[Rev. 2/6/2019 2:57:12 PM]
κ2009 Statutes of Nevada, Page 617κ
Assembly Bill No. 528Committee on Ways and Means
CHAPTER 169
AN ACT relating to the Department of Cultural Affairs; temporarily suspending the requirement that the State Library and Archives be open to the public during certain days and hours; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
This bill suspends for 2 years the requirement in existing law that the State Library and Archives be open for the use of the public for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays. (NRS 378.070)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 378.070 is hereby amended to read as follows:
378.070 The State Library and Archives Administrator may designate the hours that the State Library and Archives must be open for the use of the public . [, but they must be open for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays.]
Sec. 2. This act becomes effective on July 1, 2009, and expires by limitation on June 30, 2011.
________
Assembly Bill No. 538Committee on Ways and Means
CHAPTER 170
AN ACT relating to controlled substances; transferring the program for the medical use of marijuana from the State Department of Agriculture to the Health Division of the Department of Health and Human Services; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law provides that the limited and regulated use of marijuana by persons who suffer from certain medical conditions and who obtain a registry identification card through a program governed by the State Department of Agriculture is exempt from prosecution under the laws of this State. (Chapter 453A of NRS) This bill transfers the responsibility for the governance of the registry identification card program from the State Department of Agriculture to the Health Division of the Department of Health and Human Services.
κ2009 Statutes of Nevada, Page 618 (CHAPTER 170, AB 538)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453A.140 is hereby amended to read as follows:
453A.140 Registry identification card means a document issued by the [Department] Division or its designee that identifies:
1. A person who is exempt from state prosecution for engaging in the medical use of marijuana; or
2. The designated primary caregiver, if any, of a person described in subsection 1.
Sec. 2. NRS 453A.210 is hereby amended to read as follows:
453A.210 1. The [Department] Division shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.
2. Except as otherwise provided in subsections 3 and 5 and NRS 453A.225, the [Department] Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the [Department] Division accompanied by the following:
(a) Valid, written documentation from the persons attending physician stating that:
(1) The person has been diagnosed with a chronic or debilitating medical condition;
(2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and
(3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;
(b) The name, address, telephone number, social security number and date of birth of the person;
(c) Proof satisfactory to the [Department] Division that the person is a resident of this State;
(d) The name, address and telephone number of the persons attending physician; and
(e) If the person elects to designate a primary caregiver at the time of application:
(1) The name, address, telephone number and social security number of the designated primary caregiver; and
(2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.
3. The [Department] Division or its designee shall issue a registry identification card to a person who is under 18 years of age if:
(a) The person submits the materials required pursuant to subsection 2; and
(b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:
(1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;
κ2009 Statutes of Nevada, Page 619 (CHAPTER 170, AB 538)κ
(2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;
(3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and
(4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.
4. The form prescribed by the [Department] Division to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the [Department] Division shall:
(a) Record on the application the date on which it was received;
(b) Retain one copy of the application for the records of the [Department;] Division; and
(c) Distribute the other four copies of the application in the following manner:
(1) One copy to the person who submitted the application;
(2) One copy to the applicants designated primary caregiver, if any;
(3) One copy to the Central Repository for Nevada Records of Criminal History; and
(4) One copy to:
(I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or
(II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.
Κ The Central Repository for Nevada Records of Criminal History shall report to the [Department] Division its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the [Department] Division its findings as to the licensure and standing of the applicants attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).
5. The [Department] Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The [Department] Division may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The [Department] Division may deny an application only on the following grounds:
(a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:
(1) Establish his chronic or debilitating medical condition; or
(2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;
κ2009 Statutes of Nevada, Page 620 (CHAPTER 170, AB 538)κ
(b) The applicant failed to comply with regulations adopted by the [Department,] Division, including, without limitation, the regulations adopted by the [Director] Administrator pursuant to NRS 453A.740;
(c) The [Department] Division determines that the information provided by the applicant was falsified;
(d) The [Department] Division determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;
(e) The [Department] Division determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;
(f) The [Department] Division has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300;
(g) The [Department] Division determines that the applicant, or his designated primary caregiver, if applicable, has had a registry identification card revoked pursuant to NRS 453A.225; or
(h) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.
6. The decision of the [Department] Division to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the persons parent or legal guardian, has standing to contest the determination of the [Department.] Division. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
7. A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the [Department] Division or a court of competent jurisdiction authorizes reapplication in a shorter time.
8. Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the [Department] Division has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the [Department] Division received the application.
9. As used in this section, resident has the meaning ascribed to it in NRS 483.141.
Sec. 3. NRS 453A.220 is hereby amended to read as follows:
453A.220 1. If the [Department] Division approves an application pursuant to subsection 5 of NRS 453A.210, the [Department] Division or its designee shall, as soon as practicable after the [Department] Division approves the application:
κ2009 Statutes of Nevada, Page 621 (CHAPTER 170, AB 538)κ
(a) Issue a serially numbered registry identification card to the applicant; and
(b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.
2. A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:
(a) The name, address, photograph and date of birth of the applicant;
(b) The date of issuance and date of expiration of the registry identification card;
(c) The name and address of the applicants designated primary caregiver, if any; and
(d) Any other information prescribed by regulation of the [Department.] Division.
3. A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:
(a) The name, address and photograph of the designated primary caregiver;
(b) The date of issuance and date of expiration of the registry identification card;
(c) The name and address of the applicant for whom the person is the designated primary caregiver; and
(d) Any other information prescribed by regulation of the [Department.] Division.
4. Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the [Department.] Division.
Sec. 4. NRS 453A.225 is hereby amended to read as follows:
453A.225 1. If, at any time after the [Department] Division or its designee has issued a registry identification card to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220, the [Department] Division determines, on the basis of official documents or records or other credible evidence, that the person:
(a) Provided falsified information on his application to the [Department] Division or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210; or
(b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210,
Κ the [Department] Division shall immediately revoke the registry identification card issued to that person and shall immediately revoke the registry identification card issued to that persons designated primary caregiver, if any.
2. If, at any time after the [Department] Division or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the [Department] Division determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the [Department] Division shall immediately revoke the registry identification card issued to that person.
κ2009 Statutes of Nevada, Page 622 (CHAPTER 170, AB 538)κ
3. Upon the revocation of a registry identification card pursuant to this section:
(a) The [Department] Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been revoked, advising the person of the requirements of paragraph (b); and
(b) The person shall return his registry identification card to the [Department] Division within 7 days after receiving the notice sent pursuant to paragraph (a).
4. The decision of the [Department] Division to revoke a registry identification card pursuant to this section is a final decision for the purposes of judicial review.
5. A person whose registry identification card has been revoked pursuant to this section may not reapply for a registry identification card pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the [Department] Division or a court of competent jurisdiction authorizes reapplication in a shorter time.
