly takes advantage of another person’s inability reasonably to protect his or her own rights or interests in a consumer transaction when such an inability is due to illiteracy, or to a mental or physical infirmity or another similar condition which manifests itself as an incapability to understand the language or terms of any agreement.

     Secs. 4-9.  (Deleted by amendment.)

     Sec. 10.  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.

     3.  If the claimant is the prevailing party, the court shall award the claimant:

     (a) Any damages that the claimant has sustained; [and]

     (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. 11.  (Deleted by amendment.)

     Sec. 12.  This act becomes effective on July 1, 2011.

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2011 Statutes of Nevada, Page 269

 

CHAPTER 61, AB 355

Assembly Bill No. 355–Assemblymen Frierson, Horne, Segerblom, Carrillo, Diaz; and Brooks

 

CHAPTER 61

 

[Approved: May 19, 2011]

 

AN ACT relating to victims of crime; clarifying that money remaining in the Fund for the Compensation of Victims of Crime at the end of each fiscal year does not revert to the State General Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law creates the Fund for the Compensation of Victims of Crime, which is used for the payment of compensation to certain victims of crimes and for the payment of salaries and expenses incurred by the Department of Administration during the process of determining the compensation to be paid to such victims. Additionally, certain money deposited in the Fund must be used for the payment of counseling and medical treatment for victims of certain crimes. Finally, existing law does not specify that money remaining in the Fund for the Compensation of Victims of Crime at the end of each fiscal year must remain in the Fund and must not revert to the State General Fund. (NRS 217.260) This bill clarifies that any money remaining in the Fund for the Compensation of Victims of Crime at the end of each fiscal year must remain in the Fund and must not revert to the State General Fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 217.260 is hereby amended to read as follows:

     217.260  1.  Money for payment of compensation as ordered by the Board and for payment of salaries and other expenses incurred by the Department of Administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the Fund for the Compensation of Victims of Crime, which is hereby created. Money in the Fund must be disbursed on the order of the Board in the same manner as other claims against the State are paid. The Board shall estimate quarterly:

     (a) The revenue in the Fund which is available for the payment of compensation; and

     (b) The anticipated expenses for the next quarter.

If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.

     2.  Money deposited in the Fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.

     3.  The interest and income earned on the money in the Fund for the Compensation of Victims of Crime, after deducting any applicable charges, must be credited to the Fund.

 


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2011 Statutes of Nevada, Page 270 (Chapter 61, AB 355)

 

     4.  Any money remaining in the Fund for the Compensation of Victims of Crime at the end of each fiscal year does not revert to the State General Fund and must be carried over into the next fiscal year.

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

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CHAPTER 62, AB 429

Assembly Bill No. 429–Assemblymen Ohrenschall, Anderson, Frierson, Carrillo, Hogan; Aizley, Benitez-Thompson, Brooks, Bustamante Adams, Carlton, Daly, Dondero Loop, Munford, Neal, Pierce and Segerblom

 

Joint Sponsors: Senators Manendo, Kihuen; and Parks

 

CHAPTER 62

 

[Approved: May 19, 2011]

 

AN ACT relating to manufactured housing; requiring a landlord of a manufactured home park to pay certain costs associated with moving a tenant’s manufactured home under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a landlord of a manufactured home park to pay certain costs associated with moving a tenant’s manufactured home if the landlord closes or converts the park. (NRS 118B.130, 118B.177, 118B.180, 118B.183) Sections 2-5 of this bill require a landlord to pay costs associated with moving a tenant’s manufactured home to a new location in this State or another state that is within 150 miles from the manufactured home park.

 

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.  NRS 118B.130 is hereby amended to read as follows:

     118B.130  1.  A landlord may not change:

     (a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or

     (b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.

     2.  A tenant who elects to move pursuant to a provision of subsection 1 shall give the landlord notice in writing of the tenant’s election to move within 75 days after receiving notice of the change in restrictions in the park.

     3.  At the time of providing notice of the change in restrictions in the park, the landlord shall provide to each tenant:

     (a) The address and telephone number of the Division;

     (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

 


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2011 Statutes of Nevada, Page 271 (Chapter 62, AB 429)

 

     (c) Any list published by the Division setting forth the names of mobile home parks within [100] 150 miles that have reported having vacant spaces.

     4.  If a landlord is required to move a tenant to another park pursuant to subsection 1, the landlord shall pay:

     (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within [100] 150 miles from the manufactured home park; or

     (b) If the new location is more than [100] 150 miles from the manufactured home park, the cost of moving the manufactured home for the first [100] 150 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park.

     5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

     6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within [100] 150 miles that is willing to accept the manufactured home, the landlord:

     (a) May remove and dispose of the manufactured home; and

     (b) Shall pay to the tenant the fair market value of the manufactured home.

     7.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

     (a) Tenant of the park who does not meet the new restrictions; and

     (b) Prospective tenant before the commencement of the tenancy.

     8.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

     (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

     (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

     (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

     9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 6.

 


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2011 Statutes of Nevada, Page 272 (Chapter 62, AB 429)

 

     Sec. 3.  NRS 118B.177 is hereby amended to read as follows:

     118B.177  1.  If a landlord closes a manufactured home park, or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amounts required by subsections 3, 4 and 5.

     2.  At the time of providing notice of the closure of the park, a landlord shall provide to each tenant:

     (a) The address and telephone number of the Division;

     (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

     (c) Any list published by the Division setting forth the names of mobile home parks within [100] 150 miles that have reported having vacant spaces.

     3.  If the tenant chooses to move the manufactured home:

     (a) The tenant shall, within 75 days after receiving notice of the closure, notify the landlord in writing of the tenant’s election to move the manufactured home; and

     (b) The landlord shall pay to the tenant:

           (1) The cost of moving each tenant’s manufactured home and its appurtenances to a new location in this State or another state within [100] 150 miles from the manufactured home park; or

           (2) If the new location is more than [100] 150 miles from the manufactured home park, the cost of moving the manufactured home for the first [100] 150 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.

     4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

     5.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within [100] 150 miles that is willing to accept the manufactured home, the landlord:

     (a) May remove and dispose of the manufactured home; and

     (b) Shall pay to the tenant the fair market value of the manufactured home.

     6.  Written notice of any closure must be served timely on each:

     (a) Tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before the tenant is required to move his or her manufactured home from the lot.

     (b) Prospective tenant by:

           (1) Handing each prospective tenant or his or her agent a copy of the written notice; and

           (2) Maintaining a copy of the written notice at the entrance of the manufactured home park.

     7.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

     (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

 


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2011 Statutes of Nevada, Page 273 (Chapter 62, AB 429)

 

     (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

     (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

     8.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 5.

     9.  A landlord shall not increase the rent of a tenant after notice is served on the tenant as required by subsection 6.

     10.  If a landlord begins the process of closing a manufactured home park, the landlord shall comply with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

     11.  As used in this section, “timely” means not later than 3 days after the landlord learns of a closure.

     Sec. 4.  NRS 118B.180 is hereby amended to read as follows:

     118B.180  1.  A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

     2.  The landlord may undertake a conversion pursuant to this section only if:

     (a) The landlord gives notice in writing to the Division and each tenant within 5 days after the landlord files his or her application for the change in land use with the local zoning board, planning commission or governing body;

     (b) The landlord offers, in writing, to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 90 days or until the landlord receives a written rejection of the offer from the tenant, whichever occurs earlier;

     (c) The landlord does not sell the lot to a person other than the tenant for 90 days after the termination of the offer required pursuant to paragraph (b) at a price or on terms that are more favorable than the price or terms offered to the tenant;

     (d) If a tenant does not exercise his or her option to purchase the lot pursuant to paragraph (b), the landlord pays:

           (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location in this State or another state within [100] 150 miles from the manufactured home park; or

 


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2011 Statutes of Nevada, Page 274 (Chapter 62, AB 429)

 

           (2) If the new location is more than [100] 150 miles from the manufactured home park, the cost of moving the manufactured home for the first [100] 150 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park;

     (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before the tenant is required to move his or her manufactured home from the lot; and

     (f) The landlord complies with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

     3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

     (a) The address and telephone number of the Division;

     (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

     (c) Any list published by the Division setting forth the names of mobile home parks within [100] 150 miles that have reported having vacant spaces.

     4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

     5.  If a tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within [100] 150 miles that is willing to accept the manufactured home, the landlord:

     (a) May remove and dispose of the manufactured home; and

     (b) Shall pay to the tenant the fair market value of the manufactured home.

     6.  Notice sent pursuant to paragraph (a) of subsection 2 or an offer to sell a manufactured home lot to a tenant required pursuant to paragraph (b) of subsection 2 does not constitute notice of termination of the tenancy.

     7.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

     8.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

     (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

     (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

 


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2011 Statutes of Nevada, Page 275 (Chapter 62, AB 429)

 

     (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

     9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 5.

     10.  The provisions of this section do not apply to a corporate cooperative park.

     Sec. 5.  NRS 118B.183 is hereby amended to read as follows:

     118B.183  1.  A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

     2.  The landlord may undertake a conversion pursuant to this section only if:

     (a) The landlord gives notice in writing to the Division and each tenant within 5 days after the landlord files his or her application for the change in land use with the local zoning board, planning commission or governing body;

     (b) The landlord pays the amounts required by subsections 4, 5 and 6;

     (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before the tenant is required to move his or her manufactured home from the lot; and

     (d) The landlord complies with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

     3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

     (a) The address and telephone number of the Division;

     (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

     (c) Any list published by the Division setting forth the names of mobile home parks within [100] 150 miles that have reported having vacant spaces.

     4.  If the tenant chooses to move the manufactured home:

     (a) The tenant shall, within 75 days after receiving notice of the conversion, notify the landlord in writing of the tenant’s election to move the manufactured home; and

     (b) The landlord shall pay to the tenant:

           (1) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within [100] 150 miles from the manufactured home park; or

           (2) If the new location is more than [100] 150 miles from the manufactured home park, the cost of moving the manufactured home for the first [100] 150 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park.

 


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2011 Statutes of Nevada, Page 276 (Chapter 62, AB 429)

 

     5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

     6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within [100] 150 miles that is willing to accept the manufactured home, the landlord:

     (a) May remove and dispose of the manufactured home; and

     (b) Shall pay to the tenant the fair market value of the manufactured home.

     7.  A landlord shall not increase the rent of any tenant:

     (a) For 180 days before filing an application for a change in land use, permit or variance affecting the manufactured home park; or

     (b) At any time after filing an application for a change in land use, permit or variance affecting the manufactured home park unless:

           (1) The landlord withdraws the application or the appropriate local zoning board, planning commission or governing body denies the application; and

           (2) The landlord continues to operate the manufactured home park after the withdrawal or denial.

     8.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

     (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

     (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

     (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

     9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 6.

     10.  The provisions of this section do not apply to a corporate cooperative park.

     Secs. 6 and 7.  (Deleted by amendment.)

     Sec. 8.  This act becomes effective on July 1, 2011.

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2011 Statutes of Nevada, Page 277

 

CHAPTER 63, AB 538

Assembly Bill No. 538–Committee on Commerce and Labor

 

CHAPTER 63

 

[Approved: May 19, 2011]

 

AN ACT relating to pawnbrokers; revising the rate of interest that may be charged by pawnbrokers; revising the minimum time a pawnbroker must hold certain property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill increases the maximum rate of interest a pawnbroker may charge under certain circumstances from 10 percent to 13 percent. This bill also decreases the required minimum period of time for which a pawnbroker must hold personal property received in pledge from 120 days to 90 days after the date of pledge.

 

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 646.050 is hereby amended to read as follows:

     646.050  1.  A pawnbroker may charge and receive interest at the rate of [10] 13 percent a month for money loaned on the security of personal property actually received in pledge, and a person shall not ask or receive a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property. For any loan made, a pawnbroker may make an initial charge of $5 in addition to interest at the authorized rate.

     2.  All personal property must be held for redemption for at least [120] 90 days after the date of pledge with any pawnbroker.

     3.  A pawnbroker shall give to the person securing the loan a printed receipt clearly showing the amount loaned and rate of interest, together with a description of the pledged property. The receipt must be marked in such a manner that the amounts of principal and interest paid by the person securing the loan can be clearly designated. Each payment must be entered upon the receipt, and each entry must designate how much of the payment is being credited to principal and how much to interest, with dates of payments shown thereon.

     4.  A pawnbroker shall not charge more than $3 per day for the storage of a motor vehicle which is collateral for a loan.

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2011 Statutes of Nevada, Page 278

 

CHAPTER 64, AB 556

Assembly Bill No. 556–Committee on Ways and Means

 

CHAPTER 64

 

[Approved: May 19, 2011]

 

AN ACT relating to the Public Employees’ Benefits Program; changing the fund into which certain subsidies paid for coverage under the Program are deposited; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, each state agency that participates in the Public Employees’ Benefits Program is required to pay to the Program a monthly assessment that is set by law each biennium for each state officer and employee who is employed by the agency on a permanent and full-time basis and who elects to participate in the Program. (NRS 287.044; see, e.g., Chapter 394, Statutes of Nevada 2009, p. 2187) The subsidies paid by state agencies for coverage of their active officers and employees under the Program are currently deposited into the Fund for the Public Employees’ Benefits Program. (NRS 287.0435, 287.044) This bill requires instead that those subsidies be deposited in the Active Employee Group Insurance Subsidy Account within the Agency Fund for the Payroll of the State. This Account is established in this bill. Money from this Account will be transferred to the Fund for the Public Employees’ Benefits Program periodically based on the actual cost of the subsidies for that period.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 287.0435 is hereby amended to read as follows:

     287.0435  1.  Except as otherwise provided in subsection 4 of NRS 287.04362 [,] and subsection 7 of NRS 287.044, all money received for the Program, including, without limitation, [premiums and contributions,] money transferred from the Active Employee Group Insurance Subsidy Account established in NRS 287.044, must be deposited in the State Treasury for credit to the Fund for the Public Employees’ Benefits Program which is hereby created as a trust fund. The Program Fund must be accounted for as an internal service fund. Payments into and disbursements from the Program Fund must be so arranged as to keep the Program Fund solvent at all times.

     2.  The money in the Program Fund must be invested as other money of the State is invested and any income from investments paid into the Program Fund for the benefit of the Program Fund.

     3.  Disbursements from the Program Fund must be made as any other claims against the State are paid and may only be made for the benefit of the participants in the Program.

     4.  The State Treasurer may charge a reasonable fee for the State Treasurer’s services in administering the Program Fund, but the State, the State General Fund and the State Treasurer are not liable to the Program Fund for any loss sustained by the Program Fund as a result of any investment made on behalf of the Program Fund or any loss sustained in the operation of the Program.

 


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2011 Statutes of Nevada, Page 279 (Chapter 64, AB 556)

 

     5.  The Board shall deposit any disbursement received from the Program Fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the Program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.

     Sec. 2.  NRS 287.044 is hereby amended to read as follows:

     287.044  1.  Except as otherwise provided in subsection 2, each participating state agency shall pay to the Program an amount specified by law for every state officer or employee who is employed by a participating public agency on a permanent and full-time basis and elects to participate in the Program.

     2.  A member of the Senate or Assembly who elects to participate in the Program shall pay the entire premium or contribution for the member’s insurance.

     3.  State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of such a premium or contribution must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid pursuant to subsection 1.

     4.  If a state officer or employee chooses to cover any dependents, whenever this option is made available by the Board, except as otherwise provided in NRS 287.021 and 287.0477, the state officer or employee must pay the difference between the amount of the premium or contribution for the coverage for the state officer or employee and such dependents and the amount paid by the participating state agency that employs the officer or employee.

     5.  A participating state agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the Board.

     6.  The Board may allocate the money paid to the Program pursuant to this section between the cost of premiums and contributions for group insurance for each state officer or employee, except a member of the Senate or Assembly, and the dependents of each state officer or employee.

     7.  Any amounts paid to the Program pursuant to subsection 1 must be deposited in the Active Employee Group Insurance Subsidy Account, which is hereby established within the Agency Fund for the Payroll of the State created by NRS 227.130. Money in the Account must be used solely for the purposes of subsections 1 and 6. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

     Sec. 3.  This act becomes effective on July 1, 2011.

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2011 Statutes of Nevada, Page 280

 

CHAPTER 65, AB 6

Assembly Bill No. 6–Assemblyman Hambrick

 

CHAPTER 65

 

[Approved: May 19, 2011]

 

AN ACT relating to criminal procedure; authorizing courts to allow certain victims of sex trafficking or involuntary servitude who have been convicted of engaging in or soliciting prostitution to have their judgments of conviction vacated; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that it is a crime for anyone to engage in or solicit prostitution, except in a licensed house of prostitution. (NRS 201.354) This bill allows a court to grant a motion to vacate a judgment if the defendant was convicted of engaging in or soliciting prostitution and the defendant’s participation in the offense was the result of having been a victim of sex trafficking or involuntary servitude.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 176.515 is hereby amended to read as follows:

     176.515  1.  The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.

     2.  If trial was by the court without a jury , the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

     3.  Except as otherwise provided in NRS 176.0918, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.

     4.  A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.

     5.  The court may grant a motion to vacate a judgment if:

     (a) The judgment is a conviction for a violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the defendant was not alleged to be a customer of a prostitute;

     (b) The participation of the defendant in the offense was the result of the defendant having been a victim of:

           (1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. งง 7101 et seq.; or

           (2) Involuntary servitude as described in NRS 200.463; and

     (c) The defendant makes a motion under this subsection with due diligence after the defendant has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

     6.  In deciding whether to grant a motion made pursuant to subsection 5, the court shall take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.

 


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safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.

     7.  If the court grants a motion made pursuant to subsection 5, the court:

     (a) Shall vacate the judgment and dismiss the accusatory pleading; and

     (b) May take any additional action that the court deems appropriate under the circumstances.

________

CHAPTER 66, SB 286

Senate Bill No. 286–Senator Rhoads

 

Joint Sponsor: Assemblywoman Smith

 

CHAPTER 66

 

[Approved: May 19, 2011]

 

AN ACT relating to state employees; revising provisions governing the Merit Award Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Merit Award Program is established under existing law to provide awards to state employees who propose suggestions which would reduce or eliminate state expenditures or improve the operation of State Government. (NRS 285.030) The Program is administered by the Merit Award Board. Existing law limits the amount of an award to $500, with a maximum amount of total annual awards limited to $5,000. (NRS 285.070)

       This bill revises the Merit Award Program. Section 11 of this bill provides additional criteria for making a qualifying employee suggestion. Section 12 of this bill requires the Board to annually report information concerning employee suggestions to the Budget Division of the Department of Administration and the Interim Finance Committee. Section 13 of this bill: (1) authorizes the award of 10 percent of the savings resulting from the employee suggestion to the state employee or group of state employees who made the suggestion; (2) provides for the transfer of 50 percent of the savings to the State General Fund; and (3) authorizes the state agency that employs the state employee or group of state employees to retain the remaining 40 percent of the savings to use for one-time nonoperational expenses such as training and equipment. Awards that exceed $5,000 require the approval of the Interim Finance Committee. Under section 13, awards are paid in two installments consisting of one payment after the end of the first fiscal year during which the employee suggestion was adopted and one payment after the end of the subsequent fiscal year.

 

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 285 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 this chapter, unless the context otherwise requires, the words and terms defined in NRS 285.010 and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

 


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     Sec. 3.  “Board” means the Merit Award Board.

     Sec. 4.  “Employee suggestion” means a proposal by a state employee or group of state employees which would:

     1.  Reduce, eliminate or avoid state expenditures, whether or not such money would be expended from the State General Fund; or

     2.  Improve the operation of the State Government.

     Sec. 5.  “State agency” has the meaning ascribed to it in NRS 281.195, except that the term does not include a board which is exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

     Sec. 6.  “State employee” means any person employed by a state agency who is not the head of the state agency or a designee of the head of a state agency for the purposes of this chapter.

     Sec. 7.  NRS 285.010 is hereby amended to read as follows:

     285.010  [As used in this chapter unless the context otherwise requires:

     1.]  “Adoption” means the putting of an employee suggestion into effect.

     [2.  “Board” means the Merit Award Board.

     3.  “Employee suggestion” means a proposal by a state employee which would:

     (a) Reduce or eliminate state expenditures; or

     (b) Improve the operation of State Government.

     4.  “Merit award” means an award to a state employee for an adopted suggestion in the form of either the Governor’s certificate of commendation or a cash payment.

     5.  “State employee” means any person employed by a state agency who is not the head of the department.]

     Sec. 8.  NRS 285.020 is hereby amended to read as follows:

     285.020  1.  There is hereby established a Merit Award Program for state employees.

     2.  The award [shall] must be designated as the [Governor’s Award for Achievement of Excellence in State Service.] “Good Government, Great Employees” Award.

     Sec. 9.  NRS 285.030 is hereby amended to read as follows:

     285.030  1.  The controlling authority of the Merit Award Program is the Merit Award Board.

     2.  The Board must be composed of five members as follows:

     (a) Two persons who are members of the [State of Nevada Employees Association] American Federation of State, County and Municipal Employees or its successor, designated by the executive committee of that [association.] Federation or its successor.

     (b) One member from the Budget Division of the Department of Administration appointed by the Chief of the Budget Division.

     (c) One member from the Department of Personnel appointed by the Director of the Department.

     (d) One member appointed by and representing the Governor.

     3.  The member from either the Budget Division of the Department of Administration or from the Department of Personnel must serve as the Secretary of the Board.

     4.  The Board shall adopt regulations for transacting its business and carrying out the provisions of this chapter.

     5.  Within the limits of legislative appropriations, the Board may expend up to $1,000 per year on expenses relating to the operation of the Board.

 


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     Sec. 10.  NRS 285.040 is hereby amended to read as follows:

     285.040  The Board shall investigate, review and evaluate the merits of each [recommendation] proposed [.] employee suggestion in the manner set forth in NRS 285.060.

     Sec. 11.  NRS 285.050 is hereby amended to read as follows:

     285.050  1.  [Every] Except as otherwise provided in this section, any state employee [is eligible to offer] or group of state employees may make an employee suggestion.

     2.  To be eligible for an award [an] pursuant to NRS 285.070, a state employee or group of state employees must [propose a change which is:] make a suggestion:

     (a) Which is not currently under active consideration by the state agency affected [.] ;

     (b) For which the act of developing or proposing is not a normal part of the job duties of the state employee, whether acting individually or as a member of a group of state employees;

     (c) Which is not within the state employee’s authority or responsibility to carry out or implement, whether acting individually or as a member of a group of state employees;

     (d) Which proposes to do more than merely suggest that an existing policy or procedure be followed correctly;

     (e) Which does not concern an individual grievance or complaint;

     (f) Which would not reduce the quality or quantity of services provided by the relevant state agency; and

     (g) Which would not transfer costs from one state agency to another state agency.

     3.  If duplicate employee suggestions are submitted, only the state employee or group of state employees who makes the first employee suggestion received is eligible for an award [.] pursuant to NRS 285.070.

     4.  Except as otherwise provided in this subsection, a state employee, either individually or as a member of a group of state employees, may not make more than two employee suggestions in any calendar year. For any employee suggestion made by a state employee, either individually or as a member of a group of state employees, that is approved in a calendar year, the state employee may make one additional employee suggestion during the calendar year.

     Sec. 12.  NRS 285.060 is hereby amended to read as follows:

     285.060  1.  [Employee suggestions shall be submitted] An employee suggestion must be made in writing to the Board.

     2.  The Board may , in consultation with the Budget Division of the Department of Administration and the Interim Finance Committee, establish such additional standards for the making and submission of employee suggestions as it deems proper.

     3.  [The] Upon receiving an employee suggestion pursuant to subsection 1, the Secretary of the Board shall [receive, record] :

     (a) Record and acknowledge receipt of [suggestions, and shall notify the suggestor] the employee suggestion;

     (b) Notify the state employee or each state employee of a group of state employees who made the employee suggestion of any undue delays in the consideration of the employee suggestion [.

     4.  Suggestions shall be referred] ; and

 


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     (c) Refer the employee suggestion at once to the head of the state agency or agencies affected , or his or her designee, for consideration.

     4.  Within 30 days after receiving an employee suggestion that is referred pursuant to subsection 3, the head of the state agency , or his or her designee, shall report [its] his or her findings and recommendations to the Board. The [agency] report [shall] must indicate:

     (a) Whether [a] the employee suggestion has been adopted.