Sec. 5. NRS 453A.230 is hereby amended to read as follows:
453A.230 1. A person to whom the [Department] Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the [Department:] Division:
(a) Notify the [Department] Division of any change in his name, address, telephone number, attending physician or designated primary caregiver, if any; and
(b) Submit annually to the [Department:] Division:
(1) Updated written documentation from his attending physician in which the attending physician sets forth that:
(I) The person continues to suffer from a chronic or debilitating medical condition;
(II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and
(III) He has explained to the person the possible risks and benefits of the medical use of marijuana; and
(2) If he elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the persons designated primary caregiver during the previous year:
(I) The name, address, telephone number and social security number of the designated primary caregiver; and
(II) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.
2. A person to whom the [Department] Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the [Department,] Division, notify the [Department] Division of any change in his name, address, telephone number or the identity of the person for whom he acts as designated primary caregiver.
3. If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card issued to him shall be deemed expired. If the registry identification card of a person to whom the [Department] Division or its designee issued the card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the persons designated primary caregiver, if any, shall also be deemed expired.
κ2009 Statutes of Nevada, Page 623 (CHAPTER 170, AB 538)κ
identification card issued to the persons designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card pursuant to this subsection:
(a) The [Department] Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and
(b) The person shall return his registry identification card to the [Department] Division within 7 days after receiving the notice sent pursuant to paragraph (a).
Sec. 6. NRS 453A.240 is hereby amended to read as follows:
453A.240 If a person to whom the [Department] Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by his attending physician as no longer having a chronic or debilitating medical condition, the person and his designated primary caregiver, if any, shall return their registry identification cards to the [Department] Division within 7 days after notification of the diagnosis.
Sec. 7. NRS 453A.250 is hereby amended to read as follows:
453A.250 1. If a person who applies to the [Department] Division for a registry identification card or to whom the [Department] Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:
(a) To designate a primary caregiver at the time of application, submit to the [Department] Division the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210; or
(b) To designate a primary caregiver after the [Department] Division or its designee has issued a registry identification card to him, submit to the [Department] Division the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.
2. A person may have only one designated primary caregiver at any one time.
3. If a person designates a primary caregiver after the time that he initially applies for a registry identification card, the [Department] Division or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.
Sec. 8. NRS 453A.300 is hereby amended to read as follows:
453A.300 1. A person who holds a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:
(a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.
(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, 484.379778, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.
(c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.
κ2009 Statutes of Nevada, Page 624 (CHAPTER 170, AB 538)κ
(d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:
(1) Any public place or in any place open to the public or exposed to public view; or
(2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.
(e) Delivering marijuana to another person who he knows does not lawfully hold a registry identification card issued by the [Department] Division or its designee pursuant to NRS 453A.220 or 453A.250.
(f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the [Department] Division or its designee pursuant to NRS 453A.220 or 453A.250.
2. Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the [Department] Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the [Department or] Division to carry out the provisions of this chapter, the [Department] Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.
Sec. 9. NRS 453A.310 is hereby amended to read as follows:
453A.310 1. Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:
(a) Is a person who:
(1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his arrest and has been advised by his attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;
(2) Is engaged in the medical use of marijuana; and
(3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the persons attending physician to mitigate the symptoms or effects of the persons chronic or debilitating medical condition; or
(b) Is a person who:
(1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and
(2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted persons attending physician to mitigate the symptoms or effects of the assisted persons chronic or debilitating medical condition.
κ2009 Statutes of Nevada, Page 625 (CHAPTER 170, AB 538)κ
2. A person need not hold a registry identification card issued to him by the [Department] Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.
3. Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:
(a) Asserting a defense of medical necessity; or
(b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,
Κ if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.
4. A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his intent to claim the affirmative defense. The written notice must:
(a) State specifically why the defendant believes he is entitled to assert the affirmative defense; and
(b) Set forth the factual basis for the affirmative defense.
Κ A defendant who fails to provide notice of his intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.
Sec. 10. NRS 453A.400 is hereby amended to read as follows:
453A.400 1. The fact that a person possesses a registry identification card issued to him by the [Department] Division or its designee pursuant to NRS 453A.220 or 453A.250 does not, alone:
(a) Constitute probable cause to search the person or his property; or
(b) Subject the person or his property to inspection by any governmental agency.
2. Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, drug paraphernalia or other related property from a person engaged or assisting in the medical use of marijuana:
(a) The law enforcement agency shall ensure that the marijuana, drug paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.
(b) Any property interest of the person from whom the marijuana, drug paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.
(c) Upon a determination by the district attorney of the county in which the marijuana, drug paraphernalia or other related property was seized, or his designee, that the person from whom the marijuana, drug paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter, the law enforcement agency shall immediately return to that person any usable marijuana, marijuana plants, drug paraphernalia or other related property that was seized.
Κ The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.
κ2009 Statutes of Nevada, Page 626 (CHAPTER 170, AB 538)κ
3. For the purposes of paragraph (c) of subsection 2, the determination of a district attorney or his designee that a person is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be evidenced by:
(a) A decision not to prosecute;
(b) The dismissal of charges; or
(c) Acquittal.
Sec. 11. NRS 453A.700 is hereby amended to read as follows:
453A.700 1. Except as otherwise provided in this section, NRS 239.0115 and subsection 4 of NRS 453A.210, the [Department] Division and any designee of the [Department] Division shall maintain the confidentiality of and shall not disclose:
(a) The contents of any applications, records or other written documentation that the [Department] Division or its designee creates or receives pursuant to the provisions of this chapter; or
(b) The name or any other identifying information of:
(1) An attending physician; or
(2) A person who has applied for or to whom the [Department] Division or its designee has issued a registry identification card.
Κ Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.
2. Notwithstanding the provisions of subsection 1, the [Department] Division or its designee may release the name and other identifying information of a person to whom the [Department] Division or its designee has issued a registry identification card to:
(a) Authorized employees of the [Department] Division or its designee as necessary to perform official duties of the [Department;] Division; and
(b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250.
Sec. 12. NRS 453A.710 is hereby amended to read as follows:
453A.710 1. A person may submit to the Division a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions pursuant to NRS 453A.050.
2. The Division shall adopt regulations setting forth the manner in which the Division will accept and evaluate petitions submitted pursuant to this section. The regulations must provide, without limitation, that:
(a) The Division will approve or deny a petition within 180 days after the Division receives the petition; and
(b) [If the Division approves a petition, the Division will, as soon as practicable thereafter, transmit to the Department information concerning the disease or condition that the Division has approved; and
(c)] The decision of the Division to deny a petition is a final decision for the purposes of judicial review.
Sec. 13. NRS 453A.720 is hereby amended to read as follows:
453A.720 1. The [Director] Administrator of the [Department] Division may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter.