     (b) If adopted [, the] :

           (1) The day on which [a] the employee suggestion was placed in effect.

     [(c) If adopted, any]

           (2) The actual or estimated reduction, elimination or avoidance of expenditures or any improvement in operations made possible by [an employee’s] the employee suggestion.

     [(d)] (3) If the employee suggestion was made by a group of state employees, a recommendation of the distribution of any potential award made pursuant to NRS 285.070 to each state employee in the group. Such a distribution must be proportionate, fair and equitable based on the contributions by each state employee to the employee suggestion.

     (c) If rejected, the reasons for rejection.

     (d) If applicable, whether legislation will be required before the employee suggestion may be adopted.

     5.  The Board shall [review agency] :

     (a) Review the findings and recommendations of the state agency and may obtain additional information or take such other action as is necessary for prompt, thorough and impartial consideration of each employee suggestion.

     [6.  The Board shall evaluate]

     (b) Evaluate each employee suggestion, taking into consideration [agency] any action [,] by the state agency, staff recommendations and the objectives of the Merit Award Program. [For each suggestion eligible for an award the Board shall formulate an official recommendation covering the merit of the suggestion, and the amount of recommended award.]

     (c) Monitor the efficacy and progress of employee suggestions that have been adopted and placed into effect.

     (d) Provide a report to the Budget Division of the Department of Administration and the Interim Finance Committee not later than 30 days after the end of each fiscal year summarizing, for that fiscal year:

           (1) The employee suggestions that were rejected by state agencies.

           (2) The employee suggestions that were adopted by state agencies and detailing any actual reduction, elimination or avoidance of expenditures or any improvement in operations made possible by the employee suggestion.

           (3) Any legislation required to be enacted before an employee suggestion may be adopted.

     Sec. 13.  NRS 285.070 is hereby amended to read as follows:

     285.070  1.  [Insofar as it may be equitable and practicable, the amount of the cash award allowed for an employee’s suggestion must be predicated upon the] Except as otherwise provided in this section, after reviewing and evaluating an employee suggestion, the Board, in consultation with the Budget Division of the Department of Administration, may make an award to the state employee or to each state employee of a group of state employees who made the employee suggestion.

 


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2011 Statutes of Nevada, Page 285 (Chapter 66, SB 286)

 

to the state employee or to each state employee of a group of state employees who made the employee suggestion.

     2.  If the amount of a proposed award will exceed $5,000, the award must be approved by the Interim Finance Committee. On a quarterly basis, the Board shall transmit any proposed awards that exceed $5,000 to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee. In acting upon such an award, the Interim Finance Committee shall consider, among other things:

     (a) The reduction, elimination or avoidance of expenditures or any improvement in operations made possible by the employee suggestion; and

     (b) The intent of the Legislature in enacting this chapter.

     3.  An award made pursuant to this section may not exceed:

     (a) Ten percent of the amount of any actual savings to the State [. No cash award may exceed $500.

     2.  Cash payments] , as determined at the end of the second fiscal year after the adoption of the employee suggestion; or

     (b) A total of $25,000,

whichever is less, whether distributed to an individual employee or to a group of state employees who made the employee suggestion.

     4.  Any actual savings to the State resulting from the adoption of an employee suggestion that remains after an award is made pursuant to this section must be distributed as follows:

     (a) Fifty percent must be transferred to the State General Fund; and

     (b) After a revision to the appropriate work program pursuant to NRS 353.220, the remaining balance must be used by the state agency that employs the state employee or the group of state employees who made the employee suggestion for one-time, nonoperational expenses which do not require ongoing maintenance, including, without limitation, training and equipment.

     5.  Awards to employees arising out of adopted employee suggestions must , insofar as is practicable, be paid from money [appropriated by the Legislature for that purpose.

     3.  No more than $5,000 each fiscal year may be distributed as cash payments to employees pursuant to NRS 285.010 to 285.070, inclusive.] other than money in the State General Fund.

     6.  The total amount of an award made pursuant to this section must be paid in two equal installments. The first installment must be paid not later than 30 days after the end of the fiscal year during which the employee suggestion was adopted, and the second installment must be paid not later than 30 days after the end of the subsequent fiscal year.

     7.  A former state employee is eligible to receive an award pursuant to this section if the person was a state employee at the time he or she made an employee suggestion, or was a member of a group of state employees who made an employee suggestion, that is subsequently adopted.

     8.  An award may not be made for an employee suggestion pursuant to this section until the State has realized a reduction, elimination or avoidance of expenditures or any improvement in operations as a result of the employee suggestion.

     Sec. 13.5.  NRS 218E.405 is hereby amended to read as follows:

     218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

 


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     2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 284.1729, 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

     3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chair appoints such a subcommittee:

     (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

     (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

     (c) The Director of the Legislative Counsel Bureau or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

     Sec. 14.  NRS 285.080 is hereby repealed.

     Sec. 15.  1.  The Fiscal Analysis Division of the Legislative Counsel Bureau shall, on or before October 1, 2011, and in consultation with the Budget Division of the Department of Administration, prepare the form to be used by a state employee or group of state employees in making an employee suggestion.

     2.  As used in this section:

     (a) “Employee suggestion” has the meaning ascribed to it in section 4 of this act.

     (b) “State employee” has the meaning ascribed to it in section 6 of this act.

     Sec. 16.  This act becomes effective upon passage and approval for the purpose of adopting the form described in section 15 of this act, and on October 1, 2011, for all other purposes.

________

 


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2011 Statutes of Nevada, Page 287

 

CHAPTER 67, AB 269

Assembly Bill No. 269–Committee on Judiciary

 

CHAPTER 67

 

[Approved: May 19, 2011]

 

AN ACT relating to criminal procedure; authorizing a defendant to submit a statement concerning the results of a preliminary hearing to a grand jury; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill authorizes a defendant to submit a statement to a grand jury providing whether a preliminary hearing was held and, if so, that the evidence presented at the preliminary hearing was considered insufficient to warrant holding the defendant for trial.

 

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.  NRS 172.145 is hereby amended to read as follows:

     172.145  1.  The grand jury is not bound to hear evidence for the defendant [.] , except that the defendant is entitled to submit a statement which the grand jury must receive providing whether a preliminary hearing was held concerning the matter and, if so, that the evidence presented at the preliminary hearing was considered insufficient to warrant holding the defendant for trial. It is their duty, however, to weigh all evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they shall order that evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.

     2.  If the district attorney is aware of any evidence which will explain away the charge, the district attorney shall submit it to the grand jury.

     3.  The grand jury may invite any person, without process, to appear before the grand jury to testify.

________

 


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2011 Statutes of Nevada, Page 288

 

CHAPTER 68, SB 130

Senate Bill No. 130–Committee on Natural Resources

 

CHAPTER 68

 

[Approved: May 19, 2011]

 

AN ACT relating to off-highway vehicles; authorizing the Department of Motor Vehicles to release certain personal information relating to off-highway vehicles; revising the prospective terms of the members of the Commission on Off-Highway Vehicles; revising the effective date of certain other provisions governing the titling and registration of off-highway vehicles; repealing the prospective transfer of authority to approve the designation of portions of state highways for off-highway vehicle use from the Department of Transportation to the Department of Motor Vehicles; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Department of Motor Vehicles to release certain personal information relating to the driver’s license, identification card, or title or registration of a vehicle of a person and to charge and collect a fee from a person who makes use of files and records of the Department or its various divisions for a private purpose. (NRS 481.063) Section 1 of this bill authorizes the Department to release such personal information relating to off-highway vehicles by clarifying that for purposes of those actions, the term “vehicle” includes an off-highway vehicle.

       In 2009, the provisions of Senate Bill No. 394 were enacted, which provide for the issuance of a certificate of title and registration for an off-highway vehicle by the Department. (Chapter 504, Statutes of Nevada 2009, pp. 3076-3106) Those provisions also: (1) create the Revolving Account for the Assistance of the Department, into which must be deposited all money received by the Department from the Federal Government or any other source to assist the Department in carrying out the provisions of that bill relating to the titling and registration of off-highway vehicles; (2) create the Commission on Off-Highway Vehicles, consisting of 11 members appointed by the Governor; (3) transfer responsibility from the Department of Transportation to the Department of Motor Vehicles to approve the designation of any portion of a state highway as permissible for off-highway vehicle use; and (4) require the Interim Finance Committee, after determining that at least $500,000 is available in the Revolving Account for the Assistance of the Department, to notify the Department of that fact. (Chapter 504, Statutes of Nevada 2009, pp. 3082-85, 3105) The following provisions of that bill became effective upon passage and approval: (1) the provisions creating the Revolving Account for the Assistance of the Department; (2) the provisions governing the appointment of the members of the Commission on Off-Highway Vehicles by the Governor; and (3) the provisions authorizing the Department to adopt regulations to carry out that bill. The remaining provisions of that bill will become effective on July 1, 2011, or 1 year after the date the Interim Finance Committee issues the notice concerning the Revolving Account for the Assistance of the Department, whichever occurs first. If the Interim Finance Committee fails to issue that notice before July 1, 2011, the provisions of that bill expire by limitation on that date. (Chapter 504, Statutes of Nevada 2009, p. 3105)

 


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       Section 2 of this bill requires the Governor, as soon as practicable after July 1, 2011, to appoint: (1) four members of the Commission on Off-Highway Vehicles to terms that expire on January 1, 2013; (2) four members of the Commission to terms that expire on January 1, 2014; and (3) three members of the Commission to terms that expire on January 1, 2015. Section 3 of this bill extends the effective date for most of the remaining provisions of Senate Bill No. 394 by making those provisions effective on July 1, 2012, or 30 days after the Department of Motor Vehicles publishes on its website a statement indicating that it has completed the preparatory administrative tasks that are necessary to carry out the provisions of that bill, whichever occurs first.

       Section 4 of this bill repeals the provision transferring authority to approve designation of any portion of a state highway as permissible for off-highway vehicle use from the Department of Transportation to the Department of Motor Vehicles, and thus returns the authority to approve such designations to the Department of Transportation.

 

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 481.063 is hereby amended to read as follows:

     481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

     2.  Except as otherwise provided in subsection 5, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

     3.  Except as otherwise provided in subsection 2, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

     (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

     (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

     (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

 


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When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

     4.  Except as otherwise provided in subsections 2 and 5 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

     5.  Except as otherwise provided in paragraph (a) and subsection 6, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

     (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

     (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

     (c) In connection with matters relating to:

           (1) The safety of drivers of motor vehicles;

           (2) Safety and thefts of motor vehicles;

           (3) Emissions from motor vehicles;

           (4) Alterations of products related to motor vehicles;

           (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

           (6) Monitoring the performance of motor vehicles;

           (7) Parts or accessories of motor vehicles;

           (8) Dealers of motor vehicles; or

           (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

     (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

     (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

     (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

 


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     (g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

     (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

     (i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

     (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

     (k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:

           (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

           (2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and

           (3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.

     6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

     (a) Each person to whom the information is provided; and

     (b) The purpose for which that person will use the information.

The record must be made available for examination by the Department at all reasonable times upon request.

     7.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

     8.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.

     9.  The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

     (a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

 


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     (b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

     (c) Understands that a record will be maintained by the Department of any information he or she requests; and

     (d) Understands that a violation of the provisions of this section is a criminal offense.

     10.  It is unlawful for any person to:

     (a) Make a false representation to obtain any information from the files or records of the Department.

     (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

     11.  As used in this section [, “personal] :

     (a) “Personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular accidents or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

     (b) “Vehicle” includes, without limitation, an off-highway vehicle as defined in NRS 490.060.

     Sec. 2.  Section 62 of chapter 504, Statutes of Nevada 2009, at page 3105, is hereby amended to read as follows:

      Sec. 62.  1.  As soon as practicable after passage and approval of this act, the Governor shall solicit applications for the appointment of the members of the Commission on Off-Highway Vehicles created by section 16 of this act.

      2.  As soon as practicable after July 1, [2010,] 2011, the Governor shall, after considering each application received pursuant to subsection 1, appoint the members of the Commission on Off-Highway Vehicles who are qualified pursuant to section 16 of this act to initial terms as follows:

      (a) Four members to terms that expire on January 1, [2012.] 2013.

      (b) Four members to terms that expire on January 1, [2013.] 2014.

      (c) Three members to terms that expire on January 1, [2014.] 2015.

     Sec. 3.  Section 63 of chapter 504, Statutes of Nevada 2009, at page 3105, is hereby amended to read as follows:

      Sec. 63.  1.  This section and sections 19.5 and 62.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 19, inclusive, and 20 to 56, inclusive, and 58 to 62, inclusive, of this act become effective:

      (a) Upon passage and approval for purposes of:

           (1) The appointment by the Governor of the members of the Commission on Off-Highway Vehicles created by section 16 of this act; and

           (2) The adoption of regulations to carry out the provisions of this act.

 


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      (b) On July 1, [2011,] 2012, or [1 year] 30 days after the date on which the [Interim Finance Committee issues a notice to the] Department of Motor Vehicles [pursuant to section 62.5 of this act,] publishes on its website a statement indicating that it has completed the preparatory administrative tasks that are necessary to carry out the provisions of this act, whichever occurs first, for all other purposes.

      3.  This section and sections 1 to 56, inclusive, and 58 to 62.5, inclusive, of this act expire by limitation on July 1, [2011,] 2012, if the Interim Finance Committee has not issued a notice to the Department of Motor Vehicles pursuant to section 62.5 of this act before that date.

      4.  Except as otherwise provided in subsection 3, sections 24 and 25 of this act expire by limitation on the date on which the provisions of 42 U.S.C. ง 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

     Sec. 4.  Section 57 of chapter 504, Statutes of Nevada 2009, at page 3103, is hereby repealed.

     Sec. 5.  This act becomes effective upon passage and approval.

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2011 Statutes of Nevada, Page 294

 

CHAPTER 69, SB 248

Senate Bill No. 248–Senators Parks, Lee; Breeden, Copening, Denis, Horsford, Kihuen, Leslie, Manendo, Schneider and Wiener

 

Joint Sponsor: Assemblyman Anderson

 

CHAPTER 69

 

[Approved: May 19, 2011]

 

AN ACT relating to motor vehicles; revising the manner in which drivers of motor vehicles may overtake and pass bicycles or electric bicycles; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prohibits the driver of a motor vehicle from overtaking and passing a bicycle or an electric bicycle unless the driver can do so safely without endangering the person riding the bicycle or electric bicycle. (NRS 484B.270) This bill requires a driver of a motor vehicle to overtake and pass a bicycle or an electric bicycle proceeding in the same direction by: (1) moving the vehicle into the immediate left lane, if there is more than one lane traveling in the same direction and it is safe to move into the lane; or (2) passing to the left of the bicycle or electric bicycle at a distance of not less than 3 feet from the bicycle or electric bicycle.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 484B.270 is hereby amended to read as follows:

     484B.270  1.  The driver of a motor vehicle shall not [:

     (a) Intentionally] intentionally interfere with the movement of a person lawfully riding a bicycle or an electric bicycle . [; or

     (b) Overtake and pass a person riding a bicycle or an electric bicycle unless the driver can do so safely without endangering the person riding the bicycle or electric bicycle.]

     2.  When overtaking or passing a bicycle or electric bicycle proceeding in the same direction, the driver of a motor vehicle shall exercise due care and:

     (a) If there is more than one lane for traffic proceeding in the same direction, move the vehicle to the lane to the immediate left, if the lane is available and moving into the lane is reasonably safe; or

     (b) If there is only one lane for traffic proceeding in the same direction, pass to the left of the bicycle or electric bicycle at a safe distance, which must be not less than 3 feet between any portion of the vehicle and the bicycle or electric bicycle, and shall not move again to the right side of the highway until the vehicle is safely clear of the overtaken bicycle or electric bicycle.

     3.  The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle or an electric bicycle on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles or electric bicycles except:

 


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     (a) When entering or exiting an alley or driveway;

     (b) When operating or parking a disabled vehicle;

     (c) To avoid conflict with other traffic;

     (d) In the performance of official duties;

     (e) In compliance with the directions of a police officer; or

     (f) In an emergency.

     [3.] 4.  Except as otherwise provided in subsection [2,] 3, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles or electric bicycles.

     [4.] 5.  The driver of a motor vehicle shall:

     (a) Exercise due care to avoid a collision with a person riding a bicycle or an electric bicycle; and

     (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.

     [5.] 6.  The operator of a bicycle or an electric bicycle shall not:

     (a) Intentionally interfere with the movement of a motor vehicle; or

     (b) Overtake and pass a motor vehicle unless the operator can do so safely without endangering himself or herself or the occupants of the motor vehicle.

________

CHAPTER 70, SB 406

Senate Bill No. 406–Committee on Transportation

 

CHAPTER 70

 

[Approved: May 19, 2011]

 

AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to waive any fees that would otherwise be imposed against a person for the late renewal of a driver’s license or the registration of a vehicle, if the late renewal resulted from the person being on military deployment; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, if the registration of a vehicle is not renewed before the expiration of the current period of registration for that vehicle, the Department of Motor Vehicles is required to impose penalties as follows: (1) a late registration fee of $6 for each month or part of a month that the registration is delinquent; and (2) a penalty on the late payment of the governmental services tax due in an amount equal to 10 percent of the tax due, but not less than $6. (NRS 371.140, 482.515) Sections 1, 2 and 4 of this bill prohibit the Department from imposing such penalties if the owner of the vehicle was a member of the military deployed to a combat or combat supporting position at the time of the expiration of the prior registration.

 


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       Under existing law, if the holder of a Nevada driver’s license allows the license to expire for a period of 30 days or more, the person is required to pay a penalty of $10 when renewing the license. (NRS 483.386, 483.410) Existing law provides an exception to this penalty if the license expires while the holder is on active duty with any branch of the Armed Forces, but only if the person completes a renewal application within 30 days after his or her discharge. (NRS 483.386) Section 3 of this bill provides an additional exception to the driver’s license renewal penalty for any person whose Nevada driver’s license expires while the person was a member of the military deployed to a combat or combat supporting position. Section 3 defines “military” to mean the Armed Forces of the United States, a reserve component thereof or the National Guard.

 

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

     1.  Notwithstanding any other provision of law, the Department shall not impose an additional fee against the owner of a vehicle for the delinquent or late registration of that vehicle if the owner was a member of the military deployed to a combat or combat supporting position at the time of the expiration of the prior registration.

     2.  Evidence that the owner of a vehicle was a member of the military deployed to a combat or combat supporting position at a particular time must be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.

     3.  As used in this section:

     (a) “Additional fee” means any fine, fee, assessment or other monetary penalty that the Department imposes or collects solely because a vehicle is registered after the date by which it is ordinarily required to be registered. The term does not include a fee or tax that would be due and payable irrespective of the registration of a vehicle being late.

     (b) “Military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

     Sec. 2.  NRS 482.515 is hereby amended to read as follows:

     482.515  1.  Whenever a person operates any vehicle upon the public highways of this State without having paid therefor the registration or transfer fee required by this chapter, the required fee shall be deemed delinquent.

     2.  [If] Except as otherwise provided in section 1 of this act, if the fee for registration is not paid by the end of the last working day of the preceding period of registration, a penalty of $6 must be added for each period of 30 calendar days or fraction thereof during which the delinquency continues, unless the vehicle has not been operated on the highways since the expiration of the prior registration or has not been operated on the highways since the expiration of the temporary placard issued by a vehicle dealer or rebuilder in this State.

 


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continues, unless the vehicle has not been operated on the highways since the expiration of the prior registration or has not been operated on the highways since the expiration of the temporary placard issued by a vehicle dealer or rebuilder in this State. Evidence of nonoperation of a vehicle must be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.

     3.  If the transferee of a vehicle, required to be registered under the provisions of NRS 482.205, has not registered the vehicle within 10 days after the transfer, a penalty of $6 must be added to the fee for registration. The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.

     4.  In addition to the penalties prescribed in subsections 2 and 3, the Department and its agents shall collect the fees for license plates and registration for each period of 30 calendar days, or portion thereof in excess of 15 days, during which the delinquency has continued or for which the vehicle has not been registered pursuant to NRS 482.205.

     Sec. 3.  NRS 483.386 is hereby amended to read as follows:

     483.386  All persons whose licenses have expired may be required by the Department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330. All persons whose licenses have expired for a period of 30 days or more shall pay to the Department the penalty provided in NRS 483.410 in addition to the cost of renewing the license except that the following persons are exempt from this penalty:

     1.  A person who has not driven a motor vehicle after the expiration of his or her Nevada driver’s license and who submits an affidavit stating that fact;

     2.  A person renewing an expired Nevada driver’s license who possesses a valid driver’s license from another jurisdiction;

     3.  A person whose Nevada driver’s license expires during a period of suspension if the person completes a renewal application within 30 days after the date of eligibility for renewal; [and]

     4.  A person whose Nevada driver’s license expires while the person is on active duty with any branch of the Armed Forces, if the person completes a renewal application within 30 days after his or her discharge [.] ; and

     5.  A person whose Nevada driver’s license expires while the person was a member of the military deployed to a combat or combat supporting position. As used in this subsection, “military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

     Sec. 4.  NRS 371.140 is hereby amended to read as follows:

     371.140  1.  Except as otherwise provided in subsection 3 , [and] NRS 482.482 [,] and section 1 of this act, if the governmental services tax for a vehicle for the next period of registration is not paid before the expiration of the current period of registration for that vehicle, a penalty equal to 10 percent of the tax due, but not less than $6, plus the amount of the delinquent tax, must be added to the governmental services tax due for the next period of registration, unless the vehicle has not been operated on the highways since the expiration of the prior registration.

 


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the current period of registration for that vehicle, a penalty equal to 10 percent of the tax due, but not less than $6, plus the amount of the delinquent tax, must be added to the governmental services tax due for the next period of registration, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The Department may retain any penalty so collected.

     2.  Evidence of the nonoperation of a vehicle must be made by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.

     3.  The provisions of this section do not apply to vehicles registered pursuant to NRS 706.841.

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

________

CHAPTER 71, SB 49

Senate Bill No. 49–Committee on Transportation

 

CHAPTER 71

 

[Approved: May 19, 2011]

 

AN ACT relating to public roads; providing that filing by a board of county highway commissioners of a map that includes a county road located on a certain right-of-way constitutes the establishment of the existence and location of a right-of-way that is open for public use; providing that acceptance by the Department of Transportation of that map constitutes acknowledgment by the Department of the establishment of the existence and location of a right-of-way that is open for public use; authorizing the board of county highway commissioners in certain counties to locate and determine the width of certain rights-of-way and to open those rights-of-way for public use; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Currently in Nevada, many roads are popularly referred to as “R.S. 2477 roads.” R.S. 2477 roads are roads that exist on public rights-of-way granted pursuant to 43 U.S.C. ง 932, a federal law passed in 1866 and stating, “[t]he right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” In 1976, the United States Congress repealed the provisions of 43 U.S.C. ง 932 by enacting the Federal Land Policy and Management Act of 1976 (43 U.S.C. งง 1701 et seq.). However, section 701 of that Act also included a savings provision concerning R.S. 2477 roads that provided that “[n]othing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on [October 21, 1976].” (43 U.S.C. ง 1701 note (Savings Provisions)) Therefore, valid R.S. 2477 rights-of-way continue to exist, and under existing state law, any board of county commissioners may locate and determine the width of those rights-of-way and may locate and open R.S. 2477 roads on those rights-of-way. (NRS 405.191)

 


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       Existing law also creates, in counties whose population is less than 100,000 (currently counties other than Clark and Washoe Counties), a board of county highway commissioners, composed of the regularly elected and qualified county commissioners. (NRS 403.005, 403.010, 403.020) A board of county highway commissioners has the authority to lay out and designate main, general and minor county roads and are required, upon so laying out and designating such roads, to create a county map showing the roads and their designations and to file copies of the map with the clerk of the board of county highway commissioners, the county clerk, the county recorder and the Department of Transportation. (NRS 403.170, 403.190) Section 1 of this bill provides that the filing of the copies of the map constitutes the establishment of the existence and location of an R.S. 2477 right-of-way that is open for public use. Section 1 also provides that acceptance of the map by the Department constitutes acknowledgment by the Department of the establishment of the existence and location of an R.S. 2477 right-of-way that is open for public use. Section 2 of this bill confers authority upon a board of county highway commissioners to locate and determine the width of an R.S. 2477 right-of-way and to open that right-of-way for public use for the purpose of designating county roads within the county and taking certain other authorized actions concerning the R.S. 2477 right-of-way.

 

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 403.190 is hereby amended to read as follows:

     403.190  1.  Except as otherwise provided in subsection [3,] 4, upon laying out and designating the county roads as required in NRS 403.170, the board of county highway commissioners shall cause a map of the county to be made, showing the county roads and their designations. The board shall file one copy of the map with the clerk of the board of county highway commissioners, one copy with the Department of Transportation, one copy with the county clerk and one copy with the county recorder.

     2.  If the map required pursuant to subsection 1 includes a county road located on a right-of-way that the board of county highway commissioners has located, determined the width of and opened for public use pursuant to subsection 2 of NRS 405.191:

     (a) The filing of copies of the map pursuant to subsection 1 constitutes the establishment of the existence and location of a right-of-way that is open for public use; and

     (b) Acceptance of the map by the Department of Transportation constitutes acknowledgment by the Department of the establishment of the existence and location of a right-of-way that is open for public use.

     3.  When any road has been designated by the board of county highway commissioners as a standard county road, as provided in NRS 403.180, that designation must be made on the copies of the map on file with the clerk of the board of county highway commissioners, the county clerk, the Department of Transportation and the county recorder.

     [3.] 4.  The board of county highway commissioners need not include a minor county road upon the map required by subsection 1. Any person who uses a minor county road may file with the county recorder a map showing the location of the road, appropriately emphasized in black ink upon the map by the person filing it. The map must:

 


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2011 Statutes of Nevada, Page 300 (Chapter 71, SB 49)

 

     (a) Be a topographical map prepared by the United States Geological Survey, unless the board of county highway commissioners determines that other specific maps are acceptable.

     (b) Have written on its face, in black ink, the townships, ranges and sections through which the road traverses.

The map so filed is evidence of the existence and location of the road. Each person filing such a map shall pay to the county recorder a fee of $17 for the first sheet of the map plus $10 for each additional sheet.

     Sec. 2.  NRS 405.191 is hereby amended to read as follows:

     405.191  As used in NRS 405.193 and 405.195, “public road” includes:

     1.  A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.

     2.  Any way which exists upon a right-of-way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. ง 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979. [Each] Except as otherwise provided in this subsection, each board of county commissioners may locate and determine the width of such rights-of-way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right-of-way pursuant to former 43 U.S.C. ง 932. In a county in which a board of county highway commissioners has exclusive control of all matters relating to the construction, repairing and maintaining of public highways, roads and bridges within the county pursuant to NRS 403.090, the board of county highway commissioners may locate and determine the width of those rights-of-way and open those rights-of-way for public use for the purpose of designating county roads pursuant to NRS 403.170 or taking any other action concerning those rights-of-way pursuant to chapter 403 of NRS.

     3.  Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.

     Sec. 3.  This act becomes effective on July 1, 2011.

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2011 Statutes of Nevada, Page 301

 

CHAPTER 72, SB 84

Senate Bill No. 84–Senator Manendo

 

CHAPTER 72

 

[Approved: May 19, 2011]

 

AN ACT relating to highways; revising certain provisions relating to roadblocks; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes police officers to establish administrative and temporary roadblocks upon the highways of this State in certain circumstances. Existing law also sets forth certain requirements regarding such roadblocks for the purpose of warning and protecting the traveling public. (NRS 484B.570, 484B.573) During an administrative roadblock, one such requirement includes the placement of warning signs on the side of the highway not less than one-quarter of a mile from the point of the roadblock. (NRS 484B.570) Section 1 of this bill revises this requirement and specifies that the warning signs must be placed not less than one-quarter of a mile from the entrance to the roadblock on a highway in a rural area, and not less than 700 feet from the entrance to the roadblock on a highway in an urban area. Sections 1 and 2 of this bill specify that other required objects which are used to warn the traveling public of an administrative or temporary roadblock must be placed at the entrance to the roadblock or at a certain distance from the entrance to the roadblock.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 484B.570 is hereby amended to read as follows:

     484B.570  1.  The police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.

     2.  To warn and protect the traveling public, administrative roadblocks established by police officers must meet the following requirements:

     (a) The administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction.

     (b) At the [point of] entrance to the administrative roadblock [, a] :

           (1) A sign must be placed near the centerline of the highway displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the administrative roadblock, either in daytime or darkness.

     [(c)] (2) At [the same point of the administrative roadblock, at] least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, clearly visible to the oncoming traffic at a distance of not less than 100 yards.

     [(d) At a distance of not less than one-quarter of a mile from the point of the administrative roadblock, warning]

     (c) Warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead [. A] , and a burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the [sign.]

 


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2011 Statutes of Nevada, Page 302 (Chapter 72, SB 84)

 

lantern must be placed near the signs to attract the attention of the traffic to the [sign.] signs. The signs must be placed at a distance of not less than:

           (1) One-quarter of a mile from the entrance to the administrative roadblock if the portion of the highway containing the administrative roadblock is in a rural area.

           (2) Seven hundred feet from the entrance to the administrative roadblock if the portion of the highway containing the administrative roadblock is in an urban area.

     Sec. 2.  NRS 484B.573 is hereby amended to read as follows:

     484B.573  1.  The police officers in this State may establish, in their respective jurisdictions, or in other jurisdictions within this State, temporary roadblocks upon the highways of this State:

     (a) To apprehend persons known to be wanted for violation of the laws of this State, another state or the United States, and using the highways of this State for the purpose of escape; or

     (b) To control traffic at or near the scene of a potential or existing emergency or hazard.

     2.  To warn and protect the traveling public, temporary roadblocks established by police officers must meet the following requirements:

     (a) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.

     (b) At the [point of] entrance to the temporary roadblock [, an] :

           (1) An authorized emergency vehicle, plainly and clearly marked as such and with its warning lights in operation, must be placed so as to be clearly visible to traffic affected by the temporary roadblock at a distance of not less than 100 yards. When so placed, at least one of the vehicle’s flashing red lights must be visible to approaching traffic at a distance of not less than 100 yards.

     [(c) At the same point of the temporary roadblock, sufficient]

           (2) Sufficient cones, reflectors, burning flares or similar devices must be in place to identify the [point of] entrance to the temporary roadblock and direct, as necessary, the path to be followed by a vehicle approaching the temporary roadblock. The devices, when in place, must be clearly visible to traffic affected by the temporary roadblock at a distance of not less than 100 yards.

     [(d)] (c) At a point located not less than 200 yards, but not more than 400 yards, from the [point of] entrance to the temporary roadblock, cones, reflectors, burning flares or similar devices must be placed on both shoulders of the highway and near the centerline of the highway to warn traffic that a condition hazardous to traffic exists in the immediate vicinity.

________

 


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2011 Statutes of Nevada, Page 303

 

CHAPTER 73, SB 408

Senate Bill No. 408–Committee on Transportation

 

CHAPTER 73

 

[Approved: May 19, 2011]

 

AN ACT relating to motor vehicles; revising provisions governing the issuance of special license plates; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Department of Motor Vehicles is prohibited from, at any one time, issuing more than 25 separate designs of special license plates. (NRS 482.367008) This bill raises the maximum number of separate designs of special license plates that the Department may issue, at any one time, from 25 to 30.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 482.367008 is hereby amended to read as follows:

     482.367008  1.  As used in this section, “special license plate” means:

     (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

     (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

     (c) Except for a license plate that is issued pursuant to NRS 482.3785, a license plate that:

           (1) Is approved by the Legislature after July 1, 2005; and

           (2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.

     2.  Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than [25] 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than [25,] 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of [25] 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.

     3.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed.

 


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2011 Statutes of Nevada, Page 304 (Chapter 73, SB 408)

 

special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

     (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

     (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

     4.  Except as otherwise provided in subsection 6, if, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

     (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

     (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

the Director shall provide notice of that fact in the manner described in subsection 5.

     5.  The notice required pursuant to subsection 4 must be provided:

     (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

     (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

     6.  If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

     (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

     (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

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

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2011 Statutes of Nevada, Page 305

 

CHAPTER 74, AB 161

Assembly Bill No. 161–Assemblyman Anderson

 

CHAPTER 74

 

[Approved: May 20, 2011]

 

AN ACT relating to crimes; revising provisions governing the crime of trespassing; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a person who commits the crime of trespassing is guilty of a misdemeanor. (NRS 207.200) Existing law further provides that, except when a person solicits a child for prostitution, a person who engages in prostitution or solicitation for prostitution is also guilty of a misdemeanor. (NRS 201.354) A person who is convicted of a misdemeanor generally must be punished by: (1) imprisonment in the county jail for not more than 6 months; (2) a fine of not more than $1,000; or (3) both imprisonment and a fine. Alternatively, instead of all or a portion of such punishment, a person may be sentenced to perform community service. (NRS 193.150)

       This bill provides that if a person is convicted of trespassing on the premises of a licensed gaming establishment and the person has been previously convicted of three violations of engaging in or soliciting for prostitution within the immediately preceding 5 years, the court may suspend proceedings against the person under certain circumstances and place the person on probation upon terms and conditions that must include attendance and successful completion of a counseling or educational program or, if the person is dependent upon drugs, a program of treatment and rehabilitation. Before the person is assigned to any such program, he or she must agree to pay the costs associated with the program to the extent of his or her available financial resources. If the person violates any term or condition, the court may enter a judgment of conviction and punish the person by: (1) a fine of $1,000; (2) imprisonment in the county jail for not more than 6 months; or (3) both fine and imprisonment. A person may also be sentenced to perform community service instead of all or a portion of such punishment. If the person fulfills the terms and conditions, the court must discharge the person and dismiss the proceedings against him or her. This bill also specifies that such discharge and dismissal by the court is not a conviction for any purpose other than determining additional penalties imposed for second or subsequent convictions or the setting of bail. However, a person may be discharged by the court and have the proceedings dismissed only once under such provisions.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1 and 2.  (Deleted by amendment.)

     Sec. 2.5.  Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Unless a greater penalty is provided pursuant to NRS 200.603, any person who commits a violation of NRS 207.200 by trespassing on the premises of a licensed gaming establishment and who has previously been convicted of three violations of NRS 201.354 within the immediately preceding 5 years is guilty of a misdemeanor and shall be punished by:

     (a) A fine of $1,000;

     (b) Imprisonment in the county jail for not more than 6 months; or

 


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2011 Statutes of Nevada, Page 306 (Chapter 74, AB 161)

 

     (c) Both fine and imprisonment.

In lieu of all or a part of the punishment which may be imposed pursuant to this subsection, the person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

     2.  The court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of a counseling or educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

     3.  Upon violation of a term or condition, the court may enter a judgment of conviction and punish the person as provided in subsection 1.

     4.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her.

     5.  Except as otherwise provided in subsection 6, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the person for any purpose. Discharge and dismissal under this section may only occur once with respect to any person.

     6.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

     7.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

     8.  As used in this section, “licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

     Sec. 3.  The amendatory provisions of this act apply to offenses committed before October 1, 2011, for the purpose of determining whether a person is subject to the provisions of subsection 1 of section 2.5 of this act.

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2011 Statutes of Nevada, Page 307

 

CHAPTER 75, AB 408

Assembly Bill No. 408–Assemblymen Segerblom and Flores

 

CHAPTER 75

 

[Approved: May 20, 2011]

 

AN ACT relating to the administration of justice; restricting the use of restraints on pregnant females who are in confinement; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 1 and 2 of this bill prohibit the use of restraints on a prisoner who is in labor, delivering a baby or recuperating from delivery unless the prisoner presents a risk of harm or flight. If restraints are used on a prisoner who is in labor, delivering a baby or recuperating from delivery, the restraints used must be the least restrictive restraints which are necessary to ensure safety and security.

       Sections 3 and 4 of this bill provide for the same prohibitions and limitations on the use of restraints on pregnant children confined in a state, local or private facility or institution for the detention of children.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  No restraints of any kind may be used on an offender who is in labor, delivering her baby or recuperating from delivery unless there are compelling reasons to believe that the offender presents:

     (a) A serious and immediate threat of harm to herself, staff or others; or

     (b) A substantial flight risk and cannot be reasonably confined by other means.

     2.  If an offender who is in labor, delivering her baby or recuperating from delivery is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.

     Sec. 2.  Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  No restraints of any kind may be used on a prisoner who is in labor, delivering her baby or recuperating from delivery unless there are compelling reasons to believe that the prisoner presents:

     (a) A serious and immediate threat of harm to herself, staff or others; or

     (b) A substantial flight risk and cannot be reasonably confined by other means.

     2.  If a prisoner who is in labor, delivering her baby or recuperating from delivery is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.

 


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     Sec. 3.  Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  No restraints of any kind may be used on a child who is in labor, delivering her baby or recuperating from delivery unless there are compelling reasons to believe that the child presents:

     (a) A serious and immediate threat of harm to herself, staff or others; or

     (b) A substantial flight risk and cannot be reasonably confined by other means.

     2.  If a child who is in labor, delivering her baby or recuperating from delivery is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.

     Sec. 4.  Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  No restraints of any kind may be used on a child who is in labor, delivering her baby or recuperating from delivery unless there are compelling reasons to believe that the child presents:

     (a) A serious and immediate threat of harm to herself, staff or others; or

     (b) A substantial flight risk and cannot be reasonably confined by other means.

     2.  If a child who is in labor, delivering her baby or recuperating from delivery is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.

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2011 Statutes of Nevada, Page 309

 

CHAPTER 76, AB 244

Assembly Bill No. 244–Assemblymen Segerblom and Ohrenschall

 

CHAPTER 76

 

[Approved: May 20, 2011]

 

AN ACT relating to real property; enacting the Uniform Partition of Heirs Property Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides procedures for civil actions to partition real property which is owned by two or more persons as joint tenants or tenants in common. (NRS 39.010-39.490) This bill enacts the Uniform Partition of Heirs Property Act to provide supplemental procedures and to replace certain provisions of existing law in actions to partition heirs property. Under section 8 of this bill, heirs property is real property owned by two or more persons as tenants in common where: (1) the property is not subject to an agreement governing its partition; (2) one or more of the cotenants acquired title from a relative; and (3) a certain percentage of the interests in the property are owned by relatives or an individual who acquired title from a relative or a certain percentage of the persons who own interests in the property are relatives of each other.

       Section 13 of this bill requires the court hearing an action to partition real property to determine whether the property is heirs property. If pursuant to section 13 the property is heirs property, section 16 of this bill requires the court to determine the fair market value of the real property assuming sole ownership of the entire property by: (1) ordering an appraisal by a disinterested real estate appraiser licensed in this State; (2) adopting the value agreed to by the cotenants or produced by the method of valuation agreed to by the cotenants; or (3) determining the fair market value of the property after an evidentiary hearing before the court.

       Section 17 of this bill provides, as a first alternative to a partition of heirs property by sale, a mechanism for the buyout of the interests of persons who requested the sale and a method for determining the purchase price of those interests based on the court’s determination of the fair market value of the property. If all the interests of the cotenants that requested the partition of the property by sale are not purchased or if there is a cotenant requesting a partition by physical division of the property, section 18 of this bill requires the court to order such a partition unless the court, after considering certain factors listed in section 19 of this bill, finds that such a partition will result in great prejudice to the cotenants as a group. Under section 18, if the court makes such a finding and if a cotenant has requested a sale of the property, the court must order the sale of the property. Section 20 of this bill requires any sale of heirs property which is ordered by the court to be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. Section 20 also provides for the appointment of a real estate broker licensed in this State to offer the property for sale and the procedures to be followed by the broker in selling the property.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 39 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

     Sec. 2.  Sections 2 to 23, inclusive, of this act may be cited as the Uniform Partition of Heirs Property Act.

 


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2011 Statutes of Nevada, Page 310 (Chapter 76, AB 244)

 

     Sec. 3.  As used in this sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

     Sec. 5.  “Collateral” means an individual who is related to another individual under the law of intestate succession of this State but who is not the other individual’s ascendant or descendant.

     Sec. 6.  “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual.

     Sec. 7.  “Determination of value” means an order of a court determining the fair market value of heirs property under section 16 or 20 of this act or adopting the valuation of the property agreed to by all cotenants.

     Sec. 8.  “Heirs property” means real property held in tenancy in common which satisfies all the following requirements as of the filing of a partition action:

     1.  There is no agreement in a record binding all the cotenants which governs the partition of the property.

     2.  One or more of the cotenants acquired title from a relative, whether living or deceased.

     3.  Any of the following applies:

     (a) Twenty percent or more of the interests are held by cotenants who are relatives;

     (b) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

     (c) Twenty percent or more of the cotenants are relatives.

     Sec. 9.  “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids or open-market sale conducted under section 20 of this act.

     Sec. 10.  “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.

     Sec. 11.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

     Sec. 12.  “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this State other than sections 2 to 23, inclusive, of this act.

     Sec. 13.  1.  In an action to partition real property under NRS 39.010 to 39.490, inclusive, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under sections 2 to 23, inclusive, of this act, unless all the cotenants agree otherwise in a record.

     2.  Sections 2 to 23, inclusive, of this act supplement the provisions of NRS 39.010 to 39.490, inclusive, and, if an action is governed by sections 2 to 23, inclusive, of this act, replace provisions of NRS 39.010 to 39.490, inclusive, that are inconsistent with sections 2 to 23, inclusive, of this act.

     Sec. 14.  1.  Sections 2 to 23, inclusive, of this act do not limit or affect the method by which service of a summons and complaint in a partition action may be made.

 


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2011 Statutes of Nevada, Page 311 (Chapter 76, AB 244)

 

     2.  If the plaintiff in a partition action seeks to provide notice by publication pursuant to NRS 39.060 and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post, and maintain while the action is pending, a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.

     Sec. 15.  If the court appoints a master pursuant to the provisions of NRS 39.010 to 39.490, inclusive, each master, in addition to the requirements and disqualifications applicable to masters in NRS 39.010 to 39.490, inclusive, must be disinterested, impartial and neither a party to nor a participant in the action.

     Sec. 16.  1.  Except as otherwise provided in subsections 2 and 3, if the court determines that the property which is the subject of the partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection 4.

     2.  If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

     3.  If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.

     4.  If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this State to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.

     5.  If an appraisal is conducted pursuant to subsection 4, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:

     (a) The appraised fair market value of the property;

     (b) That the appraisal is available at the clerk of the court’s office; and

     (c) That a party may object to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.

     6.  If an appraisal is filed with the court pursuant to subsection 4, the court shall conduct a hearing to determine the fair market value of the property not earlier than 30 days after a copy of the notice of appraisal is sent to each party under subsection 5, whether or not an objection to the appraisal is filed under paragraph (c) of subsection 5. In addition to the court-ordered appraisal, the court may consider any other evidence of value that is offered by a party.

     7.  After the hearing under subsection 6, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.

     Sec. 17.  1.  If any cotenant requested partition by sale, after the determination of value under section 16 of this act, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy the interest of any cotenant that requested partition by sale.

 


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2011 Statutes of Nevada, Page 312 (Chapter 76, AB 244)

 

     2.  Not later than 45 days after the notice is sent under subsection 1, any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale.

     3.  The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under section 16 of this act multiplied by that cotenant’s fractional ownership of the entire parcel.

     4.  After expiration of the period in subsection 2, the following rules apply:

     (a) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.

     (b) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant’s existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.

     (c) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under subsections 1 and 2 of section 18 of this act.

     5.  If the court sends notice to the parties under either paragraph (a) or (b) of subsection 4, the court shall set a date, not earlier than 60 days after the date the notice was sent, by which electing cotenants must pay their apportioned price into the court. After this date, the following rules apply:

     (a) If all electing cotenants timely pay their apportioned price, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.

     (b) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under subsections 1 and 2 of section 18 of this act as if the interests of the cotenants that requested partition by sale were not purchased.

     (c) If one or more but not all the electing cotenants fail to timely pay their apportioned price, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.

     6.  Not later than 20 days after the court gives the notice described in paragraph (c) of subsection 5, any cotenant that paid may elect to purchase all the remaining interest by paying the entire price to the court. After the 20-day period, the following rules apply:

     (a) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating all the interests of all the cotenants and disburse the amounts held by the court to the persons entitled to them.

 


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2011 Statutes of Nevada, Page 313 (Chapter 76, AB 244)

 

     (b) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under subsections 1 and 2 of section 18 of this act as if the interests of the cotenants that requested partition by sale were not purchased.

     (c) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant’s original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all the cotenants’ interests, disburse the amounts held by the court to the persons entitled to them and promptly refund any excess payment held by the court.

     7.  Not later than 45 days after the court sends notice to the parties pursuant to subsection 1, any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.

     8.  If the court receives a timely request under subsection 7, the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations:

     (a) A sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections 1 to 6, inclusive, have been paid into the court and those interests have been reallocated among the cotenants as provided in those subsections; and

     (b) The purchase price for the interest of a nonappearing cotenant is based on the court’s determination of value under section 16 of this act.

     Sec. 18.  1.  If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 17 of this act or if, after conclusion of the buyout under section 17 of this act, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in section 19 of this act, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

     2.  If the court does not order partition in kind under subsection 1, the court shall order partition by sale pursuant to section 20 of this act or, if no cotenant requested partition by sale, the court shall dismiss the action.

     3.  If the court orders partition in kind pursuant to subsection 1, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

     4.  If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable or are the subject of a default judgment, if their interests were not bought out pursuant to section 17 of this act, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.

 


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2011 Statutes of Nevada, Page 314 (Chapter 76, AB 244)

 

     Sec. 19.  1.  In determining under subsection 1 of section 18 of this act whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:

     (a) Whether the heirs property practicably may be divided among the cotenants;

     (b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which the court-ordered sale likely would occur;

     (c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of that cotenant or each other;

     (d) A cotenant’s sentimental attachment to the property, including, without limitation, any attachment arising because the property has ancestral or other unique or special value to the cotenant;

     (e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;

     (f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance or upkeep of the property; and

     (g) Any other relevant factor.

     2.  The court may not consider any one factor in subsection 1 to be dispositive without weighing the totality of all relevant factors and circumstances.

     Sec. 20.  1.  If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.

     2.  If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court shall appoint that broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this State to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price not lower than the determination of value and on the terms and conditions established by the court.

     3.  If the broker appointed under subsection 2 obtains within a reasonable time an offer to purchase the property for at least the determination of value:

     (a) The broker shall comply with the reporting requirements set forth in section 21 of this act; and

     (b) The sale may be completed in accordance with state law other than sections 2 to 23, inclusive, of this act.

     4.  If the broker appointed under subsection 2 does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:

 


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2011 Statutes of Nevada, Page 315 (Chapter 76, AB 244)

 

     (a) Approve the highest outstanding offer, if any;

     (b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or

     (c) Order that the property be sold by sealed bids or at an auction.

     5.  If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under the provisions of NRS 39.010 to 39.490, inclusive.

     6.  If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.

     Sec. 21.  1.  Unless required to do so within a shorter time by NRS 39.010 to 39.490, inclusive, a broker appointed under subsection 2 of section 20 of this act to offer heirs property for open-market sale shall file a report not later than 7 days after receiving an offer to purchase the property for at least the value determined under section 16 or 20 of this act.

     2.  The report required by subsection 1 must contain the following information:

     (a) A description of the property to be sold to each buyer;

     (b) The name of each buyer;

     (c) The proposed purchase price;

     (d) The terms and conditions of the proposed sale, including, without limitation, the terms of any owner financing;

     (e) The amounts to be paid to lienholders;

     (f) A statement of contractual or other arrangements or conditions of the broker’s commission; and

     (g) Other material facts relevant to the sale.

     Sec. 22.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

     Sec. 23.  Sections 2 to 23, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. งง 7001 et seq., but do not modify, limit or supersede section 101(c) of that act, 15 U.S.C. ง 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. ง 7003(b).

     Sec. 24.  The amendatory provisions of this act apply to an action to partition real property pursuant to NRS 39.010 to 39.040, inclusive, that is filed on or after October 1, 2011.