κ2009 Statutes of Nevada, Page 627 (CHAPTER 170, AB 538)κ
2. Any money the [Director] Administrator receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.730.
Sec. 14. NRS 453A.730 is hereby amended to read as follows:
453A.730 1. Any money the [Director] Administrator of the [Department] Division receives pursuant to NRS 453A.720 or that is appropriated to carry out the provisions of this chapter:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;
(b) May only be used to carry out the provisions of this chapter, including the dissemination of information concerning the provisions of this chapter and such other information as determined appropriate by the [Director;] Administrator; and
(c) Does not revert to the State General Fund at the end of any fiscal year.
2. The [Director] Administrator of the [Department] Division shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.
Sec. 15. NRS 453A.740 is hereby amended to read as follows:
453A.740 The [Director] Administrator of the [Department] Division shall adopt such regulations as the [Director] Administrator determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:
1. Procedures pursuant to which the [State Department of Agriculture] Division will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the [State Department of Agriculture] Division will:
(a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or
(b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:
(1) The person presents to the Department of Motor Vehicles valid documentation issued by the [State Department of Agriculture] Division indicating that the [State Department of Agriculture] Division has approved the issuance of a registry identification card to the person; and
(2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the [State Department of Agriculture] Division has approved the issuance of a registry identification card to the person.
2. Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.
3. Fees for:
(a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and
(b) Processing and issuing a registry identification card, which fee must not exceed $150.
Sec. 16. NRS 453A.070 and 453A.640 are hereby repealed.
κ2009 Statutes of Nevada, Page 628 (CHAPTER 170, AB 538)κ
Sec. 17. 1. The amendatory provisions of this act do not affect the validity of an unexpired registry identification card that was issued by the State Department of Agriculture before July 1, 2009. However, upon the expiration of such a registry identification card, a person who wishes to retain the limited exemption from state prosecution which is set forth in NRS 453A.200 must:
(a) Reapply to the Division for a new registry identification card issued by that agency.
(b) Pay any necessary fees as set forth in NRS 453A.740 or any regulations adopted pursuant to chapter 453A of NRS.
2. As used in this section:
(a) Division has the meaning ascribed to it in NRS 453A.090.
(b) Registry identification card has the meaning ascribed to it in NRS 453A.140.
Sec. 18. 1. The administrative regulations adopted by the State Department of Agriculture pursuant to NRS 453A.740 remain in force and are hereby transferred to become the administrative regulations of the Health Division of the Department of Health and Human Services on July 1, 2009. On and after July 1, 2009, these regulations must be interpreted in a manner so that all references to the State Department of Agriculture and its constituent parts are read and interpreted as being references to the Health Division and its constituent parts, regardless of whether those references have been conformed pursuant to section 19 of this act at the time of interpretation.
2. Any contracts or other agreements entered into by the State Department of Agriculture and its constituent parts pursuant to chapter 453A of NRS are binding upon the Health Division of the Department of Health and Human Services on and after July 1, 2009, rather than the State Department of Agriculture and its constituent parts. Such contracts and other agreements may be enforced by the Health Division of the Department of Health and Human Services on and after July 1, 2009.
3. Any action taken by the State Department of Agriculture or its constituent parts pursuant to chapter 453A of NRS before July 1, 2009, remains in effect as if taken by the Health Division of the Department of Health and Human Services or its constituent parts on and after that date.
Sec. 19. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 20. 1. This section and section 19 of this act become effective upon passage and approval.
2. Sections 1 to 18, inclusive, of this act become effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 629κ
Senate Bill No. 4Committee on Health and Education
CHAPTER 171
AN ACT relating to public welfare; requiring the Department of Health and Human Services to establish and maintain a system for the electronic submission of applications for Medicaid and the Childrens Health Insurance Program; requiring certain agencies to use the system to forward such applications to the Department; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law provides for the administration of welfare programs pursuant to federal law, including Medicaid and the Childrens Health Insurance Program. (Chapters 422 and 422A of NRS) This bill requires the Department of Health and Human Services to establish and maintain a system which allows applicants for these programs to submit applications electronically. This bill further requires agencies that are designated by the Director of the Department to receive applications or determine eligibility for Medicaid or the Childrens Health Insurance Program to use the system to forward applications to the Department.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall establish and maintain a system which allows an applicant for Medicaid or the Childrens Health Insurance Program to submit the application electronically. The system must allow an applicant to submit an application through the Internet or another on-line service designated by the Department.
2. An agency designated by the Director to receive applications or determine eligibility for Medicaid or the Childrens Health Insurance Program shall use the system established pursuant to subsection 1 to forward to the Department all applications received by the agency.
3. An applicant for Medicaid or the Childrens Health Insurance Program must not be required to submit an application electronically. If an applicant submits a written application to an agency designated by the Director, the agency shall create an electronic application on behalf of the applicant and use the system established pursuant to subsection 1 to forward the application to the Department.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 630κ
Senate Bill No. 27Committee on Energy, Infrastructure and Transportation
CHAPTER 172
AN ACT relating to motor carriers; revising provisions relating to persons required to obtain a certificate of public convenience and necessity; setting forth requirements for the issuance of a certificate of public convenience and necessity to an owner or operator of a charter bus; authorizing the Nevada Transportation Authority to dispense with a hearing on an application for a permit in the absence of a petition to intervene; revising the requirements for the release of a vehicle from impoundment; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Section 1 of this bill expressly requires owners and operators of charter buses which are not fully regulated carriers to have a certificate of public convenience and necessity before conducting certain operations as motor carriers in this State.
Section 2 of this bill sets forth the conditions under which the Nevada Transportation Authority shall issue a certificate of public convenience and necessity to an owner or operator of a charter bus.
Section 3 of this bill sets forth the requirements to be met by the Authority when the Authority deems it necessary to conduct a hearing on an application for a permit and the circumstances under which the Authority can dispense with a hearing which it has set.
Section 4 of this bill allows a registered owner to recover an impounded vehicle by posting a bond in lieu of appearing for an administrative hearing.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.386 is hereby amended to read as follows:
706.386 It is unlawful, except as otherwise provided in NRS 373.117, 706.446, 706.453 and 706.745, for any [fully] :
1. Fully regulated common motor carrier to operate as a carrier of intrastate commerce [and any operator] ;
2. Owner or operator of a charter bus which is not a fully regulated carrier to operate as a carrier of intrastate commerce; or
3. Operator of a tow car to perform towing services within this State ,
Κ without first obtaining a certificate of public convenience and necessity from the Authority.
Sec. 2. NRS 706.391 is hereby amended to read as follows:
706.391 1. Upon the filing of an application for a certificate of public convenience and necessity to operate as a common motor carrier, other than an operator of a tow car, or an application for modification of such a certificate, the Authority shall fix a time and place for a hearing on the application.