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2011 Statutes of Nevada, Page 316

 

CHAPTER 77, AB 271

Assembly Bill No. 271–Assemblymen Bustamante Adams, Horne and Conklin

 

CHAPTER 77

 

[Approved: May 20, 2011]

 

AN ACT relating to real property; providing for the regulation of private transfer fee obligations affecting real property; providing that certain such obligations are void and unenforceable; revising the disclosures that a seller of real property must make to a buyer to include certain information concerning such obligations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill regulates the imposition of private transfer fee obligations upon the transfer of an interest in real property in this State. Section 6 of this bill defines a “private transfer fee obligation” to mean an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant or agreement, or to his or her successors or assigns, upon a subsequent transfer of an interest in the real property. Section 9 of this bill sets forth the finding and declaration of the Legislature that a private transfer fee obligation violates the public policy of this State by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on the alienation of real property. Section 10 of this bill provides that certain private transfer fee obligations that are created or recorded in this State on or after the date of passage and approval of this bill are void and unenforceable. Sections 11 and 12 of this bill require the payee under a private transfer fee obligation that was created before the date of passage and approval of this bill to record, on or before July 31, 2012, in the office of the county recorder of the county in which the real property that is subject to the private transfer fee obligation is located, a notice which includes certain specified information and to respond timely to a request for a written statement of the amount of the transfer fee due upon the sale of the real property, and provides that the private transfer fee obligation becomes void and unenforceable upon failure to comply with either requirement. In addition, section 13 of this bill imposes civil liability upon a person who fails to comply with either of these requirements or who creates or records a private transfer fee obligation in the person’s favor on or after the date of passage and approval of this bill. Section 14 of this bill revises the disclosures that a seller of real property must make to a buyer by requiring a seller of real property that is subject to a private transfer fee obligation to furnish to the buyer a written statement which discloses the existence of the private transfer fee obligation, includes a description of the private transfer fee obligation and sets forth a notice which includes information concerning applicable state laws and the effect that such an obligation may have on the value of the property.

 


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2011 Statutes of Nevada, Page 317 (Chapter 77, AB 271)

 

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 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

     Sec. 2.  As used in sections 2 to 13, inclusive, of this act, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 3.  “Buyer” includes, without limitation, a grantee or other transferee of an interest in real property.

     Sec. 4.  “Payee” means the natural person to whom or the entity to which a private transfer fee is to be paid and the successors or assigns of the natural person or entity.

     Sec. 5.  1.  “Private transfer fee” means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in real property, or payable for the right to make or accept such a transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the interest in real property or the purchase price or other consideration paid for the transfer of the interest in real property.

     2.  The term does not include any:

     (a) Consideration payable by the buyer to the seller for the interest in real property being transferred, including any subsequent additional consideration payable by the buyer based upon any subsequent appreciation, development or sale of the property if the additional consideration is payable on a one-time basis only and the obligation to make the payment does not bind successors in title to the property;

     (b) Commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the seller or buyer, including any subsequent additional commission payable by the seller or buyer based upon any subsequent appreciation, development or sale of the property;

     (c) Interest, charge, fee or other amount payable by a borrower to a lender pursuant to a loan secured by a mortgage on real property, including, without limitation, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property, any amount paid to the lender pursuant to an agreement which gives the lender the right to share in any subsequent appreciation in the value of the property, and any other consideration payable to the lender in connection with the loan;

     (d) Rent, reimbursement, charge, fee or other amount payable by a lessee to a lessor under a lease, including, without limitation, any fee payable to the lessor for consenting to any assignment, subletting, encumbrance or transfer of the lease;

     (e) Consideration payable to the holder of an option to purchase an interest in real property or to the holder of a right of first refusal to purchase an interest in real property for waiving, releasing or not exercising the option or right upon the transfer of the real property to another person;

 


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2011 Statutes of Nevada, Page 318 (Chapter 77, AB 271)

 

     (f) Tax, fee, charge, assessment, fine or other amount payable to or imposed by a governmental entity;

     (g) Fee, charge, assessment, fine or other amount payable to an association of property owners or any other form of organization of property owners, including, without limitation, a unit-owners’ association or master association of a common-interest community, a unit-owners’ association of a condominium hotel or an association of owners of a time-share plan, pursuant to a declaration, covenant or specific statute applicable to the association or organization; or

     (h) Fee or charge payable to the master developer of a planned community by the first purchaser of each lot in the planned community in the event that the first purchaser fails to construct and obtain a municipal certificate of occupancy for a residence on the lot and retain ownership of the residence for 1 year before conveying the residence, provided that the obligation of the first purchaser of the lot to pay the fee or charge is on a one-time basis only and does not bind subsequent purchasers of the lot.

     Sec. 6.  “Private transfer fee obligation” means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant or agreement, or to his or her successors or assigns, upon a subsequent transfer of an interest in the real property.

     Sec. 7.  “Seller” includes, without limitation, a grantor or other transferor of an interest in real property.

     Sec. 8.  “Transfer” means the sale, gift, conveyance, assignment, inheritance or other transfer of an interest in real property.

     Sec. 9.  The Legislature finds and declares that:

     1.  The public policy of this State favors the marketability of real property and the transferability of interests in real property free of defects in title or unreasonable restraints on the alienation of real property; and

     2.  A private transfer fee obligation violates the public policy of this State by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on the alienation of real property regardless of the duration or amount of the private transfer fee or the method by which the private transfer fee obligation is created or imposed.

     Sec. 10.  1.  Except as otherwise provided in section 11 of this act:

     (a) A person shall not, on or after the effective date of this act, create or record a private transfer fee obligation in this State; and

     (b) A private transfer fee obligation that is created or recorded in this State on or after the effective date of this act is void and unenforceable.

     2.  The provisions of subsection 1 do not validate or make enforceable any private transfer fee obligation that was created or recorded in this State before the effective date of this act.

     Sec. 11.  1.  The payee under a private transfer fee obligation that was created before the effective date of this act shall, on or before July 31, 2012, record in the office of the county recorder of the county in which the real property that is subject to the private transfer fee obligation is located a notice which includes:

 


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2011 Statutes of Nevada, Page 319 (Chapter 77, AB 271)

 

     (a) The title “Notice of Private Transfer Fee Obligation” in not less than 14-point boldface type;

     (b) The legal description of the real property;

     (c) The amount of the private transfer fee or the method by which the private transfer fee must be calculated;

     (d) If the real property is residential property, the amount of the private transfer fee that would be imposed on the sale of a home for $100,000, the sale of a home for $250,000 and the sale of a home for $500,000;

     (e) The date or circumstances under which the private transfer fee obligation expires, if any;

     (f) The purpose for which the money received from the payment of the private transfer fee will be used;

     (g) The name, address and telephone number of the payee; and

     (h) If the payee is:

           (1) A natural person, the notarized signature of the payee; or

           (2) An entity, the notarized signature of an authorized officer or employee of the entity.

     2.  Upon any change in the information set forth in the notice described in subsection 1, the payee may record an amendment to the notice.

     3.  If the payee fails to comply with the requirements of subsection 1:

     (a) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation; and

     (b) The payee is subject to the liability described in section 13 of this act.

     4.  Any person with an interest in the real property that is subject to the private transfer fee obligation may record in the office of the county recorder of the county in which the real property is located an affidavit which:

     (a) States that the affiant has actual knowledge of, and is competent to testify to, the facts set forth in the affidavit;

     (b) Sets forth the legal description of the real property that is subject to the private transfer fee obligation;

     (c) Sets forth the name of the owner of the real property as recorded in the office of the county recorder;

     (d) States that the private transfer fee obligation was created before the effective date of this act and specifies the date on which the private transfer fee obligation was created;

     (e) States that the payee under the private transfer fee obligation failed on or before July 31, 2012, to record in the office of the county recorder of the county in which the real property that is subject to the private transfer fee obligation is located a notice which complies with the requirements of subsection 1; and

     (f) Is signed by the affiant under penalty of perjury.

     5.  When properly recorded, the affidavit described in subsection 4 constitutes prima facie evidence that:

     (a) The real property described in the affidavit was subject to a private transfer fee obligation that was created before the effective date of this act;

 


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2011 Statutes of Nevada, Page 320 (Chapter 77, AB 271)

 

     (b) The payee under the private transfer fee obligation failed on or before July 31, 2012, to record in the office of the county recorder of the county in which the real property that was subject to the private transfer fee obligation is located a notice which complies with the requirements of subsection 1; and

     (c) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation.

     Sec. 12.  1.  If a written request for a written statement of the amount of the transfer fee due upon the sale of real property is sent by certified mail, return receipt requested, to the payee under a private transfer fee obligation that was created before the effective date of this act at the address appearing in the recorded notice described in section 11 of this act, the payee shall provide such a written statement to the person who requested the written statement not later than 30 days after the date of mailing.

     2.  If the payee fails to comply with the requirements of subsection 1:

     (a) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation; and

     (b) The payee is subject to the liability described in section 13 of this act.

     3.  The person who requested the written statement may record in the office of the county recorder of the county in which the real property is located an affidavit which:

     (a) States that the affiant has actual knowledge of, and is competent to testify to, the facts set forth in the affidavit;

     (b) Sets forth the legal description of the real property that is subject to the private transfer fee obligation;

     (c) Sets forth the name of the owner of the real property as recorded in the office of the county recorder;

     (d) Expressly refers to the recorded notice described in section 11 of this act by:

           (1) The date on which the notice was recorded in the office of the county recorder; and

           (2) The book, page and document number, as applicable, of the recorded notice;

     (e) States that a written request for a written statement of the amount of the transfer fee due upon the sale of the real property was sent by certified mail, return receipt requested, to the payee at the address appearing in the recorded notice described in section 11 of this act, and that the payee failed to provide such a written statement to the person who requested the written statement within 30 days after the date of mailing; and

     (f) Is signed by the affiant under penalty of perjury.

     4.  When properly recorded, the affidavit described in subsection 3 constitutes prima facie evidence that:

 


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2011 Statutes of Nevada, Page 321 (Chapter 77, AB 271)

 

     (a) A written request for a written statement of the amount of the transfer fee due upon the sale of the real property was sent by certified mail, return receipt requested, to the payee at the address appearing in the recorded notice described in section 11 of this act;

     (b) The payee failed to provide such a written statement to the person who requested the written statement within 30 days after the date of mailing; and

     (c) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation.

     Sec. 13.  1.  Any person who creates or records a private transfer fee obligation in the person’s favor on or after the effective date of this act or who fails to comply with a requirement imposed by subsection 1 of section 11 of this act or subsection 1 of section 12 of this act is liable for all:

     (a) Damages resulting from the enforcement of the private transfer fee obligation upon the transfer of an interest in the real property, including, without limitation, the amount of any private transfer fee paid by a party to the transfer; and

     (b) Attorney’s fees, expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title.

     2.  A principal is liable pursuant to this section for the acts or omissions of an authorized agent of the principal.

     Sec. 14.  Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A seller of real property that is subject to a private transfer fee obligation shall furnish to the buyer a written statement which discloses the existence of the private transfer fee obligation, includes a description of the private transfer fee obligation and sets forth a notice in substantially the following form:

 

      A private transfer fee obligation has been created with respect to this property. The private transfer fee obligation may lower the value of this property. The laws of this State prohibit the enforcement of certain private transfer fee obligations that are created or recorded on or after the effective date of this act (section 10 of this act) and impose certain notice requirements with respect to private transfer fee obligations that were created before the effective date of this act (section 11 of this act).

 

     2.  As used in this section, “private transfer fee obligation” has the meaning ascribed to it in section 6 of this act.

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

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2011 Statutes of Nevada, Page 322

 

CHAPTER 78, AB 441

Assembly Bill No. 441–Assemblymen Brooks; Anderson and Diaz

 

CHAPTER 78

 

[Approved: May 20, 2011]

 

AN ACT relating to contractors; requiring the State Contractors’ Board to establish an advisory committee relating to the classification of licensing for certain persons who install and maintain building shell insulation or thermal system insulation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the State Contractors’ Board is authorized to establish advisory committees in topical areas, as the Board deems necessary. (NRS 624.100) Section 2 of this bill requires that Board to establish an advisory committee to make recommendations concerning persons who install and maintain building shell insulation or thermal system insulation.

 

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.  NRS 624.100 is hereby amended to read as follows:

     624.100  1.  The Board may appoint such committees and make such reasonable bylaws, rules of procedure and regulations as are necessary to carry out the provisions of this chapter.

     2.  [The] Except as otherwise provided in subsection 3, the Board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the Board considers necessary.

     3.  The Board shall establish an advisory committee to make recommendations to the Board concerning the classification of licensure of persons who install or maintain building shell insulation or thermal system insulation, including, without limitation, recommendations relating to training and continuing education.

     4.  If [the Board establishes] an advisory committee [,] is established, the Board shall:

     (a) Select five members for the committee from a list of volunteers approved by the Board; and

     (b) Adopt rules of procedure for informal conferences of the committee.

     [4.] 5.  If [the Board establishes] an advisory committee [,] is established, the members:

     (a) Serve at the pleasure of the Board.

     (b) Serve without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.

     (c) Shall provide a written summary report to the Board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the Board.

 


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2011 Statutes of Nevada, Page 323 (Chapter 78, AB 441)

 

prevent the occurrence of fraud in construction, or on such other issues as requested by the Board.

     [5.] 6.  The Board is not bound by any recommendation made by an advisory committee.

     7.  As used in this section:

     (a) “Building shell insulation” means a product that is used as part of the building which insulates a boundary between indoor and outdoor space or conditioned and unconditioned space, including, without limitation, walls, ceilings or floors.

     (b) “Thermal system insulation” means a product that is used in a heating, ventilating, cooling, plumbing or refrigeration system to insulate any hot or cold surface, including, without limitation, a pipe, duct, valve, boiler, flue or tank, or equipment on or in a building.

________

CHAPTER 79, AB 37

Assembly Bill No. 37–Committee on Government Affairs

 

CHAPTER 79

 

[Approved: May 20, 2011]

 

AN ACT relating to State Government; deleting the provisions that require the offices of all state officers, departments, boards, commissions and agencies to remain open during a certain period; requiring such offices to post their days and hours of operation; requiring advance notice of any change in days or hours of operation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the offices of all state officers, departments, boards, commissions and agencies are required to be open for business at least from 8 a.m. to 12 p.m. and from 1 p.m. to 5 p.m. every day except Saturdays, Sundays and legal holidays, unless otherwise required for the efficient transaction of business and the convenience of the persons with whom business is transacted. Any of those offices that are staffed by more than one person are also required to remain open during the noon hour of each working day. (NRS 281.110) Sections 1-6 of this bill delete the requirement that those offices remain open during those hours. Section 1 requires additionally that the days and hours of operation of the office be posted at the office. Section 1 further provides that, if the days or hours of operation of the office change, the new days and hours of operation must be, at least 30 days before the change becomes effective: (1) posted at the office; (2) posted on the website of the office, if any; or (3) otherwise noticed publicly.

 

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 281.110 is hereby amended to read as follows:

     281.110  1.  [Unless required for the efficient transaction of business and the convenience of the persons with whom business is transacted, the] The offices of all state officers, departments, boards, commissions and agencies must [:

 


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2011 Statutes of Nevada, Page 324 (Chapter 79, AB 37)

 

     (a) Maintain] maintain not less than a 40-hour workweek.

     [(b) Be open for the transaction of business at least from 8 a.m. until 12 p.m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and legal holidays.]

     2.  Variable workweek scheduling may be required in those agencies where coverage is needed on Saturdays, Sundays and legal holidays or on other days or during other hours, as necessary.

     3.  The offices of all state officers, departments, boards, commissions and agencies [that are open on the days and during the hours set forth in paragraph (b) of subsection 1 must remain open during the noon hour of each working day if any such office has more than one person on its staff.] must physically post the days and hours of operation at the office. If the days or hours of operation for the office change, the new days and hours of operation must be:

     (a) Posted physically at the office;

     (b) Posted on the website of the office, if any; or

     (c) Otherwise noticed publicly,

at least 30 days before the change becomes effective.

     Sec. 2.  NRS 321.030 is hereby amended to read as follows:

     321.030  The State Land Registrar shall keep an office at the seat of government . [, which office must be open for the transaction of business on the days and during the hours established pursuant to NRS 281.110.]

     Sec. 3.  NRS 360.070 is hereby amended to read as follows:

     360.070  The Nevada Tax Commission shall [:

     1.  Keep] keep its office at Carson City . [, Nevada; and

     2.  Be in general session and open for the transaction of business during the usual hours and days in which public offices are kept open.]

     Sec. 4.  NRS 532.070 is hereby amended to read as follows:

     532.070  [1.]  The State Engineer shall keep his or her office at the State Capital.

     [2.  The State Engineer shall keep his or her office open to the public on the days and during the hours established pursuant to NRS 281.110.]

     Sec. 5.  NRS 607.040 is hereby amended to read as follows:

     607.040  [1.]  The Labor Commissioner must be provided with properly furnished offices at the capital in Carson City, Nevada.

     [2.  The offices of the Labor Commissioner must be open for business during the hours and on the days established pursuant to NRS 281.110.]

     Sec. 6.  Section 2 of chapter 169, Statutes of Nevada 2009, at page 617, is hereby amended to read as follows:

      Sec. 2.  This act becomes effective on July 1, 2009 . [, and expires by limitation on June 30, 2011.]

     Sec. 7.  1.  This section and section 6 of this act become effective upon passage and approval.

     2.  Sections 1 to 5, inclusive, of this act become effective on July 1, 2011.

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2011 Statutes of Nevada, Page 325

 

CHAPTER 80, AB 107

Assembly Bill No. 107–Assemblywoman Flores

 

CHAPTER 80

 

[Approved: May 20, 2011]

 

AN ACT relating to criminal procedure; requiring the adoption of certain policies and procedures governing the identification of criminal suspects; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires each law enforcement agency to adopt policies and procedures governing certain identification procedures conducted to determine whether an eyewitness to a crime is able to identify a suspect as the perpetrator of the crime. Specifically, such identification procedures include live lineups, photo lineups and show-ups.

       Section 2 of this bill requires the Advisory Commission on the Administration of Justice, for two scheduled meetings of the Commission, to include as an item on the agenda a discussion of the progress of law enforcement agencies in adopting such policies and procedures. Section 2 also requires a representative of the Nevada Sheriffs’ and Chiefs’ Association to appear at those meetings to report on the progress of law enforcement agencies in adopting such policies and procedures.

 

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

     1.  Each law enforcement agency shall adopt policies and procedures governing the use of live lineups, photo lineups and show-ups.

     2.  As used in this section:

     (a) “Live lineup” means an identification procedure in which a group of persons, including the suspect, is displayed to an eyewitness to determine whether the eyewitness identifies the suspect as the perpetrator of a crime.

     (b) “Photo lineup” means an identification procedure in which an array of photographs, including a photograph of the suspect, is displayed to an eyewitness in hard copy or by digital image to determine whether the eyewitness identifies the suspect as the perpetrator of a crime.

     (c) “Show-up” means an identification procedure in which the suspect appears individually for possible identification by the eyewitness as the perpetrator of a crime.

     Sec. 2.  1.  The Advisory Commission on the Administration of Justice shall, for each of two separate meetings held by the Commission, include as an item on the agenda a discussion of the progress of law enforcement agencies in this State in adopting policies and procedures as required by section 1 of this act. The meetings must be held not later than:

     (a) April 1, 2012, for the first meeting; and

     (b) October 1, 2012, for the second meeting.

 


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2011 Statutes of Nevada, Page 326 (Chapter 80, AB 107)

 

     2.  A representative of the Nevada Sheriffs’ and Chiefs’ Association or its successor organization shall attend each meeting required by subsection 1 to provide a report concerning the progress of law enforcement agencies in this State in adopting such policies and procedures.

________

CHAPTER 81, AB 284

Assembly Bill No. 284–Assemblymen Conklin, Horne; and Kirkpatrick

 

CHAPTER 81

 

[Approved: May 20, 2011]

 

AN ACT relating to real property; revising provisions governing the recording of assignments of mortgages and deeds of trust; revising provisions governing the exercise of the power of sale under a deed of trust; revising provisions concerning the crimes of mortgage lending fraud and making a false representation concerning title to real property; providing civil and criminal penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under exiting law, the assignment of a mortgage or the beneficial interest in a deed of trust may be recorded. (NRS 106.210, 107.070) Section 1 of this bill requires such an assignment to be recorded in the office of the county recorder of the county in which the real property is located.

       Sections 4, 7 and 8 of this bill increase from $500 to $1,000 the civil liability of a mortgagee or trustee or beneficiary under a deed of trust who fails to discharge the mortgage or deed of trust within 21 days after the obligation secured by mortgage or deed of trust has been satisfied.

       Section 6 of this bill prescribes certain duties of a trustee under a deed of trust and provides for a civil action against a trustee under certain circumstances.

       Section 9 of this bill requires a notice of default and election to sell real property subject to a deed of trust to include an affidavit setting forth certain information concerning the deed of trust, the amounts due, the possession of the note and the deed of trust and the authority to foreclose. Section 9 also provides for a civil action against a person who exercises the power of sale under a deed of trust without complying with the provisions of law governing the exercise of that power.

       Existing law authorizes certain persons to request a statement of the amount necessary to discharge a debt secured by a deed of trust. (NRS 107.210) Section 12 of this bill adds to the information required to be provided in this statement: (1) the identity of the trustee, any trustee’s agent, the current holder of the note, the beneficiary of record and the servicers of the debt; and (2) if the debt is in default, the amount in default, the principal, interest, default fees and the cost and fees associated with the exercise of a power of sale.

       Section 13 of this bill revises provisions relating to the crime of mortgage lending fraud by: (1) providing that a person who commits mortgage lending fraud is subject to a civil penalty of not more than $5,000; and (2) authorizing the owner or the holder of the beneficial interest in the real property to bring a civil action for damages suffered because of the conduct and for attorney’s fees and costs.

 


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       Section 14 of this bill revises the crime of making a false representation concerning title and increases the penalty for such a crime from a gross misdemeanor to a category C felony. If the person engages in a pattern of making false representations concerning title, the person is guilty of a category B felony. In addition, a person who commits this crime is subject to a civil penalty of not more than $5,000, and the owner or the holder of the beneficial interest in the real property may bring a civil action for damages suffered because of the false representation and for attorney’s fees and 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.  NRS 106.210 is hereby amended to read as follows:

     106.210  1.  Any assignment of a mortgage of real property, or of a mortgage of personal property or crops recorded prior to March 27, 1935, and any assignment of the beneficial interest under a deed of trust [may] must be recorded [,] in the office of the recorder of the county in which the property is located, and from the time any of the same are so filed for record shall operate as constructive notice of the contents thereof to all persons. A mortgage of real property, or a mortgage of personal property or crops recorded prior to March 27, 1935, which has been assigned may not be enforced unless and until the assignment is recorded pursuant to this subsection. If the beneficial interest under a deed of trust has been assigned, the trustee under the deed of trust may not exercise the power of sale pursuant to NRS 107.080 unless and until the assignment is recorded pursuant to this subsection.

     2.  Each such filing or recording [shall] must be properly indexed by the recorder.

     Sec. 2.  NRS 106.220 is hereby amended to read as follows:

     106.220  1.  Any instrument by which any mortgage or deed of trust of, lien upon or interest in real property is subordinated or waived as to priority, [may,] must, in case it concerns only one or more mortgages or deeds of trust of, liens upon or interests in real property, together with, or in the alternative, one or more mortgages of, liens upon or interests in personal property or crops, the instruments or documents evidencing or creating which have been recorded prior to March 27, 1935, be recorded [,] in the office of the recorder of the county in which the property is located, and from the time any of the same are so filed for record [shall operate] operates as constructive notice of the contents thereof to all persons. The instrument is not enforceable under this chapter or chapter 107 of NRS unless and until it is recorded.

     2.  Each such filing or recording [shall] must be properly indexed by the recorder.

     Sec. 3.  NRS 106.280 is hereby amended to read as follows:

     106.280  Every certificate of discharge of a recorded mortgage, and the proof or acknowledgment thereof, [shall] must be recorded at full length, and a reference [shall] must be made to the county book containing such record in the minutes of the discharge of such mortgage made by the recorder upon the record thereof.

 


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     Sec. 4.  NRS 106.290 is hereby amended to read as follows:

     106.290  1.  Within 21 calendar days after receiving written notice that a debt secured by a mortgage has been paid or otherwise satisfied or discharged, the mortgagee shall cause a discharge of the mortgage to be recorded pursuant to NRS 106.260 or 106.270 if the mortgagor, the mortgagor’s heirs or assigns have fully performed the conditions of the mortgage.