2. [The] Except as otherwise provided in subsection 6, the Authority shall grant the certificate or modification if it finds that:
κ2009 Statutes of Nevada, Page 631 (CHAPTER 172, SB 27)κ
(a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;
(b) The proposed operation or the proposed modification will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate or modification will not unreasonably and adversely affect other carriers operating in the territory for which the certificate or modification is sought;
(d) The proposed operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this State;
(e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;
(f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and
(g) The applicant has paid all fees and costs related to the application.
3. The Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of the certificate or modification, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of this chapter or any regulations adopted pursuant thereto.
5. The applicant for the certificate or modification:
(a) Has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 2; and
(b) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.
6. The provisions of subsections 2 to 5, inclusive, do not apply to an owner or operator of a charter bus. The Authority shall grant the certificate or modification to an owner or operator of a charter bus that is not a fully regulated carrier if the Authority finds that the owner or operator of the charter bus has complied with the provisions of subsection 1 of NRS 706.463 and any applicable regulations of the Authority.
7. The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:
(a) The exercise of the privilege sought.
(b) The partial exercise of the privilege sought.
[7.] 8. The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.
[8.] 9. The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate or modification.
κ2009 Statutes of Nevada, Page 632 (CHAPTER 172, SB 27)κ
Sec. 3. NRS 706.431 is hereby amended to read as follows:
706.431 1. A permit may be issued to any applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:
(a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted thereunder; and
(b) The proposed operation will be consistent with the public interest and will not operate to defeat the legislative policy set forth in NRS 706.151.
2. If the Authority proceeds with a hearing on an application for a permit, the Authority shall fix a time and place for the hearing.
3. The Authority may dispense with the hearing, if any, on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the permit.
4. An application must be denied if the provisions of subsection 1 are not met.
[3.] 5. The Authority shall revoke or suspend pursuant to the provisions of this chapter the permit of a contract motor carrier who has failed to file the annual report required in NRS 706.167 within 60 days after the report is due.
[4.] 6. The Authority shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after he has been issued a permit pursuant to this section may be approved by the Authority without giving notice required by statute or by a regulation of the Authority.
Sec. 4. NRS 706.476 is hereby amended to read as follows:
706.476 Except as otherwise provided in NRS 706.478:
1. A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service must be impounded by the Authority if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the Authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the Authority shall notify the registered owner of the vehicle:
(a) That the registered owner of the vehicle [must] may post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of his right to be represented by counsel during all phases of the proceedings.
2. The Authority shall hold the vehicle until the registered owner of the vehicle appears and:
(a) Posts a bond in the amount of $20,000 with the Authority; or
(b) Proves that [he] :
(1) He is the registered owner of the vehicle;
[(b) Proves that he]
(2) He holds a valid certificate of public convenience and necessity;
[(c) Proves that the] and
(3) The vehicle meets all required standards of the Authority . [; and
(d) Posts a bond in the amount of $20,000 with the Authority.]
κ2009 Statutes of Nevada, Page 633 (CHAPTER 172, SB 27)κ
Κ The Authority shall return the vehicle to its registered owner when the owner meets the requirements of [this subsection] paragraph (a) or (b) and pays all costs of impoundment.
3. If the registered owner is unable to meet the requirements of subparagraph (2) or (3) of paragraph (b) [or (c)] of subsection 2, the Authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The Authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 34Committee on Judiciary
CHAPTER 173
AN ACT relating to courts; authorizing a magistrate to appoint a person to use sound recording equipment instead of employing a certified court reporter in certain proceedings in a justice court; providing for the use of transcripts produced from such recordings made by sound recording equipment; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
This bill authorizes a magistrate, when presiding over a preliminary hearing in justice court in a case where the death penalty is not sought, to choose whether to employ a certified court reporter or appoint a person to use sound recording equipment to record certain testimony and proceedings of the court. This bill also provides that if a magistrate presiding over such a proceeding appoints a person to use sound recording equipment: (1) the testimony and proceedings of the court must be recorded in accordance with certain existing laws; and (2) any transcripts produced from such recordings must be treated in the same manner as a transcript produced by a court reporter. (NRS 171.198)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.198 is hereby amended to read as follows:
171.198 1. [The] Except as otherwise provided in subsection 2, a magistrate shall employ a certified court reporter to take down all the testimony and the proceedings on the hearing or examination [,] and , within such time as the court may designate , have such testimony and proceedings transcribed into typewritten transcript.
2. A magistrate who presides over a preliminary hearing in a justice court, in any case other than in a case in which the death penalty is sought, may employ a certified court reporter to take down all the testimony and the proceedings on the hearing or appoint a person to use sound recording equipment to record all the testimony and the proceedings on the hearing.
κ2009 Statutes of Nevada, Page 634 (CHAPTER 173, SB 34)κ
If the magistrate appoints a person to use sound recording equipment to record the testimony and proceedings on the hearing, the testimony and proceedings must be recorded and transcribed in the same manner as set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the testimony and proceedings produced from a recording conducted pursuant to this subsection is subject to the provisions of this section in the same manner as a transcript produced by a certified court reporter.
3. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this title.
[3.] 4. Before the date set for trial, either party may move the court before which the case is pending to add to, delete from [,] or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
[4.] 5. The compensation for the services of a reporter employed as provided in this section are the same as provided in NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
[5.] 6. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and if the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished to the defendant and to the district attorney.
[6.] 7. The testimony so taken may be used:
(a) By the defendant; or
(b) By the State if the defendant was represented by counsel or affirmatively waived his right to counsel,
Κ upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the State, dead, or persistent in refusing to testify despite an order of the judge to do so, or when his personal attendance cannot be had in court.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 635κ
Senate Bill No. 37Committee on Natural Resources
CHAPTER 174
AN ACT relating to water pollution; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to award subgrants for set-aside programs authorized by the federal Safe Drinking Water Act; authorizing the Director of the Department to award subgrants for certain purposes relating to the control of water pollution; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law creates the Account to Finance the Construction of Projects in the Fund for Water Projects Loans. This account is commonly referred to as the Account for the Revolving Fund. (NRS 445A.255) Existing law also creates an account to fund activities, other than projects, that are authorized by the federal Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq. This account is created in the Fund for the Municipal Bond Bank and is commonly referred to as the Account for Set-Aside Programs. (NRS 445A.255) The Division of Environmental Protection of the State Department of Conservation and Natural Resources administers the accounts, is authorized to accept grants from the Federal Government and any other public or private source for the accounts and is authorized to use the money in the accounts only for the purposes set forth in the Safe Drinking Water Act. (NRS 445A.255, 445A.265) The purposes for which the Division may use the money in the Account for Set-Aside Programs include causing the performance of set-aside programs authorized by the Safe Drinking Water Act through an interagency agreement, contract or memorandum of understanding. (NRS 445A.265) Section 1 of this bill authorizes the Division to award subgrants for such purposes.