     2.  If a mortgagee fails to comply with the provisions of this section, the mortgagee is liable in a civil action to the mortgagor, the mortgagor’s heirs or assigns for:

     (a) The sum of [$500;] $1,000;

     (b) Any actual damages caused by the failure of the mortgagee to comply with the provisions of this section; and

     (c) [A reasonable] Reasonable attorney’s [fee] fees and the costs of bringing the action.

     3.  Except as otherwise provided in this subsection, if a mortgagee fails to cause a discharge of the mortgage to be recorded pursuant to subsection 1 within 75 calendar days, a title insurer may prepare and cause to be recorded a release of the mortgage. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the mortgage to the mortgagor and mortgagee, or their successors in interest, at the last known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a discharge of the mortgage. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the mortgagor, the mortgagee or a successor in interest.

     4.  The release prepared pursuant to subsection 3 must set forth:

     (a) The name of the mortgagor;

     (b) The name of the mortgagee;

     (c) The recording reference to the mortgage;

     (d) A statement that the debt secured by the mortgage has been paid in full or otherwise satisfied or discharged;

     (e) The date and amount of payment or other satisfaction or discharge; and

     (f) The name and address of the title insurer issuing the release.

     5.  A release prepared and recorded pursuant to subsection 3 does not relieve a mortgagee of the requirements imposed by subsections 1 and 2.

     6.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a mortgage pursuant to this section is liable in a civil action for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the release.

     7.  Any person who willfully violates this section is guilty of a misdemeanor.

     8.  As used in this section, “title insurer” has the meaning ascribed to it in NRS 692A.070.

     Sec. 5.  NRS 106.360 is hereby amended to read as follows:

     106.360  1.  A borrower may execute an instrument encumbering the borrower’s real property to secure future advances from a lender within a mutually agreed maximum amount of principal. The instrument or an amendment to the instrument is enforceable only if the instrument or the amendment is recorded in the office of the county recorder of the county in which the real property is located and the party seeking to enforce the instrument or the amendment is an original party to the instrument or amendment or the current assignee of record.

 


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amendment to the instrument is enforceable only if the instrument or the amendment is recorded in the office of the county recorder of the county in which the real property is located and the party seeking to enforce the instrument or the amendment is an original party to the instrument or amendment or the current assignee of record.

     2.  The instrument must state clearly:

     (a) That it secures future advances; and

     (b) The maximum amount of principal to be secured.

     3.  The maximum amount of advances of principal to be secured by the instrument may increase or decrease from time to time by amendment of the instrument.

     Sec. 6.  Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The trustee under a deed of trust must be:

     (a) An attorney licensed to practice law in this State;

     (b) A title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS; or

     (c) A person licensed pursuant to chapter 669 of NRS or a person exempt from the provisions of chapter 669 of NRS pursuant to paragraph (a) or (h) of subsection 1 of NRS 669.080.

     2.  A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.

     3.  A trustee under a deed of trust must not:

     (a) Lend its name or its corporate capacity to any person who is not qualified to be the trustee under a deed of trust pursuant to subsection 1.

     (b) Act individually or in concert with any other person to circumvent the requirements of subsection 1.

     4.  A beneficiary of record may replace its trustee with another trustee. The appointment of a new trustee is not effective until the substitution of trustee is recorded in the office of the recorder of the county in which the real property is located.

     5.  The trustee does not have a fiduciary obligation to the grantor or any other person having an interest in the property which is subject to the deed of trust. The trustee shall act impartially and in good faith with respect to the deed of trust and shall act in accordance with the laws of this State. A rebuttable presumption that a trustee has acted impartially and in good faith exists if the trustee acts in compliance with the provisions of NRS 107.080. In performing acts required by NRS 107.080, the trustee incurs no liability for any good faith error resulting from reliance on information provided by the beneficiary regarding the nature and the amount of the default under the obligation secured by the deed of trust if the trustee corrects the good faith error not later than 20 days after discovering the error.

     6.  If, in an action brought by a grantor, a person who holds title of record or a beneficiary in the district court in and for the county in which the real property is located, the court finds that the trustee did not comply with this section, any other provision of this chapter or any applicable provision of chapter 106 or 205 of NRS, the court must award to the grantor, the person who holds title of record or the beneficiary:

     (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

 


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     (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

     (c) Reasonable attorney’s fees and costs,

unless the court finds good cause for a different award.

     Sec. 7.  NRS 107.077 is hereby amended to read as follows:

     107.077  1.  Within 21 calendar days after receiving written notice that a debt secured by a deed of trust made on or after October 1, 1991, has been paid or otherwise satisfied or discharged, the beneficiary shall deliver to the trustee or the trustor the original note and deed of trust, if the beneficiary is in possession of those documents, and a properly executed request to reconvey the estate in real property conveyed to the trustee by the grantor. If the beneficiary delivers the original note and deed of trust to the trustee or the trustee has those documents in his or her possession, the trustee shall deliver those documents to the grantor.

     2.  Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1991, is paid or otherwise satisfied or discharged, and a properly executed request to reconvey is received by the trustee, the trustee shall cause to be recorded a reconveyance of the deed of trust.

     3.  If the beneficiary fails to deliver to the trustee a properly executed request to reconvey pursuant to subsection 1, or if the trustee fails to cause to be recorded a reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, his or her heirs or assigns in the sum of [$500,] $1,000, plus [a] reasonable attorney’s [fee] fees and the costs of bringing the action, and the beneficiary or the trustee is liable in a civil action to any party to the deed of trust for any actual damages caused by the failure to comply with the provisions of this section and for [a] reasonable attorney’s [fee] fees and the costs of bringing the action.

     4.  Except as otherwise provided in this subsection, if a reconveyance is not recorded pursuant to subsection 2 within:

     (a) Seventy-five calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made on or after October 1, 1993; or

     (b) Ninety calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made before October 1, 1993,

a title insurer may prepare and cause to be recorded a release of the deed of trust. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a reconveyance of a deed of trust. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, the trustor, the owner of the land, the holder of the escrow or the owner of the debt secured by the deed of trust or his or her agent.

     5.  The release prepared pursuant to subsection 4 must set forth:

     (a) The name of the beneficiary;

     (b) The name of the trustor;

     (c) The recording reference to the deed of trust;

 


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     (d) A statement that the debt secured by the deed of trust has been paid in full or otherwise satisfied or discharged;

     (e) The date and amount of payment or other satisfaction or discharge; and

     (f) The name and address of the title insurer issuing the release.

     6.  A release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.

     7.  A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a reconveyance or release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow, or earlier than 60 calendar days before the payment, satisfaction or discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.

     8.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a deed of trust pursuant to this section is liable for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the release.

     9.  Any person who willfully violates this section is guilty of a misdemeanor.

     Sec. 8.  NRS 107.078 is hereby amended to read as follows:

     107.078  1.  If a deed of trust made on or after October 1, 1995, authorizes the grantor to discharge in part the debt secured by the deed of trust and the deed of trust authorizes a partial reconveyance of the estate in real property in consideration of a partial discharge, the beneficiary shall, within 21 calendar days after receiving notice that the debt secured by the deed of trust has been partially discharged, deliver to the trustee a properly executed request for a partial reconveyance of the estate in real property conveyed to the trustee by the grantor.

     2.  Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1995, is partially discharged and a properly executed request for a partial reconveyance is received by the trustee, the trustee shall cause to be recorded a partial reconveyance of the deed of trust.

     3.  If the beneficiary fails to deliver to the trustee a properly executed request for a partial reconveyance pursuant to subsection 1, or if the trustee fails to cause to be recorded a partial reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, the grantor’s heirs or assigns in the amount of [$500,] $1,000, plus [a] reasonable attorney’s [fee] fees and the costs of bringing the action, and the beneficiary or trustee is liable in a civil action to any party to the deed of trust for any actual damages caused by the failure to comply with the provisions of this section and for [a] reasonable attorney’s [fee] fees and the costs of bringing the action.

     4.  Except as otherwise provided in this subsection, if a partial reconveyance is not recorded pursuant to subsection 2 within 75 calendar days after the partial satisfaction of the debt and if the satisfaction was made on or after October 1, 1995, a title insurer may prepare and cause to be recorded a partial release of the deed of trust. At least 30 calendar days before the recording of a partial release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the partial release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last known address of each such person.

 


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to record the partial release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last known address of each such person. A partial release prepared and recorded pursuant to this subsection shall be deemed a partial reconveyance of a deed of trust. The title insurer shall not cause a partial release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, trustor, owner of the land, holder of the escrow or owner of the debt secured by the deed of trust or his or her agent.

     5.  The release prepared pursuant to subsection 4 must set forth:

     (a) The name of the beneficiary;

     (b) The name of the trustor;

     (c) The recording reference to the deed of trust;

     (d) A statement that the debt secured by the deed of trust has been partially discharged;

     (e) The date and amount of partial payment or other partial satisfaction or discharge;

     (f) The name and address of the title insurer issuing the partial release; and

     (g) The legal description of the estate in real property which is reconveyed.

     6.  A partial release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.

     7.  A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a partial reconveyance or partial release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow or earlier than 60 calendar days before the partial payment or partial satisfaction or discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.

     8.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a partial release of a deed of trust pursuant to this section is liable for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the partial release.

     9.  Any person who willfully violates this section is guilty of a misdemeanor.

     Sec. 9.  NRS 107.080 is hereby amended to read as follows:

     107.080  1.  Except as otherwise provided in NRS 106.210, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

     2.  The power of sale must not be exercised, however, until:

     (a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:

           (1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

 


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           (2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment . [;]

     (b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment . [;]

     (c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation [; and] which, except as otherwise provided in this paragraph, includes a notarized affidavit of authority to exercise the power of sale stating, based on personal knowledge and under the penalty of perjury:

           (1) The full name and business address of the trustee or the trustee’s personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the servicers of the obligation or debt secured by the deed of trust;

           (2) The full name and last known business address of every prior known beneficiary of the deed of trust;

           (3) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust;

           (4) That the trustee has the authority to exercise the power of sale with respect to the property pursuant to the instruction of the beneficiary of record and the current holder of the note secured by the deed of trust;

           (5) The amount in default, the principal amount of the obligation or debt secured by the deed of trust, a good faith estimate of all fees imposed and to be imposed because of the default and the costs and fees charged to the debtor in connection with the exercise of the power of sale; and

           (6) The date, recordation number or other unique designation of the instrument that conveyed the interest of each beneficiary and a description of the instrument that conveyed the interest of each beneficiary.

The affidavit described in this paragraph is not required for the exercise of the trustee’s power of sale with respect to any trust agreement which concerns a time share within a time share plan created pursuant to chapter 119A of NRS if the power of sale is being exercised for the initial beneficiary under the deed of trust or an affiliate of the initial beneficiary.

     (d) Not less than 3 months have elapsed after the recording of the notice.

     3.  The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property.

 


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postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:

     (a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; and

     (b) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.

     4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

     (a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

     (b) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold;

     (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated; and

     (d) If the property is a residential foreclosure complying with the provisions of NRS 107.087.

     5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section [may] must be declared void by any court of competent jurisdiction in the county where the sale took place if:

     (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;

     (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and

     (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.

     6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.

 


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receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.

     7.  If, in an action brought by the grantor or the person who holds title of record in the district court in and for the county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

     (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

     (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

     (c) Reasonable attorney’s fees and costs,

unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.

     8.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

     [8.] 9.  After a sale of property is conducted pursuant to this section, the trustee shall:

     (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located; or

     (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located.

     [9.] 10.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection [8,] 9, the successful bidder:

     (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

     (b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection [8] 9 and for reasonable attorney’s fees and the costs of bringing the action.

     [10.] 11.  The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:

     (a) A fee of $150 for deposit in the State General Fund.

     (b) A fee of $50 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.

The fees collected pursuant to this subsection must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account as prescribed pursuant to this subsection. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder.

 


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may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in this subsection.

     [11.] 12.  The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection [10.

     12.] 11.

     13.  As used in this section [, “residential] :

     (a) “Residential foreclosure” means the sale of a single family residence under a power of sale granted by this section. As used in this subsection, “single family residence”:

     [(a)] (1) Means a structure that is comprised of not more than four units.

     [(b)] (2) Does not include any time share or other property regulated under chapter 119A of NRS.

     (b) “Trustee” means the trustee of record.

     Secs. 10 and 11.  (Deleted by amendment.)

     Sec. 12.  NRS 107.210 is hereby amended to read as follows:

     107.210  Except as otherwise provided in NRS 107.230 and 107.240, the beneficiary of a deed of trust secured on or after October 1, 1995, shall, within 21 days after receiving a request from a person authorized to make such a request pursuant to NRS 107.220, cause to be mailed, postage prepaid, or sent by facsimile machine to that person a statement of the amount necessary to discharge the debt secured by the deed of trust. The statement must set forth:

     1.  The identity of the trustee or the trustee’s personal representative or assignee, the current holder of the note secured by the deed of trust, the beneficiary of record and the servicers of the obligation or debt secured by the deed of trust;

     2.  The amount of money necessary to discharge the debt secured by the deed of trust on the date the statement is prepared by the beneficiary; [and

     2.] 3.  The information necessary to determine the amount of money required to discharge the debt on a per diem basis for a period, not to exceed 30 days, after the statement is prepared by the beneficiary [.] ; and

     4.  If the debt is in default, the amount in default, the principal amount of the obligation or debt secured by the deed of trust, the interest accrued and unpaid on the obligation or debt secured by the deed of trust, all fees imposed because of the default and the costs and fees charged to the debtor in connection with the exercise of the power of sale.

     Sec. 13.  NRS 205.372 is hereby amended to read as follows:

     205.372  1.  A person who [, with the intent to defraud] is a participant in a mortgage lending transaction [:] and who:

     (a) Knowingly makes a false statement or misrepresentation concerning a material fact or [deliberately] knowingly conceals or fails to disclose a material fact;

     (b) Knowingly uses or facilitates the use of a false statement or misrepresentation made by another person concerning a material fact or [deliberately] knowingly uses or facilitates the use of another person’s concealment or failure to disclose a material fact;

 


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     (c) Receives any proceeds or any other money in connection with a mortgage lending transaction that the person knows resulted from a violation of paragraph (a) or (b);

     (d) Conspires with another person to violate any of the provisions of paragraph (a), (b) or (c); or

     (e) Files or causes to be filed with a county recorder any document that the person knows to include a misstatement, misrepresentation or omission concerning a material fact,

commits the offense of mortgage lending fraud which is a category C felony and, upon conviction, 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, or by a fine of not more than $10,000, or by both fine and imprisonment.

     2.  A person who engages in a pattern of mortgage lending fraud or conspires or attempts to engage in a pattern of mortgage lending fraud is guilty of a category B felony and, upon conviction, shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

     3.  Each mortgage lending transaction in which a person violates any provision of subsection 1 constitutes a separate violation.

     4.  Except as otherwise provided in this subsection, if a lender or any agent of the lender is convicted of the offense of mortgage lending fraud in violation of this section, the mortgage lending transaction with regard to which the fraud was committed may be rescinded by the borrower within 6 months after the date of the conviction if the borrower gives written notice to the lender and records that notice with the recorder of the county in which the mortgage was recorded. A mortgage lending transaction may not be rescinded pursuant to this subsection if the lender has transferred the mortgage to a bona fide purchaser.

     5.  The Attorney General may investigate and prosecute a violation of this section.

     6.  In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

     7.  The owner or holder of the beneficial interest in real property which is the subject of mortgage lending fraud may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs.

     8.  As used in this section:

     (a) “Bona fide purchaser” means any person who purchases a mortgage in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the lender or any agent of the lender engaged in mortgage lending fraud in violation of this section.

     (b) “Mortgage lending transaction” means any transaction between two or more persons for the purpose of making or obtaining, attempting to make or obtain, or assisting another person to make or obtain a loan that is secured by a mortgage or other lien on residential real property.

 


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by a mortgage or other lien on residential real property. The term includes, without limitation:

           (1) The solicitation of a person to make or obtain the loan;

           (2) The representation or offer to represent another person to make or obtain the loan;

           (3) The negotiation of the terms of the loan;

           (4) The provision of services in connection with the loan; and

           (5) The execution of any document in connection with making or obtaining the loan.

     (c) “Participant in a mortgage lending transaction” includes, without limitation:

           (1) A borrower as defined in NRS 598D.020;

           (2) An escrow agent as defined in NRS 645A.010;

           (3) A foreclosure consultant as defined in NRS 645F.320;

           (4) A foreclosure purchaser as defined in NRS 645F.330;

           (5) An investor as defined in NRS 645B.0121;

           (6) A lender as defined in NRS 598D.050;

           (7) A loan modification consultant as defined in NRS 645F.365;

           (8) A mortgage agent as defined in NRS 645B.0125;

           (9) A mortgage banker as defined in NRS 645E.100; and

           (10) A mortgage broker as defined in NRS 645B.0127.

     (d) “Pattern of mortgage lending fraud” means one or more violations of a provision of subsection 1 committed in two or more mortgage lending transactions which have the same or similar [intents,] purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics.

     Sec. 14.  NRS 205.395 is hereby amended to read as follows:

     205.395  1.  Every person who [shall maliciously or fraudulently execute or file for record any instrument, or put forward any claim by which the right or title of another to any real property is, or purports to be, transferred, encumbered or clouded, shall be guilty of a gross misdemeanor.] :

     (a) Claims an interest in, or a lien or encumbrance against, real property in a document that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid;

     (b) Executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid; or

     (c) Causes a document described in paragraph (a) or (b) to be recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,

has made a false representation concerning title.

     2.  A person who makes a false representation concerning title in violation of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

 


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     3.  A person who engages in a pattern of making false representations concerning title 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 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

     4.  In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

     5.  Except as otherwise provided in this subsection, the owner or holder of the beneficial interest in real property which is the subject of a false representation concerning title may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs. The owner or holder of the beneficial interest in the real property must, before bringing a civil action pursuant to this subsection, send a written request to the person who made the false representation to record a document which corrects the false representation. If the person records such a document not later than 20 days after the date of the written request, the owner or holder of the beneficial interest may not bring a civil action pursuant to this subsection.

     6.  As used in this section, “pattern of making false representations concerning title” means one or more violations of a provision of subsection 1 committed in two or more transactions:

     (a) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;

     (b) Which are not isolated incidents within the preceding 4 years; and

     (c) In which the aggregate loss or intended loss is more than $250.

     Sec. 14.5.  The amendatory provisions of:

     1.  Section 1 of this act apply only to an assignment of a mortgage of real property, or of a mortgage of personal property or crops recorded before March 27, 1935, and any assignment of the beneficial interest under a deed of trust, which is made on or after July 1, 2011.

     2.  Section 2 of this act apply only to an instrument by which any mortgage or deed of trust of, lien upon or interest in real property is subordinated or waived as to priority which is made on or after July 1, 2011.

     3.  Section 5 of this act apply only to an instrument encumbering a borrower’s real property to secure future advances from a lender within a mutually agreed maximum amount of principal, or an amendment to such an instrument, which is made on or after July 1, 2011.

     4.  Section 9 of this act apply only to a notice of default and election to sell which is recorded pursuant to NRS 107.080, as amended by section 9 of this act, on or after July 1, 2011.

     Sec. 15.  This act becomes effective on July 1, 2011.

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CHAPTER 82, AB 1

Assembly Bill No. 1–Assemblywoman Kirkpatrick

 

CHAPTER 82

 

[Approved: May 24, 2011]

 

AN ACT relating to state financial administration; requiring certain governmental entities to report financial information periodically to certain legislative bodies; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires certain governmental entities of this State, beginning with the fourth quarter of Fiscal Year 2010-2011 and concluding with the third quarter of Fiscal Year 2012-2013, to report to the Interim Finance Committee within 60 days after the end of the immediately preceding fiscal quarter certain financial information, including the taxes and fees that: (1) were legally due to be paid to the entity; (2) the entity was able to collect; and (3) the entity did not collect or was otherwise unable to collect, to the extent that such information is available to the entity. Section 2 of this bill requires the Commission on Economic Development and the Office of Energy to report to the Interim Finance Committee on the same time schedule regarding each tax or fee that the Commission or Office, as applicable, abated, exempted or otherwise waived and the duration of the applicable abatement, exemption or waiver. Section 3 of this bill requires each occupational licensing board that regulates an occupation or profession pursuant to title 54 of NRS to report to the Interim Finance Committee and the Legislative Commission on or before December 1, 2011, as to certain money, fees, expenditures and assets. All reports required to be filed pursuant to this bill must be submitted on a form provided by the Director of the Legislative Counsel Bureau.

 

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.  Beginning on July 1, 2011, and extending through May 30, 2013, the following governmental entities shall, within 60 days after the end of the immediately preceding fiscal quarter, file with the Interim Finance Committee a report that complies with the requirements of subsection 2:

     (a) The Department of Taxation.

     (b) The State Gaming Control Board.

     (c) The Department of Motor Vehicles.

     (d) The Department of Employment, Training and Rehabilitation.

     (e) The Department of Business and Industry.

     (f) The Office of the State Controller.

     (g) The Office of the Secretary of State.

     2.  Each report required to be filed pursuant to subsection 1 must be submitted on a form provided by the Director of the Legislative Counsel Bureau and include the following components:

     (a) A statement of all taxes and fees that were legally due to be paid to the particular governmental entity in the immediately preceding fiscal quarter;

 


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     (b) A statement of the total of all taxes and fees that the particular governmental entity actually collected in the immediately preceding fiscal quarter;

     (c) A statement of all taxes and fees that the particular governmental entity, in the immediately preceding fiscal quarter, failed to collect or otherwise did not collect as the result of an abatement, exemption or another reason, to the extent that such information is available to the governmental entity;

     (d) A statement of:

           (1) The total amount of all taxes and fees that remain legally due to be paid to the particular governmental entity for any past fiscal years up to and including the immediately preceding fiscal quarter of the current fiscal year; and

           (2) Except if the entity is the Office of the State Controller, the portion of the total amount described in subparagraph (1) that the entity assigned to the State Controller for collection; and

     (e) Such other information relating to the provisions of this section as may be requested by the Director of the Legislative Counsel Bureau.

     3.  In addition to the components set forth in subsection 2, the Department of Taxation shall include in its report filed pursuant to subsection 1 a list of the special districts to which an exemption from the requirements of the Local Government Budget and Finance Act for the filing of certain budget documents and audit reports was granted pursuant to NRS 354.475.

     Sec. 2.  1.  Beginning on July 1, 2011, and extending through May 30, 2013, the Commission on Economic Development and the Office of Energy shall, within 60 days after the end of the immediately preceding fiscal quarter, file with the Interim Finance Committee a report that complies with the requirements of subsection 2.

     2.  Each report required to be filed pursuant to subsection 1 must be submitted on a form provided by the Director of the Legislative Counsel Bureau and include a description of every abatement, exemption or other type of waiver that the Commission on Economic Development and the Office of Energy granted with respect to a tax or fee during the immediately preceding fiscal quarter. The description must include, without limitation:

     (a) An estimate of the total amount of money the payment of which was abated, exempted or otherwise waived;

     (b) The duration of the abatement, exemption or other type of waiver; and

     (c) Such other information relating to the provisions of this section as may be requested by the Director of the Legislative Counsel Bureau.

     Sec. 3.  1.  On or before December 1, 2011, each occupational licensing board shall file with the Interim Finance Committee and the Legislative Commission a report setting forth:

     (a) The total amount of money that the occupational licensing board has on hand, including, without limitation:

           (1) Cash;

           (2) Certificates of deposit;

           (3) Bonds; and

           (4) Any other sources of income, including, without limitation, lease payments;

 


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     (b) A statement of the fees, if any, that the occupational licensing board increased during the immediately preceding 6 months, including the amount of any such increase;

     (c) A statement of the fees, if any, that the occupational licensing board collected during the immediately preceding 6 months;

     (d) A summary of the money that the occupational licensing board spent during the immediately preceding 6 months, including, without limitation, money spent on programs, office expenses and legal expenses, and money spent to hire and pay the compensation of outside consultants;

     (e) A statement of all fees, if any, that the occupational licensing board, in the immediately preceding 6 months, failed to collect or otherwise did not collect as the result of a forbearance, an exemption or another reason, to the extent that such information is available to the occupational licensing board;

     (f) A listing of any capital assets held by the occupational licensing board, including, without limitation, buildings and land;

     (g) A current schedule of all fees that the occupational licensing board charges, including a notation setting forth the date on which, and the amount by which, each such fee was most recently changed; and

     (h) Such other information relating to the provisions of this section as may be requested by the Director of the Legislative Counsel Bureau.