Existing law authorizes the Director of the Department to take certain actions relating to the control of water pollution in Nevada, including taking all steps necessary to qualify for, accept and administer loans and grants from the Federal Government and any other public and private source relating to the control of water pollution and the assurance of water quality. (NRS 445A.450) Section 2 of this bill authorizes the Director to award subgrants for such purposes.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445A.265 is hereby amended to read as follows:
445A.265 1. The Division shall:
(a) Use the money in the Account for the Revolving Fund and the Account for Set-Aside Programs for the purposes set forth in the Safe Drinking Water Act.
(b) Determine whether public water systems which receive money or other assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
2. The Division may:
(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for the Revolving Fund and the Account for Set-Aside Programs.
κ2009 Statutes of Nevada, Page 636 (CHAPTER 174, SB 37)κ
(b) Bind itself to terms of the required agreements.
(c) Accept grants made pursuant to the Safe Drinking Water Act.
(d) Manage the Account for the Revolving Fund and the Account for Set-Aside Programs in accordance with the requirements and objectives of the Safe Drinking Water Act.
(e) Provide services relating to management and administration of the Account for the Revolving Fund and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by the Nevada Rural Water Association or other persons, agencies or organizations through interagency agreement, subgrant, contract or memorandum of understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
3. The Division shall not:
(a) Commit any money in the Account for the Revolving Fund for expenditure for the purposes set forth in NRS 445A.275; or
(b) Establish the priorities for determining which public water systems will receive money or other assistance from the Account for the Revolving Fund,
Κ without obtaining the prior approval of the Board for Financing Water Projects.
Sec. 2. NRS 445A.450 is hereby amended to read as follows:
445A.450 The Director may:
1. Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this State of the National Pollutant Discharge Elimination System;
2. Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445A.300 to 445A.730, inclusive;
3. Take the steps necessary to qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445A.300 to 445A.730, inclusive;
4. Award subgrants to eligible persons to assist the Director in carrying out any functions under NRS 445A.300 to 445A.730, inclusive;
5. Encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
[5.] 6. Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors and operators to establish procedures for making inspections and obtaining samples necessary to prepare reports;
[6.] 7. Collect and disseminate information to the public as he considers advisable and necessary for the discharge of his duties under NRS 445A.300 to 445A.730, inclusive;
[7.] 8. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence as he finds necessary to carry out the provisions of NRS 445A.300 to 445A.730, inclusive;
[8.] 9. Exercise all incidental powers necessary to carry out the purposes of NRS 445A.300 to 445A.730, inclusive; and
κ2009 Statutes of Nevada, Page 637 (CHAPTER 174, SB 37)κ
[9.] 10. Delegate to the Division any function or authority granted to him under NRS 445A.300 to 445A.730, inclusive.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 44Committee on Judiciary
CHAPTER 175
AN ACT relating to peace officers; designating certain employees of the Department of Corrections as category II peace officers; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law authorizes the Director of the Department of Corrections to designate employees of the Department as peace officers. (NRS 289.220) Existing law also classifies peace officers as being within category I, category II or category III; peace officers in each category are designated as having certain powers and must meet certain training and educational requirements. (NRS 289.460, 289.470, 289.480) Under existing law, a category III peace officer is a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department. (NRS 289.480) This bill provides that the Inspector General of the Department and criminal investigators of the Department are category II peace officers.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.220 is hereby amended to read as follows:
289.220 1. The Director of the Department of Corrections, the Inspector General of the Department, a person employed by the Department as a criminal investigator and any officer or employee of the Department so designated by the Director [,] have the powers of a peace officer when performing duties prescribed by the Director. For the purposes of this subsection, the duties which may be prescribed by the Director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the institutions and facilities of the Department.
2. A person appointed pursuant to NRS 211.115 to administer detention facilities or a jail, and his subordinate jailers, corrections officers and other employees whose duties involve law enforcement have the powers of a peace officer.
Sec. 2. NRS 289.470 is hereby amended to read as follows:
289.470 Category II peace officer means:
1. The Bailiff of the Supreme Court;
2. The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Constables and their deputies whose official duties require them to carry weapons and make arrests;
κ2009 Statutes of Nevada, Page 638 (CHAPTER 175, SB 44)κ
4. Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;
5. Parole and probation officers;
6. Special investigators who are employed full-time by the office of any district attorney or the Attorney General;
7. Investigators of arson for fire departments who are specially designated by the appointing authority;
8. The assistant and deputies of the State Fire Marshal;
9. The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;
10. The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;
11. Investigators for the State Forester Firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;
12. School police officers employed by the board of trustees of any county school district;
13. Agents of the State Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
14. Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;
15. Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;
16. Legislative police officers of the State of Nevada;
17. The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140;
18. Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;
19. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
20. Field investigators of the Taxicab Authority;
21. Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;
22. The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; [and]
23. Criminal investigators who are employed by the Secretary of State [.] ; and
24. The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.
κ2009 Statutes of Nevada, Page 639 (CHAPTER 175, SB 44)κ
Sec. 3. NRS 289.480 is hereby amended to read as follows:
289.480 Category III peace officer means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection 24 of NRS 289.470.
Sec. 4. This act becomes effective on July 1, 2009.
________
Senate Bill No. 59Committee on Government Affairs
CHAPTER 176
AN ACT relating to counties; revising provisions governing telephone systems used for reporting emergencies in certain counties; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Under existing law, a board of county commissioners in a county whose population is less than 400,000 (currently counties other than Clark County) is authorized to impose a surcharge to enhance or, in smaller counties, to enhance and improve the telephone system for reporting an emergency in the county. A board of county commissioners in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) is not authorized to impose the surcharge unless the board has first adopted a 5-year master plan for the emergency telephone system, which is required to address estimates of costs and proposed sources of funding. (NRS 244A.7643) Section 1 of this bill defines telephone system for the purposes of this authority. (NRS 244A.7641) Section 2 of this bill makes the requirement to adopt a 5-year master plan applicable on or after July 1, 2010, to a county whose population is 100,000 or more but less than 400,000 (currently Washoe County). Section 2 also requires, for the duration of the imposition of a surcharge, an annual review and, if necessary, an update of the master plan in all counties in which such a plan was adopted.
Under existing law, the proceeds of such a surcharge are placed in a special revenue fund of the county. If the unencumbered balance of the proceeds of the surcharge in the fund at the end of any fiscal year exceeds $500,000, the board of county commissioners is required to decrease the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000. (NRS 244A.7645) Section 3 of this bill increases the threshold amount that triggers a decrease in the surcharge in the fund of a county whose population is 40,000 or more but less than 400,000 (currently Carson City and Elko, Douglas and Washoe Counties) to $1,000,000. Section 3 also expands the purposes for which a county whose population is 40,000 or more but less than 400,000 (currently Carson City and Elko, Douglas and Washoe Counties) may use the proceeds of the surcharge to enhance the emergency telephone system.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.7641 is hereby amended to read as follows:
244A.7641 As used in NRS 244A.7641 to 244A.7647, inclusive, unless the context otherwise requires:
κ2009 Statutes of Nevada, Page 640 (CHAPTER 176, SB 59)κ
1. Mobile telephone service means cellular or other service to a telephone installed in a vehicle or which is otherwise portable.