     2.  Each report required to be filed pursuant to subsection 1 must be submitted on a form provided by the Director of the Legislative Counsel Bureau.

     3.  As used in this section, “occupational licensing board” means an agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS.

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

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CHAPTER 83, AB 30

Assembly Bill No. 30–Committee on Transportation

 

CHAPTER 83

 

[Approved: May 24, 2011]

 

AN ACT relating to motor vehicles; revising provisions relating to the authorization of certain emergency vehicles; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Nevada Highway Patrol Division is the only division of the Department of Public Safety expressly authorized to obtain permits from the Department of Motor Vehicles to own and operate authorized emergency vehicles. (NRS 484A.480, 484A.490) This bill expressly authorizes the issuance of such permits for vehicles owned and operated by: (1) the Capitol Police Division, the Investigation Division, the State Fire Marshal Division, the Training Division and the Office of the Director of the Department of Public Safety; and (2) the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel in the Department of Motor Vehicles. This bill also transfers from the Department of Motor Vehicles to the Department of Public Safety the statutory authority to establish standards for certain equipment for emergency vehicles and to issue permits for authorized emergency vehicles.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 484A.480 is hereby amended to read as follows:

     484A.480  1.  Except as otherwise provided in NRS 484A.490, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:

     (a) A police or fire department.

     (b) A sheriff’s office.

     (c) [The Nevada Highway Patrol.] The Capitol Police Division, the Investigation Division, the Nevada Highway Patrol Division, the State Fire Marshal Division, the Training Division and the Office of the Director of the Department of Public Safety.

     (d) The Division of Forestry of the State Department of Conservation and Natural Resources in responding to a fire.

     (e) The Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel in the Department of Motor Vehicles.

     (f) A public ambulance agency.

     [(f)] (g) A public lifeguard or lifesaving agency.

     2.  A vehicle publicly maintained in whole or in part by the State, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriff’s office or traffic law enforcement department, is an authorized emergency vehicle if:

     (a) The vehicle has a permit, pursuant to NRS 484A.490, from the Department [;] of Public Safety;

     (b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada Highway Patrol or in the pursuit of actual or suspected violators of the law; and

     (c) The State, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).

     3.  Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in chapters 484A to 484E, inclusive, of NRS, which lamp and siren must be in compliance with standards approved by the Department [.] of Public Safety. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.

     4.  An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam headlamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, “upper-beam headlamp” means a headlamp or that part of a headlamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484D.210.

     5.  Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the headlamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated.

 


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system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the headlamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. ง 571.108.

     6.  A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.

     7.  A person shall not operate a vehicle with any lamp or device displaying a blue light, except a motorcycle pursuant to NRS 486.261 or an authorized emergency vehicle.

     Sec. 2.  NRS 484A.490 is hereby amended to read as follows:

     484A.490  1.  The Department of Public Safety may issue permits for authorized emergency vehicles to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of violators of the law. The permits must not be issued to vehicles when there are available comparable services provided by agencies referred to in NRS 484A.480.

     2.  The issuance of the permits to vehicles under this section must be limited to:

     (a) Agencies designated in NRS 484A.480;

     (b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work;

     (c) Ambulances designed and operated exclusively as such; and

     (d) Supervisory vehicles which are:

           (1) Marked and used to coordinate and direct the response of ambulances to emergencies;

           (2) Privately owned by a person licensed to operate an ambulance; and

           (3) Operated under contract with a local governmental agency and at the request of its law enforcement agency or fire department.

     3.  The following are not emergency vehicles and must not be permitted to operate as such:

     (a) Tow cars;

     (b) Vehicles used by public utilities;

     (c) Vehicles used in merchant patrols;

     (d) Vehicles used in private escort service;

     (e) Privately owned vehicles of volunteer firefighters;

     (f) Privately owned vehicles of reserve members of a police department or a sheriff’s office; and

     (g) Vehicles of private detectives.

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

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CHAPTER 84, AB 36

Assembly Bill No. 36–Committee on Health and Human Services

 

CHAPTER 84

 

[Approved: May 24, 2011]

 

AN ACT relating to indigent persons; revising provisions governing the Fund for Hospital Care to Indigent Persons; revising the membership of the Board of Trustees of the Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Fund for Hospital Care to Indigent Persons to pay certain costs of hospital care provided to persons injured in motor vehicle accidents who are indigent. The Fund is composed of money collected or recovered from certain taxes and from certain charges against a county for unpaid charges for hospital care not greater than $3,000. (NRS 428.115-428.255)

       Section 2 of this bill changes the membership of the Board of Trustees of the Fund to require the Governor to appoint a director of a social services agency of a county as one of the five members of the Board. Section 2 further authorizes such a director of a social services agency to designate another person to carry out his or her duties on the Board when the director is unavailable.

       Sections 1 and 4 of this bill require the money deposited in the Fund by a county for unpaid hospital charges not exceeding $3,000 to be accounted for separately in the Fund and used to reimburse or partially reimburse a hospital for unpaid hospital charges.

 

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 428.175 is hereby amended to read as follows:

     428.175  1.  The Fund for Hospital Care to Indigent Persons is hereby created as a special revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive.

     2.  [All] Except as otherwise provided in subsection 3, money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and the interest earned on the money in the Fund must be deposited for credit to the Fund.

     3.  Any money paid by a county pursuant to NRS 428.255 must be accounted for separately in the Fund and must be used to reimburse or partially reimburse a hospital for unpaid charges for hospital care pursuant to NRS 428.115 to 428.255, inclusive, as other claims against the Fund are paid.

     4.  Claims against the Fund must be paid on claims approved by the Board.

     Sec. 2.  NRS 428.195 is hereby amended to read as follows:

     428.195  1.  The Fund must be administered by a Board of Trustees composed of five members appointed by the Governor as follows:

     (a) Four county commissioners ; and

     (b) One director of a social services agency of a county.

     2.  The members of the Board of Trustees must be appointed by the Governor from a list of [ten] nominees submitted by the Board of Directors of the Nevada Association of Counties.

 


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     [2.]  The list of nominees must include six nominees who are county commissioners and three nominees who are directors of a social services agency of a county.

     3.  Each member of the Board of Trustees shall serve a term of [1 year] 2 years or until a successor has been appointed and has qualified.

     [3.] 4.  The position of a member of the Board of Trustees shall be considered vacated upon the loss of any of the qualifications required for the appointment of the member and in that event the Governor shall appoint a successor from a list of [two] nominees submitted by the Board of Directors of the Nevada Association of Counties. The list of nominees must include two county commissioners if the member of the Board is a county commissioner or two directors of a social services agency if the member of the board is the director of a social services agency of a county.

     5.  The director of a social services agency who is appointed to the Board of Trustees may designate a person to carry out his or her duties on the Board of Trustees when the director is unavailable, and any such designee has the same power as any other member of the Board of Trustees for the period in which he or she is designated to act on behalf of the director.

     6.  As used in this section, “social services agency” means any public agency or organization that provides social services in this State, including, without limitation, providing welfare and health care services.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  NRS 428.255 is hereby amended to read as follows:

     428.255  1.  Any reimbursement or partial reimbursement made from the Fund for unpaid charges for hospital care furnished to a person which are not greater than $3,000, is a charge upon the county in which:

     [1.] (a) The accident occurred, if the person is not a resident of this state and the accident occurred in this state; or

     [2.] (b) The person resides, if the person is a resident of this state,

and must be paid to the Fund upon a claim presented by the Board as other claims against the county are paid.

     2.  Money paid by a county pursuant to this section must be accounted for separately and expended in accordance with the provisions of subsection 3 of NRS 428.175.

     Sec. 5.  This act becomes effective upon passage and approval.

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CHAPTER 85, AB 42

Assembly Bill No. 42–Committee on Government Affairs

 

CHAPTER 85

 

[Approved: May 24, 2011]

 

AN ACT relating to counties; authorizing a county to lease certain real property acquired directly from the Federal Government in certain circumstances without obtaining an appraisal; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a board of county commissioners is authorized to sell, lease or otherwise dispose of real property owned by the county for the purposes of redevelopment or economic development without first offering the real property to the public and for less than its fair market value if the board: (1) obtains an appraisal of the real property; and (2) adopts a resolution finding that it is in the best interest of the public to sell, lease or otherwise dispose of the real property on those terms. (NRS 244.2815) Section 2 of this bill authorizes the board of county commissioners of a county whose population is less than 45,000 (currently Churchill, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Mineral, Nye, Pershing, Storey and White Pine Counties) to lease real property without obtaining an appraisal if: (1) the real property was acquired by the county from the Federal Government; and (2) the terms and conditions under which the real property was acquired prohibit the sale of the real property and provide for the reversion of the title to the real property to the Federal Government upon its demand. The board is required to comply with all other requirements of existing law applicable to such a lease, including the requirement for the adoption of a resolution that the lease is in the best interest of the public.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 244.2795 is hereby amended to read as follows:

     244.2795  1.  Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:

     (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it.

 


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2011 Statutes of Nevada, Page 348 (Chapter 85, AB 42)

 

fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.

     (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

     (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.

     2.  The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:

     (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

     (b) Be organized at random and rotated from time to time.

     3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.

     4.  An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

     5.  If real property is sold or leased in violation of the provisions of this section:

     (a) The sale or lease is void; and

     (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

     Sec. 2.  NRS 244.2815 is hereby amended to read as follows:

     244.2815  1.  A board of county commissioners may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:

     (a) Without first offering the real property to the public; and

     (b) For less than fair market value of the real property.

     2.  Before a board of county commissioners may sell, lease or otherwise dispose of real property pursuant to this section, the board must:

     (a) [Obtain] Except as otherwise provided in subsection 3, obtain an appraisal of the real property pursuant to NRS 244.2795; and

     (b) Adopt a resolution finding that it is in the best interest of the public to sell, lease or otherwise dispose of the real property:

           (1) Without offering the real property to the public; and

           (2) For less than fair market value of the real property.

     3.  The board of county commissioners of a county whose population is less than 45,000 may lease real property pursuant to this section without obtaining the appraisal otherwise required pursuant to subsection 2 if:

     (a) The real property was acquired by the county directly from the Federal Government; and

 


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     (b) The terms and conditions under which the real property was acquired prohibit the sale of the real property and provide for the reversion of the title to the real property to the Federal Government upon demand by the Federal Government.

     4.  As used in this section:

     (a) “Economic development” means:

           (1) The establishment of new commercial enterprises or facilities within the county;

           (2) The support, retention or expansion of existing commercial enterprises or facilities within the county;

           (3) The establishment, retention or expansion of public, quasi-public or other facilities or operations within the county;

           (4) The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or

           (5) Any combination of the activities described in subparagraphs (1) to (4), inclusive,

to create and retain opportunities of employment for the residents of the county.

     (b) “Redevelopment” has the meaning ascribed to it in NRS 279.408.

     Sec. 3.  NRS 244.2825 is hereby amended to read as follows:

     244.2825  1.  [A] Unless the provisions of NRS 244.2815 apply, a board of county commissioners may transfer real property which was acquired by the county directly from the Federal Government to a person without complying with the provisions of NRS 244.281 if the board of county commissioners determines that:

     (a) The property is part of an original mining townsite;

     (b) The person and the person’s predecessors in interest, if any, have continuously claimed, possessed and occupied such property for at least the 25 years immediately preceding the date of the transfer;

     (c) The person’s claim of right to possession of the property is based upon a written instrument issued to the person or the person’s predecessors in interest by a person who claimed a right to possess the property; and

     (d) The person or the person’s predecessors in interest have paid all taxes that have been assessed against the property for the period during which the person and the person’s predecessors in interest have claimed, possessed and occupied the property.

     2.  The board of county commissioners may sell real property which was acquired by the county directly from the Federal Government to a person without complying with the provisions of NRS 244.281 if the board of county commissioners determines that the requirements set forth in paragraphs (a) and (b) of subsection 1 apply to the property. To establish a price for a sale pursuant to this subsection, a board of county commissioners shall obtain an appraisal of the property from a person who is certified to appraise real estate pursuant to chapter 645C of NRS. The price of property sold pursuant to this subsection must be equal to the sum of the appraised value of the property plus the greater of:

     (a) One hundred dollars; or

     (b) The balance of the state, county and municipal taxes that are due and owing on the land for the 5 years immediately preceding the date of the sale.

 


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     3.  For purposes of this section, a person shall be deemed to have continuously possessed and occupied real property if during the time the person claims that the person and the person’s predecessors in interest, if any, have possessed and occupied the real property, the real property has been:

     (a) Usually inhabited, cultivated or improved by the person or the person’s predecessors in interest;

     (b) Protected by a substantial enclosure erected by the person or the person’s predecessors in interest; or

     (c) Used by the person or the person’s predecessors in interest for the production of fuel, timber, ore or minerals, for husbandry or pasturage or for any other habitual use that the board of county commissioners determines to be indicative of possession and occupancy.

     4.  Before submitting documents to the county recorder to record a transfer or sale of property to a person pursuant to this section, the board of county commissioners shall:

     (a) Charge and collect from the person to whom the real property is being transferred or sold a payment in an amount equal to the sum of:

           (1) If applicable, the sales price determined pursuant to subsection 2; and

           (2) The total cost to the county of:

                (I) Acquiring the property from the Federal Government; and

                (II) Conveying the property to the person; and

     (b) Submit the money collected pursuant to this section to the county treasurer.

     5.  As used in this section, “original mining townsite” means real property owned by the Federal Government upon which improvements were made:

     (a) Because a mining operation was located near the property; and

     (b) Based upon the belief that:

           (1) The property had been or would be acquired from the Federal Government by the entity that operated the mine; or

           (2) The person who made the improvement had a valid claim for acquiring the property from the Federal Government.

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

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2011 Statutes of Nevada, Page 351

 

CHAPTER 86, AB 45

Assembly Bill No. 45–Committee on Government Affairs

 

CHAPTER 86

 

[Approved: May 24, 2011]

 

AN ACT relating to district attorneys; revising requirements relating to attendance at meetings and at the county seat of certain district attorneys; requiring district attorneys to perform certain legal duties for the boards of county commissioners; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the district attorney in each county where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 2,500 (currently all counties other than Esmeralda, Eureka, Lander, Lincoln, Mineral, Pershing and Storey Counties) to keep an office open on all days excluding Saturdays, Sundays and nonjudicial days at the county seat during business hours. A district attorney who does not satisfy these requirements without prior approval from the board of county commissioners is guilty of a misdemeanor. Section 3 of this bill requires all district attorneys to keep an office open on all days excluding Saturdays, Sundays and nonjudicial days at the county seat during business hours but allows the board of county commissioners of a county whose population is 9,000 or less (currently Esmeralda, Eureka, Lander, Lincoln, Mineral, Pershing and Storey Counties) to issue an order that reduces the days and hours during which the office must be kept open.

       Existing law requires that a district attorney give his or her advice, when required, to members of the board of county commissioners upon matters relating to their duties. Section 4 of this bill requires each district attorney also to perform legal duties for the board of county commissioners, such as reviewing contracts, drafting ordinances, providing legal advice relating to federal, state and local law, and drawing legal papers on behalf of the board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 244.235 is hereby amended to read as follows:

     244.235  1.  As provided in NRS 252.170, the district attorney shall attend the [sittings] meetings of the board of county commissioners [when engaged in] relating to the auditing of accounts and claims brought against the county, and shall oppose such accounts and claims as the district attorney [may deem illegal, unjust or extortionate.] deems appropriate.

     2.  As provided in NRS 252.180, the district attorney shall not be allowed to present any claim, account or demand for allowance against the county, or in any way to advocate the relief asked on the claim or demand made by another.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  NRS 252.050 is hereby amended to read as follows:

     252.050  1.  [In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 2,500,] Except as otherwise provided in subsection 3, each district [attorneys] attorney shall keep an office at the county seat of their county, which must be kept open at least from 9 a.m.

 


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county, which must be kept open at least from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays and nonjudicial days. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, extend the days and hours during which the office of the district attorney must be kept open for the transaction of public business. The board of county commissioners may authorize the district attorney to rent, equip and operate, at public expense, one or more branch offices in the county.

     2.  In counties in which the county seat is not the principal center of population, the county commissioners may authorize the district attorney to rent, equip and operate, at public expense, a branch office at the county’s principal center of population. The branch office must be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof do not apply to a district attorney when called away from the branch office by official duties.

     3.  [Any] In a county whose population is less than 9,000, the board of county commissioners of the county may, by an order regularly made and entered in the record of its proceedings, reduce the days and hours during which the office of the district attorney must be kept open for the transaction of public business.

     4.  Except as otherwise provided in subsection 3, any district attorney violating the provisions of subsection 1 or 2 is guilty of a misdemeanor.

     If any district attorney is absent from his or her office, except:

     (a) When called away from his or her office by official duties;

     (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

     (c) When the district attorney first makes provision to leave his or her office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy qualified to act in his or her absence,

there must be withheld from his or her monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which the absence occurs. This amount must be withheld from the salary of the district attorney for the next succeeding month by order of the board of county commissioners; but no order in the premises may be made without first giving the district attorney reasonable notice and an opportunity to appear before the board and defend the charge against him or her.

     [4.  Notwithstanding any other provision of this section, the district attorney in each county having a population of 700 or less, regardless of where the district attorney resides or where he or she keeps his or her office, shall:

     (a) Attend all meetings, regular or special, of the board of county commissioners.

     (b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day each week at the county seat, and shall make himself or herself available to the county officers during those hours. The district attorney shall select the day of the week for his or her attendance at the county seat and shall thereafter spend that day each week at the county seat.]

 


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     Sec. 4.  NRS 252.170 is hereby amended to read as follows:

     252.170  1.  The district attorney [,] shall, when not in attendance [on] at the sittings of the district court as criminal prosecutor, [shall] attend the [sittings] meetings of the board of county commissioners . [, when engaged in] When attending meetings of the board of county commissioners relating to the auditing of accounts and claims brought against the county, [and in all cases] the district attorney shall oppose such accounts or claims as the district attorney [may deem illegal or unjust, and shall, at] deems appropriate.

     2.   Additional duties of the district attorney include, without limitation:

     (a) Reviewing all contracts under consideration by the board of county commissioners;

     (b) Drafting ordinances and amendments thereto;

     (c) Providing advice relating to the interpretation or application of county ordinances;

     (d) Providing advice relating to the impact of federal or state law on the county;

     (e) Drawing all legal papers on behalf of the board of county commissioners; and

     (f) At all times, [give] giving his or her advice , including written legal opinions, when required , to the members of the board of county commissioners upon matters relating to their duties.

     Sec. 5.  (Deleted by amendment.)

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2011 Statutes of Nevada, Page 354

 

CHAPTER 87, AB 46

Assembly Bill No. 46–Committee on Taxation

 

CHAPTER 87

 

[Approved: May 24, 2011]

 

AN ACT relating to taxation; clarifying the inapplicability of certain partial abatements of property taxes to various assessments relating to the adjudication of water rights and management of water resources; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a partial abatement of property taxes. (NRS 361.4722, 361.4723, 361.4724) Under existing law, a board of county commissioners is required to cause certain assessments relating to water resources to be levied on real property, including the court costs which may be assessed against the participants in certain proceedings for the adjudication of water rights, the budgetary expenses of certain stream systems or water districts which may be assessed against the property served, and the salaries of well supervisors and other assistants employed by the State Engineer which may be assessed against the property in certain groundwater basins. (NRS 533.190, 533.285, 534.040) This bill clarifies that the assessments relating to water resources are not subject to those partial abatements of property taxes.

 

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

     “Ad valorem taxes” does not include any assessments levied pursuant to NRS 533.190, 533.285 or 534.040.

     Sec. 2.  NRS 361.471 is hereby amended to read as follows:

     361.471  As used in NRS 361.471 to 361.4735, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 361.4712, 361.4715 and 361.4721 and section 1 of this act have the meanings ascribed to them in those sections.

     Sec. 3.  The amendatory provisions of this act:

     1.  Are intended to clarify rather than change the operation of NRS 361.4722, 361.4723 and 361.4724 with respect to the application of the partial abatements of ad valorem taxes set forth in those sections; and

     2.  Must not be applied in a manner that affects any calculations made to carry out the provisions of NRS 361.471 to 361.4735, inclusive, and any regulations adopted pursuant to those provisions for any fiscal year ending before July 1, 2011.

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

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2011 Statutes of Nevada, Page 355

 

CHAPTER 88, AB 50

Assembly Bill No. 50–Committee on Health and Human Services

 

CHAPTER 88

 

[Approved: May 24, 2011]

 

AN ACT relating to public health; authorizing the Health Division of the Department of Health and Human Services to collect the actual costs incurred for the enforcement of provisions relating to medical and related health facilities; providing exceptions to the collection of such costs; revising provisions governing homes for individual residential care; requiring facilities for the care of adults during the day to pay fees relating to licensure; repealing certain provisions relating to homes for individual residential care; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill authorizes the Health Division of the Department of Health and Human Services to charge and collect from medical facilities and facilities for the dependent and persons who operate such facilities without a license the actual costs incurred by the Health Division to enforce the provisions governing licensure and operation of such facilities, including to conduct investigations and inspections of the facilities, unless the enforcement activity is part of the process for the issuance or renewal of a license or is already provided for by money received from the Federal Government. Section 1 also authorizes the Health Division to use the money collected to pay the costs to the Health Division for administering and carrying out provisions relating to the licensure and operation of such facilities.

       Existing law requires a home for individual residential care to obtain a license and provides for the investigation and civil prosecution of persons who operate such homes without a license. (NRS 449.249, 449.2493, 449.2496) Section 18 of this bill repeals existing laws relating to homes for individual residential care. Section 2 of this bill requires homes for individual residential care to meet all licensing and operating requirements that are applicable to facilities for the dependent. Section 7 of this bill provides civil penalties and other actions that may be taken against persons who operate such homes without a license.

       Section 3 of this bill requires each application for a license to operate a facility for the care of adults during the day to be accompanied by a fee, which may be prescribed by the State Board of Health.

       Section 6 of this bill authorizes the Health Division to require the transfer of patients from a medical facility or facility for the dependent, at the expense of the facility, if the facility has exceeded its approved occupancy.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this section, the Health Division may charge and collect from a medical facility or facility for the dependent or a person who operates such a facility without a license issued by the Health Division the actual costs incurred by the Health Division for the enforcement of the provisions of this section and NRS 449.001 to 449.240, inclusive, including, without limitation, the actual cost of conducting an inspection or investigation of the facility.

 


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inclusive, including, without limitation, the actual cost of conducting an inspection or investigation of the facility.

     2.  The Health Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:

     (a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449.050 or 449.060; or

     (b) Conducted pursuant to an agreement with the Federal Government which has appropriated money for that purpose.

     3.  Any money collected pursuant to subsection 1 may be used by the Health Division to administer and carry out the provisions of this section and NRS 449.001 to 449.240, inclusive, and the regulations adopted pursuant thereto.

     Sec. 2.  NRS 449.0045 is hereby amended to read as follows:

     449.0045  “Facility for the dependent” includes:

     1.  A facility for the treatment of abuse of alcohol or drugs;

     2.  A halfway house for recovering alcohol and drug abusers;

     3.  A facility for the care of adults during the day;

     4.  A residential facility for groups;

     5.  An agency to provide personal care services in the home; [and]

     6.  A facility for transitional living for released offenders [.] ; and

     7.  A home for individual residential care.

     Sec. 3.  NRS 449.050 is hereby amended to read as follows:

     449.050  1.  [Except as otherwise provided in subsection 2, each] Each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

     2.  [A facility for the care of adults during the day is exempt from the fees imposed by the Board pursuant to this section.

     3.]  The fee imposed by the Board for a facility for transitional living for released offenders must be based on the type of facility that is being licensed and must be calculated to produce the revenue estimated to cover the costs related to the license, but in no case may a fee for a license exceed the actual cost to the Health Division of issuing or renewing the license.

     [4.] 3.  If an application for a license for a facility for transitional living for released offenders is denied, any amount of the fee paid pursuant to this section that exceeds the expenses and costs incurred by the Health Division must be refunded to the applicant.