2. Place of primary use has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.
3. Supplier means a person authorized by the Federal Communications Commission to provide mobile telephone service.
4. Telephone system means a system for transmitting information between or among points specified by the user that does not change the form or content of the information regardless of the technology, facilities or equipment used. A telephone system may include, without limitation:
(a) Wireless or Internet technology, facilities or equipment; and
(b) Technology, facilities or equipment used for transmitting information from an emergency responder to the user or from the user to an emergency responder.
Sec. 2. NRS 244A.7643 is hereby amended to read as follows:
244A.7643 1. Except as otherwise provided in this section, the board of county commissioners in a county whose population is 100,000 or more but less than 400,000 may by ordinance, for the enhancement of the telephone system for reporting an emergency in the county, impose a surcharge on:
(a) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in the county; and
(b) The mobile telephone service provided to each customer of that service whose place of primary use is in the county.
2. Except as otherwise provided in this section, the board of county commissioners in a county whose population is less than 100,000 may by ordinance, for the enhancement or improvement of the telephone system for reporting an emergency in the county, impose a surcharge on:
(a) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in the county; and
(b) The mobile telephone service provided to each customer of that service whose place of primary use is in the county.
3. [The] A board of county commissioners [of a county whose population is less than 100,000] may not impose a surcharge pursuant to this section unless the board first adopts a 5-year master plan for the enhancement or improvement , as applicable, of the telephone system for reporting emergencies in the county. The master plan must include an estimate of the cost of the enhancement or improvement , as applicable, of the telephone system and all proposed sources of money for funding [the enhancement or improvement.] those costs. For the duration of the imposition of the surcharge, the board shall, at least annually, review and, if necessary, update the master plan.
4. The surcharge imposed by a board of county commissioners pursuant to this section:
(a) For each access line to the local exchange of a telecommunications provider, must not exceed 25 cents each month;
(b) For each trunk line to the local exchange of a telecommunications provider, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telecommunications provider pursuant to paragraph (a); and
κ2009 Statutes of Nevada, Page 641 (CHAPTER 176, SB 59)κ
(c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telecommunications provider pursuant to paragraph (a).
5. A telecommunications provider which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county shall collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, the telecommunications provider or supplier shall remit the surcharge it collects to the treasurer of the county in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.
6. An ordinance adopted pursuant to subsection 1 or 2 may include a schedule of penalties for the delinquent payment of amounts due from telecommunications providers or suppliers pursuant to this section. Such a schedule:
(a) Must provide for a grace period of not less than 90 days after the date on which the telecommunications provider or supplier must otherwise remit the surcharge to the county treasurer; and
(b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telecommunications provider or a supplier.
7. As used in this section, trunk line means a line which provides a channel between a switchboard owned by a customer of a telecommunications provider and the local exchange of the telecommunications provider.
Sec. 3. NRS 244A.7645 is hereby amended to read as follows:
244A.7645 1. If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more but less than 400,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must consist of not less than five members who:
(a) Are residents of the county;
(b) Possess knowledge concerning telephone systems for reporting emergencies; and
(c) Are not elected public officers.
2. If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for reporting emergencies; and
(3) Are not elected public officers; and
(b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, incumbent local exchange carrier has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.
κ2009 Statutes of Nevada, Page 642 (CHAPTER 176, SB 59)κ
47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.
3. If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:
(a) In a county whose population is 40,000 or more but less than 400,000, to enhance the telephone system for reporting an emergency , [so that the number and address from which a call received by the system is made may be determined,] including only:
(1) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;
(2) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;
(3) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system [;] , including, without limitation, equipment and software that identify the number or location from which a call is made; and
(4) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.
(b) In a county whose population is less than [100,000, to] 40,000, to improve the telephone system for reporting an emergency in the county.
4. If the balance in the fund created in a county whose population is 40,000 or more but less than 400,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.
5. If the balance in the fund created in a county whose population is less than 40,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 643κ
Senate Bill No. 66Committee on Natural Resources
CHAPTER 177
AN ACT relating to water; providing that certain uses of water from the Muddy River and the Virgin River are beneficial uses of that water; authorizing the State Engineer to grant extensions of time for not more than a certain period for the completion of work or the application of water to a beneficial use; revising the circumstances under which the fee for filing an application for an extension of time must be paid; setting forth the circumstances under which an order or decision of the State Engineer may be stayed; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law provides that, subject to existing rights, all water in this State may be appropriated for beneficial use in accordance with the provisions of chapter 533 of NRS. (NRS 533.030) Section 1 of this bill provides that the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, as defined in certain guidelines established by the United States Department of the Interior, is a beneficial use of that water for purposes of that chapter.
Existing law requires an applicant for water rights to complete construction of work and put water to beneficial use within specified periods, with extensions of time allowed under certain circumstances. (NRS 533.380) Section 2 of this bill authorizes the State Engineer to grant any number of extensions of time to complete the work or to make beneficial use of the water, but limits any single extension of time for a municipal or quasi-municipal use for a public water system to not more than 5 years and any other single extension of time to not more than 1 year.
Existing law sets forth the fee for filing an application for an extension of time to file a proof of completion of work or proof of beneficial use. (NRS 533.435) Section 3 of this bill specifies that the fee must be paid for each year for which an extension of time is sought.
Existing law sets forth the manner in which a person who is aggrieved by an order or decision of the State Engineer may appeal that order or decision to the appropriate court. (NRS 533.450) Section 4 of this bill sets forth the manner in which the order or decision of the State Engineer may be stayed during the appeal of the order or decision.
Existing law specifies the jurisdiction of the Colorado River Commission of Nevada concerning water and water rights in this State and the extent to which the appropriation and use of that water is not subject to regulation by the State Engineer. (NRS 538.171) Section 5 of this bill specifies that any use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus does not require the submission of an application to the State Engineer to change the place of diversion, manner of use or place of use.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, and except as otherwise provided in this section, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.
κ2009 Statutes of Nevada, Page 644 (CHAPTER 177, SB 66)κ
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use. As used in this subsection:
(a) Developed shortage supply has the meaning ascribed to it in Volume 73 of the Federal Register at page 19,884, April 11, 2008, and any subsequent amendment thereto.
(b) Intentionally created surplus has the meaning ascribed to it in Volume 73 of the Federal Register at page 19,884, April 11, 2008, and any subsequent amendment thereto.
3. Except as otherwise provided in subsection 4, in any county whose population is 400,000 or more:
(a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the unincorporated areas of the county.