     Sec. 4.  NRS 449.070 is hereby amended to read as follows:

     449.070  The provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act do not apply to:

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

     2.  Foster homes as defined in NRS 424.014.

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

 


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     Sec. 5.  NRS 449.160 is hereby amended to read as follows:

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

     (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 1 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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2011 Statutes of Nevada, Page 358 (Chapter 88, AB 50)

 

     Sec. 6.  NRS 449.163 is hereby amended to read as follows:

     449.163  1.  [If] In addition to the payment of the amount required by section 1 of this act, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

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

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

     (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

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

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

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

           (2) Improvements are made to correct the violation.

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

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

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

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

     4.  The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

     5.  Any money collected as administrative penalties pursuant to [this section] paragraph (d) of subsection 1 must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.

     Sec. 7.  NRS 449.210 is hereby amended to read as follows:

     449.210  1.  [Except] In addition to the payment of the amount required by section 1 of this act, except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the Health Division is guilty of a misdemeanor.

 


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     2.  [A] In addition to the payment of the amount required by section 1 of this act, a person who operates a residential facility for groups or a home for individual residential care without a license issued by the Health Division:

     (a) Is liable for a civil penalty to be recovered by the Attorney General in the name of the Health Division for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000;

     (b) Shall move all of the persons who are receiving services in the residential facility for groups or home for individual residential care to a residential facility for groups or home for individual residential care, as applicable, that is licensed at his or her own expense; and

     (c) May not apply for a license to operate a residential facility for groups or home for individual residential care, as applicable, for a period of 6 months after the person is punished pursuant to this section.

     3.  Unless otherwise required by federal law, the Health Division shall deposit all civil penalties collected pursuant to [this section] paragraph (a) of subsection 2 into a separate account in the State General Fund to be used for the protection of the health, safety and well-being of patients, including residents of residential facilities for groups [.] and homes for individual residential care.

     Sec. 8.  NRS 449.220 is hereby amended to read as follows:

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

     (a) Without first obtaining a license therefor; or

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

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

     Sec. 9.  NRS 449.240 is hereby amended to read as follows:

     449.240  The district attorney of the county in which the facility is located shall, upon application by the Health Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.001 to 449.245, inclusive [.] , and section 1 of this act.

     Sec. 10.  NRS 449.2487 is hereby amended to read as follows:

     449.2487  1.  A facility for the dependent, a medical facility [, a home for individual residential care] or an entity affiliated with such a facility [or home] which offers housing to persons that does not include the provision of care or services which require licensure pursuant to this chapter shall conspicuously post in the facility [or home] and shall include in any contracts of sale or agreements for occupancy a notice that includes the following information:

     (a) That the specific area of the facility [or home] is intended for independent living and does not directly provide or coordinate the oversight of services to meet the scheduled and unscheduled needs of its residents, including, without limitation, the provision of personal care, supportive services and health-related services.

 


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     (b) The other levels of care that are available to persons who require personal care, supportive services or health-related services, including, without limitation, residential facilities for groups, facilities for intermediate care and facilities for skilled nursing. The notice must describe the facilities and levels of care in language that is easy to understand.

     (c) A statement that encourages residents to reassess on a regular basis the type of housing and care that is most appropriate for them.

     2.  The Aging and Disability Services Division of the Department of Health and Human Services shall develop the language for the notice required by subsection 1 in consultation with nationally recognized advocacy groups for older persons and housing organizations.

     3.  For the purposes of this section, an entity is affiliated with a facility [or home] described in subsection 1 if:

     (a) It is under common or shared ownership;

     (b) It is under common or shared management; or

     (c) It receives promotional or marketing support from the facility . [or home.]

     Sec. 11.  NRS 449.700 is hereby amended to read as follows:

     449.700  1.  Every medical facility [,] and facility for the dependent [and home for individual residential care] must provide the services necessary to treat properly a patient in a particular case or must be able to arrange the transfer of the patient to another facility [or home] which can provide that care.

     2.  A patient may be transferred to another facility [or home] only if the patient has received an explanation of the need to transfer the patient and the alternatives available, unless the condition of the patient necessitates an immediate transfer to a facility for a higher level of care and the patient is unable to understand the explanation.

     Sec. 12.  NRS 449.705 is hereby amended to read as follows:

     449.705  1.  If a patient in a medical facility or facility for the dependent is transferred to another medical facility or facility for the dependent, a division facility or a physician licensed to practice medicine, the facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the other medical facility or facility for the dependent, the division facility or the physician. The facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

     2.  [If a person receiving services in a home for individual residential care is transferred to another home, the home shall forward a copy of his or her medical records to the other home in the manner provided in subsection 1.

     3.]  As used in this section:

     (a) “Division facility” means any unit or subunit operated by a division of the Department of Health and Human Services pursuant to title 39 of NRS.

     (b) “Medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

     Sec. 13.  NRS 449.710 is hereby amended to read as follows:

     449.710  Every patient of a medical facility [,] or facility for the dependent [or home for individual residential care] has the right to:

 


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     1.  Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he or she is a patient which relates to the care of the patient.

     2.  Obtain information concerning the professional qualifications or associations of the persons who are treating the patient.

     3.  Receive the name of the person responsible for coordinating the care of the patient in the facility . [or home.]

     4.  Be advised if the facility in which he or she is a patient proposes to perform experiments on patients which affect the patient’s own care or treatment.

     5.  Receive from his or her physician a complete and current description of the patient’s diagnosis, plan for treatment and prognosis in terms which the patient is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:

     (a) Provide the information to an appropriate person responsible for the patient; and

     (b) Inform that person that he or she shall not disclose the information to the patient.

     6.  Receive from his or her physician the information necessary for the patient to give his or her informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:

     (a) A description of the significant medical risks involved;

     (b) Any information on alternatives to the treatment or procedure if the patient requests that information;

     (c) The name of the person responsible for the procedure or treatment; and

     (d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.

     7.  Examine the bill for his or her care and receive an explanation of the bill, whether or not the patient is personally responsible for payment of the bill.

     8.  Know the regulations of the facility [or home] concerning his or her conduct at the facility . [or home.]

     9.  Receive, within reasonable restrictions as to time and place, visitors of the patient’s choosing, including, without limitation, friends and members of the patient’s family.

     Sec. 14.  NRS 449.715 is hereby amended to read as follows:

     449.715  1.  If, as a result of the incapacitation of a patient or the inability of a patient to communicate, the patient of a medical facility [,] or facility for the dependent [or home for individual residential care] who is 18 years of age or older is unable to inform the staff of the facility [or home] of the persons whom the patient authorizes to visit the patient at the facility , [or home,] the facility [or home] shall allow visitation rights to any person designated by the patient in a letter, form or other document authorizing visitation executed in accordance with subsection 2. The visitation rights required by this subsection must be:

     (a) Provided in accordance with the visitation policies of the facility ; [or home;] and

     (b) The same visitation rights that are provided to a member of the patient’s family who is legally related to the patient.

 


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     2.  A person 18 years of age or older wishing to designate a person for the purposes of establishing visitation rights in a medical facility [,] or facility for the dependent [or home for individual residential care] may execute a letter, form or other document authorizing visitation in substantially the following form:

 

(Date)..................................

     I, ..............................., (patient who is designating another person as having visitation rights of the patient) do hereby designate .................................. (person who is being designated as having visitation rights of the patient) as having the right to visit me in a medical facility [,] or facility for the dependent . [or home for individual residential care.] I hereby instruct all staff of a medical facility [,] or facility for the dependent [or home for individual residential care] in which I am a patient to admit ...................................... (person who is being designated as having visitation rights of the patient) to my room and afford him or her the same visitation rights as are provided to members of my family who are legally related to me during my time as a patient.

........................................................

     (Signed)

     Sec. 15.  NRS 449.720 is hereby amended to read as follows:

     449.720  1.  Every patient of a medical facility [,] or facility for the dependent [or home for individual residential care] has the right to:

     (a) Receive considerate and respectful care.

     (b) Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

     (c) Refuse to participate in any medical experiments conducted at the facility.

     (d) Retain his or her privacy concerning the patient’s program of medical care.

     (e) Have any reasonable request for services reasonably satisfied by the facility [or home] considering its ability to do so.

     (f) Receive continuous care from the facility . [or home.] The patient must be informed:

           (1) Of the patient’s appointments for treatment and the names of the persons available at the facility [or home] for those treatments; and

           (2) By his or her physician or an authorized representative of the physician, of the patient’s need for continuing care.

     2.  Except as otherwise provided in NRS 108.640, 239.0115, 439.538, 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS, discussions of the care of a patient, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient are confidential. The patient must consent to the presence of any person who is not directly involved with the patient’s care during any examination, consultation or treatment.

     Sec. 16.  NRS 449.730 is hereby amended to read as follows:

     449.730  1.  Every medical facility [,] and facility for the dependent [and home for individual residential care] shall inform each patient or the patient’s legal representative, upon the admission of the patient to the facility , [or home,] of the patient’s rights as listed in NRS 449.700, 449.710, 449.715 and 449.720.

 


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     2.  In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in NRS 449.771, the facility shall inform the patient of his or her rights pursuant to NRS 449.765 to 449.786, inclusive.

     3.  In addition to the requirements of subsections 1 and 2, every hospital shall, upon the admission of a patient to the hospital, provide to the patient or the patient’s legal representative a written disclosure approved by the Director, which written disclosure must set forth:

     (a) Notice of the existence of the Bureau for Hospital Patients created pursuant to NRS 223.575;

     (b) The address and telephone number of the Bureau; and

     (c) An explanation of the services provided by the Bureau, including, without limitation, the services for dispute resolution described in subsection 3 of NRS 223.575.

     4.  In addition to the requirements of subsections 1, 2 and 3, every hospital shall, upon the discharge of a patient from the hospital, provide to the patient or the patient’s legal representative a written disclosure approved by the Director, which written disclosure must set forth:

     (a) If the hospital is a major hospital:

           (1) Notice of the reduction or discount available pursuant to NRS 439B.260, including, without limitation, notice of the criteria a patient must satisfy to qualify for a reduction or discount under that section; and

           (2) Notice of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons, which policies and procedures are in addition to any reduction or discount required to be provided pursuant to NRS 439B.260. The notice required by this subparagraph must describe the criteria a patient must satisfy to qualify for the additional reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

     (b) If the hospital is not a major hospital, notice of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons. The notice required by this paragraph must describe the criteria a patient must satisfy to qualify for the reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

As used in this subsection, “major hospital” has the meaning ascribed to it in NRS 439B.115.

     5.  In addition to the requirements of subsections 1 to 4, inclusive, every hospital shall post in a conspicuous place in each public waiting room in the hospital a legible sign or notice in 14-point type or larger, which sign or notice must:

     (a) Provide a brief description of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons, including, without limitation:

           (1) Instructions for receiving additional information regarding such policies and procedures; and

           (2) Instructions for arranging to make payment;

     (b) Be written in language that is easy to understand; and

     (c) Be written in English and Spanish.

 


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     Sec. 17.  NRS 654.190 is hereby amended to read as follows:

     654.190  1.  The Board may, after notice and a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

     (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

     (b) Has obtained his or her license by the use of fraud or deceit.

     (c) Violates any of the provisions of this chapter.

     (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

     (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

     (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

     2.  The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

     3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

     4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

     5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

     Sec. 18.  NRS 449.249, 449.2493 and 449.2496 are hereby repealed.

     Sec. 19.  Any regulations relating to homes for individual residential care adopted by the State Board of Health pursuant to NRS 449.249 before January 1, 2012, remain in effect and may be enforced on and after January 1, 2012, as if adopted by the State Board of Health pursuant to NRS 449.037.

     Sec. 20.  A license to operate a home for individual residential care issued before January 1, 2012, pursuant to the provisions of NRS 449.249, 449.2493 and 449.2496 remains in effect after that date as if the license had been issued pursuant to the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act, and the holder of the license shall, on and after January 1, 2012, comply with the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act, and any regulations adopted pursuant thereto.

 


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January 1, 2012, comply with the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act, and any regulations adopted pursuant thereto.

     Sec. 21.  This act becomes effective on January 1, 2012.

________

CHAPTER 89, AB 61

Assembly Bill No. 61–Committee on Government Affairs

 

CHAPTER 89

 

[Approved: May 24, 2011]

 

AN ACT relating to substance abuse; creating the Substance Abuse Working Group temporarily within the Office of the Attorney General to study issues relating to substance abuse in this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       In 2007, the Governor established by executive order the Working Group on Methamphetamine Use in Nevada. The Working Group was charged with studying the impact of methamphetamine use in this State, including its impact on law enforcement, correctional facilities, social services and community services, and with preparing a report of its findings and recommendations. The 2007 Working Group completed the report of its findings and recommendations. Since then, the Governor has provided for the continuation of the Working Group by amending the original executive order in 2008 and again in 2009. The current Working Group continues until December 31, 2010.

       Section 2 of this bill creates a Substance Abuse Working Group within the Office of the Attorney General to study similar issues with respect to substance abuse generally in this State until June 30, 2015. Section 2 also provides that the Attorney General serves as the ex officio Chair of the Working Group and appoints the other nine members, who serve without compensation and are not entitled to per diem or travel expenses. Section 3 of this bill requires the Working Group to hold meetings at least every 3 months. Section 4 of this bill specifies issues for the Working Group to study and requires the Working Group to submit a report of its findings and recommendations to each regular session of the Legislature.

 

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

     Sec. 2.  1.  The Substance Abuse Working Group is hereby created within the Office of the Attorney General.

     2.  The Working Group consists of the Attorney General and nine members appointed by the Attorney General.

     3.  The Attorney General is the ex officio Chair of the Working Group.

     4.  The Working Group shall annually elect a Vice Chair and Secretary from among its members.

     5.  Each member who is appointed to the Working Group serves a term of 2 years. Members may be reappointed for additional terms of 2 years.

 


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years. Any vacancy occurring in the membership of the Working Group must be filled not later than 30 days after the vacancy occurs.

     6.  The members of the Working Group serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally.

     7.  Each member of the Working Group who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the officer or employee may prepare for and attend meetings of the Working Group and perform any work necessary to carry out the duties of the Working Group in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Working Group to make up the time the officer or employee is absent from work to carry out duties as a member of the Working Group or use annual leave or compensatory time for the absence.

     8.  The Attorney General shall provide such administrative support to the Working Group as is necessary to carry out the duties of the Working Group.

     Sec. 3.  1.  The Substance Abuse Working Group created by section 2 of this act shall meet at least once every 3 months at the times and places specified by a call of the Chair and may meet at such further times as deemed necessary by the Chair.

     2.  The Chair of the Working Group, or in the absence of the Chair, the Vice Chair of the Working Group, shall preside at each meeting of the Working Group.

     3.  A member of the Working Group may designate a person to represent him or her at a meeting of the Working Group if it is impractical for the member of the Working Group to attend the meeting. A representative who has been so designated:

     (a) Shall be deemed to be a member of the Working Group for the purpose of determining a quorum at the meeting; and

     (b) May vote on any matter that is voted on by the regular members of the Working Group at the meeting.

     Sec. 4.  1.  The Substance Abuse Working Group created by section 2 of this act shall study issues relating to substance abuse in the State of Nevada, including, without limitation:

     (a) The effect of substance abuse on law enforcement, prisons and other correctional facilities;

     (b) The sources and manufacturers of substances which are abused;

     (c) Methods and resources to prevent substance abuse;

     (d) Methods and resources to prevent the manufacture, trafficking and sale of substances which are abused;

     (e) The effectiveness of criminal and civil penalties in preventing substance abuse;

     (f) The effectiveness of criminal and civil penalties in preventing the manufacture, trafficking and sale of substances which are abused;

     (g) Resources available to assist substance abusers to rehabilitate and recover from the effects of abuse;

     (h) Programs available to educate youth about the effects of substance abuse;

 


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     (i) Programs available to educate family and friends of substance abusers about the manner in which to provide support and assistance to substance abusers; and

     (j) The effect of substance abuse on the economy.

     2.  On or before January 15 of each odd-numbered year, the Working Group shall submit a report of its findings and recommendations to the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

     Sec. 5.  This act becomes effective on July 1, 2011, and expires by limitation on June 30, 2015.

________

CHAPTER 90, AB 62

Assembly Bill No. 62–Committee on Government Affairs

 

CHAPTER 90

 

[Approved: May 24, 2011]

 

AN ACT relating to the Office of the Attorney General; authorizing the Attorney General to charge a fee for the prosecution of certain felony cases; authorizing the Attorney General to charge a regulatory body for certain training services provided by the Attorney General; authorizing the Attorney General to charge the Board of Homeopathic Medical Examiners, the State Board of Oriental Medicine and the Board of Psychological Examiners for all services relating to certain investigations conducted by the Attorney General; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Attorney General to prosecute a criminal case upon the request of a district attorney. (NRS 228.130) Section 1 of this bill authorizes the Attorney General to charge a county for costs relating to the prosecution of a category A or B felony. Section 1 requires the Attorney General and the district attorney for the county to agree upon the costs of the Attorney General which are related to the prosecution.

       Existing law requires the Attorney General to provide training to a new member of a regulatory body. (NRS 622.200) Section 3 of this bill authorizes the Attorney General to charge a regulatory body for providing training to a new member of a regulatory body.

       Existing law requires the Board of Homeopathic Medical Examiners, the State Board of Oriental Medicine and the Board of Psychological Examiners to transmit to the Attorney General complaints concerning certain persons regulated by those boards. Existing law further requires the Attorney General to investigate each such complaint. (NRS 630A.400, 630A.410, 634A.085, 641.270, 641.271) Section 4 of this bill authorizes the Board of Homeopathic Medical Examiners to retain the Attorney General to investigate a complaint against a homeopathic physician, and section 5 of this bill authorizes the Attorney General to charge the Board for all services related to the investigation. Section 6 of this bill authorizes the State Board of Oriental Medicine to retain the Attorney General to investigate a complaint against a doctor of Oriental medicine and authorizes the Attorney General to charge the Board for all services related to the investigation.

 


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Board for all services related to the investigation. Section 7 of this bill authorizes the Board of Psychological Examiners to retain the Attorney General to investigate a complaint against a psychologist, and section 8 of this bill authorizes the Attorney General to charge the Board for all services related to the investigation.

       Existing law requires the Board of Dispensing Opticians to submit a biennial report to the Attorney General. (NRS 637.080) Section 9 of this bill repeals the provision requiring the Board of Dispensing Opticians to submit a biennial report to the Attorney General.

 

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 228.130 is hereby amended to read as follows:

     228.130  1.  In all criminal cases where, in the judgment of the district attorney, the personal presence of the Attorney General or the presence of a deputy or special investigator is required in cases mentioned in subsection 2, before making a request upon the Attorney General for such assistance the district attorney must first present his or her reasons for making the request to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request to the Attorney General.

     2.  In all criminal cases where help is requested from the Attorney General’s Office, as mentioned in subsection 1, in the presentation of criminal cases before a committing magistrate, grand jury, or district court, the board of county commissioners of the county making such request shall, upon the presentation to the board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the Attorney General or his or her deputy or his or her special investigator from Carson City, Nevada, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such person for board and lodging from the date such person leaves until the date he or she returns to Carson City.

     3.  This section shall not be construed as directing or requiring the Attorney General to appear in any proceedings mentioned in subsection 2, but in acting upon any such request the Attorney General may exercise his or her discretion, and his or her judgment in such matters [shall be] is final.

     4.  In addition to any payment of expenses pursuant to subsection 2, the Attorney General may charge for the costs of providing assistance in the prosecution of a category A or B felony pursuant to this section. Such costs must be agreed upon by the Attorney General and the district attorney for the county for which the Attorney General provides assistance.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  NRS 622.200 is hereby amended to read as follows:

     622.200  1.  As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:

     [1.] (a) A written summary of the duties and responsibilities of a member of the regulatory body; and

     [2.] (b) Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218G.400, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.

 


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     2.  The Attorney General may, in accordance with the provisions of NRS 228.113, charge a regulatory body for all training provided pursuant to paragraph (b) of subsection 1.

     Sec. 4.  NRS 630A.400 is hereby amended to read as follows:

     630A.400  1.  The Board or a committee of its members designated by the Board shall review every complaint filed with the Board and conduct an investigation to determine whether there is a reasonable basis for compelling a homeopathic physician to take a mental or physical examination or an examination of his or her competence to practice homeopathic medicine.

     2.  If a committee is designated, it must be composed of at least three members of the Board, at least one of whom is a licensed homeopathic physician.

     3.  If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges gross or repeated malpractice, the Board [shall] may:

     (a) Retain the Attorney General to investigate the complaint; and

     (b) If the Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from its own review, to the Attorney General.

     4.  Following [the] an investigation, the committee shall present its evaluation and recommendations to the Board. The Board shall review the committee’s findings to determine whether to take any further action, but a member of the Board who participated in the investigation may not participate in this review or in any subsequent hearing or action taken by the Board.

     Sec. 5.  NRS 630A.410 is hereby amended to read as follows:

     630A.410  1.  [The] If the Board retains the Attorney General pursuant to NRS 630A.400, the Attorney General shall conduct an investigation of [each] the complaint transmitted to the Attorney General to determine whether it warrants proceedings for modification, suspension or revocation of license. If the Attorney General determines that such further proceedings are warranted, the Attorney General shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing before the Board.

     2.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General as to what action shall be pursued. The Board shall:

     (a) Dismiss the complaint; or

     (b) Proceed with appropriate disciplinary action.

     3.  If the Board retains the Attorney General pursuant to NRS 630A.400, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint.

     Sec. 6.  NRS 634A.085 is hereby amended to read as follows:

     634A.085  1.  If a written complaint regarding a [licensee] doctor of Oriental medicine is filed with the Board, the Board shall review the complaint. If, from the complaint or from other records, it appears that the complaint is not frivolous, the Board [shall] may:

 


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     (a) Retain the Attorney General to investigate the complaint; and

     (b) If the Board retains the Attorney General, transmit the original complaint and any facts or information obtained from the review to the Attorney General.

     2.  [The] If the Board retains the Attorney General, the Attorney General shall conduct an investigation of the complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license. If the Attorney General determines that further proceedings are warranted, the Attorney General shall report the results of the investigation and any recommendation to the Board.

     3.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

     (a) Dismiss the complaint; or

     (b) Proceed with appropriate disciplinary action.

     4.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

     5.  If the Board retains the Attorney General, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 2.

     Sec. 7.  NRS 641.270 is hereby amended to read as follows:

     641.270  When a complaint is filed with the Board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Board [shall] may:

     1.  Retain the Attorney General to investigate the complaint; and

     2.  If the Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.

     Sec. 8.  NRS 641.271 is hereby amended to read as follows:

     641.271  1.  [The] If the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General shall conduct an investigation of [each] a complaint transmitted to [him or her by the Board] the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

     2.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

     (a) Dismiss the complaint; or

     (b) Proceed with appropriate disciplinary action.

     3.  If the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 1.

     Sec. 9.  NRS 637.080 is hereby repealed.

     Sec. 10.  This act becomes effective on July 1, 2011.

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CHAPTER 91, AB 63

Assembly Bill No. 63–Committee on Government Affairs

 

CHAPTER 91

 

[Approved: May 24, 2011]

 

AN ACT relating to the Office of the Attorney General; revising provisions governing the duties of, and services provided by, the Attorney General; revising the conditions under which certain cooperative agreements between various public agencies may be reviewed by the Attorney General; authorizing the Attorney General to designate a city attorney or district attorney to prosecute certain false claims; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill authorizes the Attorney General to appoint a special deputy to provide legal advice to a state agency, board or commission that has the authority to regulate an occupation or profession if the Attorney General determines that it would be impracticable or uneconomical or constitute a conflict of interest for the Attorney General or a deputy attorney general to provide that service.

       Existing law authorizes a district attorney to request the personal presence of the Attorney General or the presence of a deputy attorney general or special investigator to provide assistance in the presentation of a criminal case, but limits the reimbursement for providing such assistance to traveling expenses. (NRS 228.130) Section 2 of this bill, with respect to the provision of such assistance, allows the Attorney General to appoint a special prosecutor under certain circumstances and provides different mechanisms for approving the compensation of the special prosecutor depending upon the severity of the crimes. Under existing law, the Attorney General is prohibited from receiving any fee for the performance of any duty required of him or her by law, but money may be paid to his or her office pursuant to law or an agreement with an agency of the State for the performance of any duty or service by his or her office. (NRS 228.150) Section 3 of this bill eliminates the prohibition against the Attorney General receiving a fee for the performance of a duty required of the Attorney General by law.