(b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the boundaries of the city.
4. In any county whose population is 400,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 2. NRS 533.380 is hereby amended to read as follows:
533.380 1. Except as otherwise provided in subsection 5, in his endorsement of approval upon any application, the State Engineer shall:
(a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.
(b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:
(1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;
(2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or
(3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,
Κ must not be less than 5 years.
2. The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.
κ2009 Statutes of Nevada, Page 645 (CHAPTER 177, SB 66)κ
3. Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause shown, [extend the] grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by him, but [an] a single extension of time for a municipal or quasi-municipal use for a public water system, as defined in NRS 445A.235, must not exceed 5 years, and any other single extension of time must not exceed 1 year. An application for the extension must in all cases be:
(a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410; and
(b) Accompanied by proof and evidence of the reasonable diligence with which the applicant is pursuing the perfection of the application.
Κ The State Engineer shall not grant an extension of time unless he determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.
4. Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:
(a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;
(b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;
(c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;
(d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and
(e) The period contemplated in the:
(1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or
(2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,
Κ if any, for completing the development of the land.
5. The provisions of subsections 1 and 4 do not apply to an environmental permit.
6. For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is [comprised] composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
κ2009 Statutes of Nevada, Page 646 (CHAPTER 177, SB 66)κ
Sec. 3. NRS 533.435 is hereby amended to read as follows:
533.435 1. The State Engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water $250.00
This fee includes the cost of publication, which is $50.
For examining and acting upon plans and specifications for construction of a dam 500.00
For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right.................................................................... 150.00
This fee includes the cost of the publication of the application, which is $50.
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock or wildlife purposes 150.00
plus $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only, or for irrigational purposes which change the point of diversion or place of use only........................... 100.00
plus $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes............. 200.00
For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock or wildlife purposes for each second-foot of water approved or fraction thereof.................................................... 50.00
For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water approved or fraction thereof....................................... 100.00
This fee must not exceed $1,000.
For filing a secondary application under a reservoir permit.... 200.00
For approving and recording a secondary permit under a reservoir permit 200.00
For reviewing each tentative subdivision map........................... 150.00
plus $1 per lot.
κ2009 Statutes of Nevada, Page 647 (CHAPTER 177, SB 66)κ
For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet $100.00
plus $1 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For filing proof of completion of work.......................................... 10.00
For filing proof of beneficial use..................................................... 50.00
For filing any protest......................................................................... 25.00
For filing any application for extension of time within which to file proofs , for each year for which the extension of time is sought..................................................................................... 100.00
For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384 25.00
plus $10 per conveyance document
For filing any other instrument.......................................................... 1.00
For making a copy of any document recorded or filed in his office, for the first page 1.00
For each additional page...................................................................... .20
For certifying to copies of documents, records or maps, for each certificate 1.00
For each blueprint copy of any drawing or map, per square foot. .50
The minimum charge for a blueprint copy, per print.................... 3.00
2. When fees are not specified in subsection 1 for work required of his office, the State Engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, he shall deposit the fees in the State Treasury for credit to the State General Fund. The State Engineer may maintain, with the approval of the State Board of Examiners, a checking account in any bank or credit union qualified to handle state money to carry out the provisions of this subsection. The account must be secured by a depository bond satisfactory to the State Board of Examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
Sec. 4. NRS 533.450 is hereby amended to read as follows:
533.450 1. Any person feeling himself aggrieved by any order or decision of the State Engineer, acting in person or through his assistants or the water commissioner, affecting his interests, when the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, or NRS 533.481, 534.193, 535.200 or 536.200, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree.
κ2009 Statutes of Nevada, Page 648 (CHAPTER 177, SB 66)κ
proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree. The order or decision of the State Engineer remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.
2. The proceedings in every case must be heard by the court, and must be informal and summary, but full opportunity to be heard must be had before judgment is pronounced.
3. No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, has been served upon the State Engineer, personally or by registered or certified mail, at his office at the State Capital within 30 days following the rendition of the order or decision in question. A similar notice must also be served personally or by registered or certified mail upon the person who may have been affected by the order or decision.
4. Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript must be furnished on demand, at actual cost, to any person affected by the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.
5. An order or decision of the State Engineer must not be stayed unless the petitioner files a written motion for a stay with the court and serves the motion personally or by registered or certified mail upon the State Engineer, the applicant or other real party in interest and each party of record within 10 days after the petitioner files the petition for judicial review. Any party may oppose the motion and the petitioner may reply to any such opposition. In determining whether to grant or deny the motion for a stay, the court shall consider:
(a) Whether any nonmoving party to the proceeding may incur any harm or hardship if the stay is granted;
(b) Whether the petitioner may incur any irreparable harm if the stay is denied;
(c) The likelihood of success of the petitioner on the merits; and
(d) Any potential harm to the members of the public if the stay is granted.
6. Except as otherwise provided in this subsection, the petitioner must file a bond in an amount determined by the court, with sureties satisfactory to the court and conditioned in the manner specified by the court. The bond must be filed within 5 days after the court determines the amount of the bond pursuant to this subsection. If the petitioner fails to file the bond within that period, the stay is automatically denied. A bond must not be required [except when a stay is desired, and the proceedings provided for in this section are not a stay unless, within 5 days after the service of notice thereof, a bond is filed in an amount to be fixed by the court, with sureties satisfactory to the court, conditioned to perform the judgment rendered in the proceedings.
κ2009 Statutes of Nevada, Page 649 (CHAPTER 177, SB 66)κ
6.] for a public agency of this State or a political subdivision of this State.
7. Costs must be paid as in civil cases brought in the district court, except by the State Engineer or the State.
[7.] 8. The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.
[8.] 9. Appeals may be taken to the Supreme Court from the judgment of the district court in the same manner as in other civil cases.
[9.] 10. The decision of the State Engineer is prima facie correct, and the burden of proof is upon the party attacking the same.
[10.] 11. Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, he shall request the Attorney General to appear and protect the interests of the State.
Sec. 5. NRS 538.171 is hereby amended to read as follows:
538.171 1. The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.
2. Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission. In considering such an application, the Commission shall use the criteria set forth in subsection 6 of NRS 533.370. The Commissions action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law. The provisions of this subsection do not apply to supplemental water.
3. The Commission shall furnish to the State Engineer a copy of all agreements entered into by the Commission concerning the original appropriation and use of such waters. It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow him to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineers jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.
5. Any use of water from the Muddy River or the Virgin River for the creation of any developed shortage supply or intentionally created surplus does not require the submission of an application to the State Engineer to change the place of diversion, manner of use or place of use. As used in this subsection:
κ2009 Statutes of Nevada, Page 650 (CHAPTER 177, SB 66)κ
(a) Developed shortage supply has the meaning ascribed to it in NRS 533.030.