       Existing law authorizes certain public agencies to enter into cooperative agreements with other public agencies for purposes such as the performance of certain governmental functions, the sale, exchange or lease of real property and the consolidation of governmental services. (Chapter 277 of NRS) Under existing law, if a public agency intends to enter into such a cooperative agreement for which it is reasonably foreseeable that the agency will have to expend more than $25,000, the agreement must first be submitted to the Attorney General for a determination of whether the agreement comports with state law. (NRS 277.140) Section 4 of this bill provides that a public agency is not required to submit such an agreement to the Attorney General, but may do so, and also provides that the Attorney General may charge the public agency for the cost of determining whether the agreement comports with state law. Section 4 also provides that the Attorney General is not allowed to charge for that cost unless the determination is made within 30 days after the date on which the Attorney General receives the agreement.

       Existing law requires the Attorney General to investigate alleged false claims made against an officer, employee or agent of the State, a political subdivision of the State or certain contractors, grantees or other recipients of money from the State. The Attorney General is also authorized to bring a civil action against a person liable for such a false claim, and 33 percent of any recovery under such an action must be paid into the State General Fund for use by the Attorney General in investigating and prosecuting false claims. (NRS 357.070, 357.200) Section 7 of this bill authorizes a district attorney or city attorney to accept a designation from the Attorney General to investigate a false claim and bring a civil action against a person liable for the false claim.

 


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investigate a false claim and bring a civil action against a person liable for the false claim. Section 17 of this bill provides that, if a district attorney or city attorney acts as a designee of the Attorney General in a false claim action, the portion of any recovery that would otherwise be paid into the State General Fund for use by the Attorney General must instead be paid into the general fund of the political subdivision which employs the designee.

 

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

     1.  If the Attorney General:

     (a) Has been designated as the legal adviser for a regulatory body; and

     (b) Determines at any time that it is impracticable or uneconomical or could constitute a conflict of interest for the Attorney General or a deputy attorney general to provide legal advice to the regulatory body,

the Attorney General may appoint a special deputy to provide legal advice to the regulatory body.

     2.  Compensation for a special deputy appointed pursuant to subsection 1 must be:

     (a) Fixed by the Attorney General, subject to the approval of the State Board of Examiners; and

     (b) Paid by the regulatory body for which the special deputy is appointed to provide legal advice.

     3.  The provisions of this section do not alter, limit or otherwise affect the authority of the Attorney General to:

     (a) Appoint a special deputy or special deputy attorney general for the purposes specified in NRS 228.090; or

     (b) Employ special counsel for the purposes specified in NRS 41.03435.

     4.  As used in this section, “regulatory body” has the meaning ascribed to it in NRS 622.060.

     Sec. 2.  NRS 228.130 is hereby amended to read as follows:

     228.130  1.  In all criminal cases where, in the judgment of the district attorney, the personal presence of the Attorney General or the presence of a deputy attorney general or special investigator is required in cases mentioned in subsection 2, before making a request upon the Attorney General for such assistance the district attorney must first present his or her reasons for making the request to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request to the Attorney General.

     2.  In all criminal cases where [help] assistance is requested from the Attorney General’s Office, as [mentioned] described in subsection 1, in the presentation of criminal cases before a committing magistrate, grand jury, or district court, the board of county commissioners of the county making such request shall, upon the presentation to the board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the Attorney General or his or her deputy attorney general or his or her special investigator from Carson City, Nevada, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such person for board and lodging from the date such person leaves until the date he or she returns to Carson City.

 


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therefrom, and also pay the amount of money actually expended by such person for board and lodging from the date such person leaves until the date he or she returns to Carson City.

     3.  This section [shall] must not be construed as directing or requiring the Attorney General to appear in any proceedings mentioned in subsection 2, but in acting upon any such request the Attorney General may exercise his or her discretion, and his or her judgment in such matters [shall be] is final.

     4.  If the Attorney General:

     (a) Is requested, pursuant to subsection 1, to provide assistance to a district attorney in the presentation of a criminal case before a committing magistrate, grand jury or district court; and

     (b) Determines at any time before trial that it is impracticable or uneconomical or could constitute a conflict of interest for the Attorney General or a deputy attorney general to provide such assistance,

the Attorney General may, with the concurrence of the board of county commissioners and the district attorney, appoint a special prosecutor to present the criminal case.

     5.  Except as otherwise provided in subsection 6, compensation for a special prosecutor appointed pursuant to subsection 4 must be fixed by the Attorney General, subject to the approval of the State Board of Examiners.

     6.  For the prosecution of a category A or B felony, compensation and other terms and conditions must be agreed upon by the Attorney General and the district attorney of the county for which the special prosecutor is appointed to provide assistance.

     Sec. 3.  NRS 228.150 is hereby amended to read as follows:

     228.150  1.  When requested, the Attorney General shall give his or her opinion, in writing, upon any question of law, to the Governor, the Secretary of State, the State Controller, the State Treasurer, the Director of the Department of Corrections, to the head of any state department, agency, board or commission, to any district attorney and to any city attorney of any incorporated city within the State of Nevada, upon any question of law relating to their respective offices, departments, agencies, boards or commissions.

     2.  Nothing contained in subsection 1 requires the Attorney General to give his or her written opinion to any city attorney concerning questions relating to the interpretation or construction of city ordinances.

     3.  [The Attorney General is not entitled to receive any fee for the performance of any duty required of him or her by law, but money] Money may be paid to [his or her office or] the Office of the Attorney General pursuant to law , or pursuant to an agreement with an agency of the State , for the performance of any duty or service provided by his or her office.

     Sec. 4.  NRS 277.140 is hereby amended to read as follows:

     277.140  [As conditions precedent to the entry into force of any]

     1.  Any agreement made pursuant to NRS 277.080 to 277.170, inclusive, for which it is reasonably foreseeable that a public agency will be required to expend more than $25,000:

     [1.  The agreement must]

     (a) May be submitted to the Attorney General, who shall determine whether it is in proper form and compatible with the laws of this State. The Attorney General shall set forth in detail, in writing, addressed to the governing bodies of the public agencies concerned, any specific respects in which he or she finds that the proposed agreement fails to comply with the requirements of law.

 


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requirements of law. Any failure by the Attorney General to disapprove an agreement submitted under the provisions of this section within 30 days after its submission shall be deemed to constitute his or her approval.

     [2.  The agreement must]

     (b) Must be recorded with the county recorder of each county in which a participating political subdivision of this State is located and filed with the Secretary of State.

     2.  The Attorney General may charge the cost of performing any determination made pursuant to subsection 1 to the public agency that submits the agreement to the Attorney General for review, but only if the determination is made within 30 days after the date on which the Attorney General receives the agreement. Any such costs must be charged in a manner that is substantially similar to the manner for charging state agencies for services, as set forth in NRS 228.113.

     Sec. 5.  NRS 277.150 is hereby amended to read as follows:

     277.150  In the event that an agreement made pursuant to NRS 277.080 to 277.170, inclusive, deals in whole or in part with the provision of services of facilities over which an officer or agency of this State has constitutional or statutory powers of control, the agreement [shall,] must, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control for approval or disapproval as to all matters within the jurisdiction of the state officer or agency in the same manner and subject to the same requirements as govern the action of the Attorney General under NRS 277.140. This requirement of submission and approval is in addition to and not in substitution for the [requirement of] authority for submission and approval by the Attorney General.

     Sec. 6.  NRS 357.050 is hereby amended to read as follows:

     357.050  In a civil action pursuant to this chapter, the court may give judgment for not less than twice or more than three times the amount of damages sustained, and no civil penalty, if it finds that:

     1.  The person against whom the judgment is entered:

     (a) Furnished all information known to the person concerning the act, within 30 days after becoming aware of the information, to the Attorney General [;] or a designee of the Attorney General pursuant to NRS 357.070; and

     (b) Fully cooperated with any investigation of the act by the State or political subdivision; and

     2.  At the time the information was furnished, no criminal prosecution or civil or administrative proceeding had commenced with respect to the act and the person had no knowledge of the existence of any investigation with respect to the act.

     Sec. 7.  NRS 357.070 is hereby amended to read as follows:

     357.070  [The]

     1.  Except as otherwise provided in subsection 2, the Attorney General shall investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.

     2.  A district attorney or city attorney may accept a designation from the Attorney General to investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.

 


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     Sec. 8.  NRS 357.080 is hereby amended to read as follows:

     357.080  1.  Except as otherwise provided in this section and NRS 357.090 and 357.100, a private plaintiff may maintain an action pursuant to this chapter on his or her own account and that of the State if money, property or services provided by the State are involved, or on his or her own account and that of a political subdivision if money, property or services provided by the political subdivision are involved, or on his or her own account and that of both the State and a political subdivision if both are involved. After such an action is commenced, it may be dismissed only with leave of the court, taking into account the public purposes of this chapter and the best interests of the parties.

     2.  If a private plaintiff brings an action pursuant to this chapter, no other person may bring another action pursuant to this chapter based on the same facts.

     3.  An action may not be maintained by a private plaintiff pursuant to this chapter:

     (a) Against a member of the Legislature or the Judiciary, an elected officer of the Executive Department of the State Government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the State or political subdivision at the time the action was brought.

     (b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the State or political subdivision is already a party.

     4.  A complaint filed pursuant to this section must be placed under seal and so remain for at least 60 days or until the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 has elected whether to intervene. No service may be made upon the defendant until the complaint is unsealed.

     5.  On the date the private plaintiff files a complaint, he or she shall send a copy of the complaint to the Attorney General by mail with return receipt requested. The private plaintiff shall send with each copy of the complaint a written disclosure of substantially all material evidence and information he or she possesses. If a district attorney or city attorney has accepted a designation from the Attorney General pursuant to NRS 357.070, the Attorney General shall forward a copy of the complaint to the district attorney or city attorney, as applicable.

     6.  An action pursuant to this chapter may be brought in any judicial district in this State in which the defendant can be found, resides, transacts business or in which any of the alleged fraudulent activities occurred.

     Sec. 9.  NRS 357.100 is hereby amended to read as follows:

     357.100  1.  No action may be maintained pursuant to this chapter that is based upon the public disclosure of allegations or transactions in a criminal, civil or administrative hearing, in an investigation, report, hearing or audit conducted by or at the request of a house of the Legislature, an auditor or the governing body of a political subdivision, or from the news media, unless the action is brought by the Attorney General , a designee of the Attorney General pursuant to NRS 357.070 or an original source of the information.

 


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     2.  As used in this section, “original source” means a person:

     (a) Who has direct and independent knowledge of the information on which the allegations were based;

     (b) Who voluntarily provided the information to the State or political subdivision before bringing an action based on the information; and

     (c) Whose information provided the basis or caused the making of the investigation, hearing, audit or report that led to the public disclosure.

     Sec. 10.  NRS 357.110 is hereby amended to read as follows:

     357.110  1.  Within 60 days after receiving a complaint and disclosure, the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 may intervene and proceed with the action or, for good cause shown, move the court to extend the time for his or her election whether to proceed. The motion may be supported by affidavits or other submissions in chambers.

     2.  If the Attorney General or the Attorney General’s designee elects to intervene, the complaint must be unsealed. If the Attorney General or the Attorney General’s designee elects not to intervene, the private plaintiff may proceed and the complaint must be unsealed.

     Sec. 11.  NRS 357.120 is hereby amended to read as follows:

     357.120  1.  If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes, the private plaintiff remains a party to an action pursuant to NRS 357.080.

     2.  The Attorney General or the Attorney General’s designee may move to dismiss the action for good cause. The private plaintiff must be notified of the filing of the motion and is entitled to oppose it and present evidence at the hearing.

     3.  Except as otherwise provided in this subsection, the Attorney General or the Attorney General’s designee may settle the action. If the Attorney General or the Attorney General’s designee intends to settle the action, the Attorney General or the Attorney General’s designee shall notify the private plaintiff of that fact. Upon the request of the private plaintiff, the court shall determine whether settlement of the action is consistent with the public purposes of this chapter and shall not approve the settlement of the action unless it determines that such settlement is consistent with the public purposes of this chapter.

     Sec. 12.  NRS 357.130 is hereby amended to read as follows:

     357.130  1.  If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 elects not to intervene in an action pursuant to NRS 357.080, the private plaintiff has the same rights in conducting the action as the Attorney General or the Attorney General’s designee would have had. A copy of each pleading or other paper filed in the action, and a copy of the transcript of each deposition taken, must be mailed to the Attorney General or the Attorney General’s designee if the Attorney General or the Attorney General’s designee so requests and pays the cost thereof.

     2.  Upon timely application, the Attorney General or the Attorney General’s designee may intervene in an action in which he or she has previously declined to intervene, if the interest of the State or a political subdivision in recovery of the money or property involved is not being adequately represented by the private plaintiff.

     3.  If the Attorney General or the Attorney General’s designee so intervenes, the private plaintiff retains primary responsibility for conducting the action and any recovery must be apportioned as if the Attorney General or the Attorney General’s designee had not intervened.

 


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the action and any recovery must be apportioned as if the Attorney General or the Attorney General’s designee had not intervened.

     Sec. 13.  NRS 357.150 is hereby amended to read as follows:

     357.150  1.  The court may stay discovery by a private plaintiff for not more than 60 days if the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 shows that the proposed discovery would interfere with the investigation or prosecution of a civil or criminal matter arising out of the same facts, whether or not the Attorney General or the Attorney General’s designee participates in the action.

     2.  The court may extend the stay upon a further showing that the Attorney General or the Attorney General’s designee has pursued the civil or criminal investigation or proceeding with reasonable diligence and the proposed discovery would interfere with its continuation. Discovery may not be stayed for a total of more than 6 months over the objection of the private plaintiff, except for good cause shown by the Attorney General [.] or the Attorney General’s designee.

     3.  A showing made pursuant to this section must be made in chambers.

     Sec. 14.  NRS 357.160 is hereby amended to read as follows:

     357.160  Upon a showing by the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 that unrestricted participation by a private plaintiff would interfere with or unduly delay the conduct of an action, or would be repetitious, irrelevant or solely for harassment, the court may limit the participation of the private plaintiff by, among other measures, limiting:

     1.  The number of witnesses he or she may call;

     2.  The length of the testimony of the witnesses; or

     3.  His or her cross-examination of witnesses.

     Sec. 15.  NRS 357.170 is hereby amended to read as follows:

     357.170  1.  An action pursuant to this chapter may not be commenced more than 3 years after the date on which the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 discovers, or reasonably should have discovered, the fraudulent activity or more than 6 years after the fraudulent activity occurred, but in no event more than 10 years after the fraudulent activity occurred. Within those limits, an action may be based upon fraudulent activity that occurred before July 1, 2007.

     2.  In an action pursuant to this chapter, the standard of proof is a preponderance of the evidence. A finding of guilty or guilty but mentally ill in a criminal proceeding charging false statement or fraud, whether upon a verdict of guilty or guilty but mentally ill or a plea of guilty, guilty but mentally ill or nolo contendere, estops the person found guilty or guilty but mentally ill from denying an essential element of that offense in an action pursuant to this chapter based upon the same transaction as the criminal proceeding.

     Sec. 16.  NRS 357.180 is hereby amended to read as follows:

     357.180  1.  If the Attorney General , a designee of the Attorney General pursuant to NRS 357.070 or a private plaintiff prevails in or settles an action pursuant to NRS 357.080, the private plaintiff is entitled to a reasonable amount for expenses that the court finds were necessarily incurred, including reasonable costs, attorney’s fees and the fees of expert consultants and expert witnesses. Those expenses must be awarded against the defendant, and may not be allowed against the State or a political subdivision.

 


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     2.  If the defendant prevails in the action, the court may award the defendant reasonable expenses and attorney’s fees against the party or parties who participated in the action if it finds that the action was clearly frivolous or vexatious or brought solely for harassment.

     Sec. 17.  NRS 357.200 is hereby amended to read as follows:

     357.200  1.  If the Attorney General initiates an action pursuant to this chapter, 33 percent of any recovery must be paid into the State General Fund to the credit of a special account, for use by the Attorney General as appropriated or authorized by the Legislature in the investigation and prosecution of false claims.

     2.  If a designee of the Attorney General pursuant to NRS 357.070 initiates an action pursuant to this chapter, 33 percent of any recovery must be paid into the general fund of the political subdivision that employs the Attorney General’s designee.

     Sec. 18.  NRS 357.210 is hereby amended to read as follows:

     357.210  1.  If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes at the outset in an action pursuant to NRS 357.080, the private plaintiff is entitled, except as otherwise provided in NRS 357.220, to receive not less than 15 percent or more than 33 percent of any recovery, according to the extent of his or her contribution to the conduct of the action.

     2.  If the Attorney General or the Attorney General’s designee does not intervene in the action at the outset, the private plaintiff is entitled, except as otherwise provided in NRS 357.220, to receive not less than 25 percent or more than 50 percent of any recovery, as the court determines to be reasonable.

     Sec. 19.  NRS 357.220 is hereby amended to read as follows:

     357.220  1.  If the action is one described in NRS 357.090, the present or former employee of the State or political subdivision is not entitled to any minimum percentage of any recovery, but the court may award him or her no more than 33 percent of the recovery if the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes in the action at the outset, or no more than 50 percent if the Attorney General or the Attorney General’s designee does not intervene, according to the significance of his or her information, the extent of his or her contribution to the conduct of the action and the response to his or her efforts to report the false claim and gain recovery through other official channels.

     2.  If the private plaintiff is a present or former employee of the State or a political subdivision and benefited financially from the fraudulent activity, he or she is not entitled to any minimum percentage of any recovery, but the court may award the private plaintiff no more than 33 percent of the recovery if the Attorney General or the Attorney General’s designee intervenes in the action at the outset, or no more than 50 percent if the Attorney General or the Attorney General’s designee does not intervene, according to the significance of his or her information, the extent of his or her contribution to the conduct of the action, the extent of his or her involvement in the fraudulent activity, his or her attempts to avoid or resist the activity and the other circumstances of the activity.

     Sec. 20.  This act becomes effective on July 1, 2011.

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CHAPTER 92, AB 201

Assembly Bill No. 201–Committee on Government Affairs

 

CHAPTER 92

 

[Approved: May 24, 2011]

 

AN ACT relating to administrative regulations; requiring that the name and contact information of, and the name of the entity or organization represented by, each person who presented testimony at the hearing on the adoption of a regulation be included in the informational statement if such information was provided to the adopting agency; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes minimum procedural requirements for the adoption of regulations by certain agencies of the Executive Department of the State Government, including a requirement that these agencies file an informational statement with each regulation to indicate the manner in which public comment was solicited regarding the adoption of the regulation. (NRS 233B.040-233B.120) This bill adds a requirement that the name and contact information of, and the name of the entity or organization represented by, each person who presented testimony at the hearing on the adoption of the regulation be included in the informational statement if such information was provided to the agency that adopted the regulation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 233B.066 is hereby amended to read as follows:

     233B.066  1.  Except as otherwise provided in subsection 2, each adopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 or filed with the Secretary of State pursuant to subsection 2 or 3 of NRS 233B.070 must be accompanied by a statement concerning the regulation which contains the following information:

     (a) A description of how public comment was solicited, a summary of the public response and an explanation of how other interested persons may obtain a copy of the summary.

     (b) The number of persons who:

           (1) Attended each hearing;

           (2) Testified at each hearing; and

           (3) Submitted to the agency written statements.

     (c) For each person identified in subparagraphs (2) and (3) of paragraph (b), the following information if provided to the agency conducting the hearing:

           (1) Name;

           (2) Telephone number;

          (3) Business address;

           (4) Business telephone number;

           (5) Electronic mail address; and

           (6) Name of entity or organization represented.

 


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2011 Statutes of Nevada, Page 380 (Chapter 92, AB 201)

 

     (d) A description of how comment was solicited from affected businesses, a summary of their response and an explanation of how other interested persons may obtain a copy of the summary.

     [(d)] (e) If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adopting the regulation without change.

     [(e)] (f) The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately, and in each case must include:

           (1) Both adverse and beneficial effects; and

           (2) Both immediate and long-term effects.

     [(f)] (g) The estimated cost to the agency for enforcement of the proposed regulation.

     [(g)] (h) A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the name of the regulating federal agency.

     [(h)] (i) If the regulation includes provisions which are more stringent than a federal regulation which regulates the same activity, a summary of such provisions.

     [(i)] (j) If the regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.

     2.  The requirements of paragraphs (a) to [(d),] (e), inclusive, of subsection 1 do not apply to emergency regulations.

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

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2011 Statutes of Nevada, Page 381

 

CHAPTER 93, AB 214

Assembly Bill No. 214–Committee on Commerce and Labor

 

CHAPTER 93

 

[Approved: May 24, 2011]

 

AN ACT relating to escrow accounts; requiring that certain disbursements of money from escrow accounts be payable in United States currency; requiring that certain disbursements of money from escrow accounts be disbursed in accordance with federal law governing next-day availability of such money; establishing provisions concerning the disbursement of money from an escrow account by a title insurer, title agent or escrow officer; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law governs the disbursement of money held in escrow by an escrow officer or escrow agent relating to certain transactions and prohibits disbursements from an escrow account on the same business day as the money is deposited unless the deposit is made in certain forms which allow for the immediate withdrawal of the money. (NRS 645A.171) Section 1 of this bill requires certain disbursements by an escrow agent which are available on the same business day as that on which the money is deposited to be payable in United States currency. Section 1 also requires that money in an escrow account which is accorded next-day availability be disbursed by the escrow agent in accordance with all applicable federal laws.

       Section 2 of this bill establishes provisions concerning the disbursement of money from an escrow account by a title insurer, title agent or escrow officer with respect to real estate transactions. Section 2 prohibits the disbursement of such money until deposits that are at least equal to the proposed disbursement have been received, prohibits the disbursement unless the deposit is made in certain forms which allow for the immediate withdrawal of the money and requires that money in an escrow account which is accorded next-day availability be disbursed by the title insurer, title agent or escrow officer in accordance with all applicable federal laws.

 

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 645A.171 is hereby amended to read as follows:

     645A.171  1.  [No escrow officer or person who acts as an] An escrow agent [may] shall not disburse money from an escrow account unless deposits which are at least equal in value to the proposed disbursements and which relate directly to the transaction for which the money is to be disbursed have been received.

     2.  [No escrow officer or person who acts as an] An escrow agent [may] shall not disburse money from an escrow account on the same business day as the money is deposited unless the deposit is made in one of the following forms:

     (a) Cash;

     (b) Interbank electronic transfer such that the money deposited is available for immediate withdrawal without condition [;] and payable in United States currency;

 


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2011 Statutes of Nevada, Page 382 (Chapter 93, AB 214)

 

     (c) Negotiable order of withdrawal, money order, cashier’s check or certified check which is payable in this State and which is drawn from a financial institution located in this State;

     (d) Any depository check, including any cashier’s check or teller’s check, that is governed by the Expedited Funds Availability Act, 12 U.S.C. งง 4001 et seq.; or

     (e) Any other form that permits conversion of the deposit to cash on the same day as the deposit is made.

     3.  [As used in this section, “escrow officer” has the meaning ascribed to it in NRS 692A.028.] An escrow agent who disburses money from an escrow account pursuant to this section on the next business day after the day on which the money is deposited shall comply with all applicable federal laws or regulations with respect to the disbursement of money accorded next-day availability that is deposited in an escrow account.

     Sec. 2.  Chapter 692A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A title insurer, title agent or escrow officer shall not disburse money from an escrow account unless deposits which are at least equal in value to the proposed disbursements and which relate directly to the transaction for which the money is to be disbursed have been received.

     2.  A title insurer, title agent or escrow officer shall not disburse money from an escrow account on the same business day as the money is deposited unless the deposit is made in one of the following forms:

     (a) Cash;

     (b) Interbank electronic transfer such that the money deposited is available for immediate withdrawal without condition and payable in United States currency;

     (c) Negotiable order of withdrawal, money order, cashier’s check or certified check which is payable in this State and which is drawn from a financial institution located in this State;

     (d) Any depository check, including any cashier’s check or teller’s check, that is governed by the Expedited Funds Availability Act, 12 U.S.C. งง 4001 et seq.; or

     (e) Any other form that permits conversion of the deposit to cash on the same day as the deposit is made.

     3.  A title insurer, title agent or escrow officer who disburses money from an escrow account pursuant to this section on the next business day after the day on which the money is deposited shall comply with all applicable federal laws or regulations with respect to the disbursement of money accorded next-day availability that is deposited in an escrow account.

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