(b) Intentionally created surplus has the meaning ascribed to it in NRS 533.030.
Sec. 6. This act becomes effective on July 1, 2009.
________
Senate Bill No. 74Committee on Government Affairs
CHAPTER 178
AN ACT relating to assistance to finance housing; removing the prospective expiration of certain provisions relating to the use of various financial techniques by the Housing Division of the Department of Business and Industry; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
In 2001 and 2003, the Legislature temporarily authorized the Housing Division of the Department of Business and Industry to utilize various techniques, including, without limitation, entering into certain agreements to hedge its interest rate risk, issuing certain letters of credit, acquiring real estate and making both insured and uninsured loans, in carrying out its mission of encouraging and providing for the development of affordable housing in this State. (NRS 319.140, 319.167, 319.190, 319.200, 319.210) This bill repeals the prospective expiration of those provisions, which are currently set to expire by limitation on July 1, 2009.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of chapter 418, Statutes of Nevada 2001, as amended by chapter 383, Statutes of Nevada 2003, at page 2194, is hereby amended to read as follows:
Sec. 8. This act becomes effective on July 1, 2001 . [, and expires by limitation on July 1, 2009.]
Sec. 2. Section 8 of chapter 383, Statutes of Nevada 2003, at page 2194, is hereby amended to read as follows:
Sec. 8. [1.] This section and sections 1, 3, 5, 6 and 7 of this act become effective on July 1, 2003.
[2. Sections 1 and 3 of this act expire by limitation on June 30, 2009.
3. Sections 2 and 4 of this act become effective on July 1, 2009.]
Sec. 2.5. Sections 2 and 4 of chapter 383, Statutes of Nevada 2003, at page 2192, are hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 651κ
Senate Bill No. 76Committee on Government Affairs
CHAPTER 179
AN ACT relating to administrative procedure; revising provisions governing the summary suspension of a license by certain agencies of the Executive Department of State Government; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law governs the administrative procedures of certain agencies of the Executive Department of State Government. (NRS Ch. 233B) An agency is authorized to summarily suspend a license issued by that agency if the agency finds that the public health, safety or welfare imperatively require such emergency action. (NRS 233B.127) This bill provides that an agencys order for the summary suspension of a license may be issued by the agency or by the Chairman of the governing body of the agency. This bill further provides that the Chairman of a governing body of an agency who issues an order of summary suspension must not participate in any further proceedings relating to that order. Finally, this bill requires the agency to complete its proceedings against the licensee within 45 days after the date of the order of summary suspension unless the licensee and the agency agree to a longer period.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.127 is hereby amended to read as follows:
233B.127 1. When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.
2. When a licensee has made timely and sufficient application for the renewal of a license or for a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
3. No revocation, suspension, annulment or withdrawal of any license is lawful unless, before the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. [Such proceedings] An agencys order of summary suspension may be issued by the agency or by the Chairman of the governing body of the agency. If the order of summary suspension is issued by the Chairman of the governing body of the agency, the Chairman shall not participate in any further proceedings of the agency relating to that order. Proceedings relating to the order of summary suspension must be [promptly] instituted and determined [.]
κ2009 Statutes of Nevada, Page 652 (CHAPTER 179, SB 76)κ
be [promptly] instituted and determined [.] within 45 days after the date of the order unless the agency and the licensee mutually agree in writing to a longer period.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 77Committee on Health and Education
CHAPTER 180
AN ACT relating to education; authorizing the board of trustees of each school district to adopt a policy for a program of teen mentoring for public high schools within the school district; authorizing the principal of each public high school to establish a program of teen mentoring in accordance with the policy or a plan approved by the board of trustees of the school district; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
This bill provides for the establishment of programs for teen mentoring in public high schools in this State. Specifically, this bill: (1) authorizes the board of trustees of each school district to establish a policy for a program of teen mentoring in the public high schools within the school district; (2) sets forth certain provisions that the policy for teen mentoring must include; (3) authorizes the principal of each public high school to establish such a program of teen mentoring in accordance with the policy or a plan approved by the board of trustees; (4) authorizes each board of trustees and public high school to accept gifts, grants and donations to carry out a program of teen mentoring; and (5) specifies that the provisions of this bill do not prevent a public high school from continuing to provide any similar program of teen mentoring that exists on the effective date of this bill.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district may adopt a policy for the public high schools in the district to provide a program of teen mentoring, which may include a component of adult mentoring, designed to:
(a) Increase pupil participation in school activities, community activities and all levels of government; or
(b) Increase the ability of ninth grade pupils enrolled in high school to successfully make the transition from middle school or junior high school to high school,
Κ or both.
2. Any such policy must include, without limitation:
(a) Guidelines for establishing:
(1) Eligibility requirements for pupils who participate in the program as mentors or mentees, including, without limitation, any minimum grade level for pupils who serve as mentors and any minimum grade point average that must be maintained by pupils who serve as mentors.
κ2009 Statutes of Nevada, Page 653 (CHAPTER 180, SB 77)κ
minimum grade level for pupils who serve as mentors and any minimum grade point average that must be maintained by pupils who serve as mentors. The guidelines may not require a pupil who participates in the program to maintain a grade point average that is higher than the grade point average required for a pupil to participate in sports at the high school the pupil attends.
(2) Training requirements for pupils who serve as mentors.
(3) Incentives for pupils who serve as mentors.
(b) A requirement that each public high school which establishes a program for teen mentoring must also establish a committee to select each pupil mentor who participates in the program. The policy must provide that the committee may select a pupil who does not meet the general eligibility requirements for mentors if the members of the committee determine that the pupil is otherwise qualified to serve as a mentor.
(c) Any other provisions that the board of trustees deems appropriate.
3. If the board of trustees of a school district has adopted a policy pursuant to subsection 1, the principal of each public high school in the district may:
(a) Carry out a program of teen mentoring in accordance with the policy prescribed by the board of trustees pursuant to subsection 1;
(b) Adopt other policies for the program of teen mentoring that are consistent with this section and the policy prescribed by the board of trustees pursuant to subsection 1; and
(c) On a date prescribed by the board of trustees, submit an annual report to the board of trustees and the Legislature that sets forth a summary of:
(1) The specific activities of the program of teen mentoring; and
(2) The effectiveness of the program in increasing pupil participation in school activities, community activities and all levels of government or in increasing the ability of ninth grade pupils to successfully make the transition from middle school or junior high school to high school, as applicable to the type of program in effect at the school.
4. If the board of trustees of a school district has not adopted a policy pursuant to subsection 1, the principal of a public high school in the district may carry out a program of teen mentoring and take any action described in paragraph (b) or (c) of subsection 3 if:
(a) The principal submits to the board of trustees for its approval a plan for such a program of teen mentoring that is consistent with the provisions of this section; and
(b) The board of trustees approves the plan.
5. A plan submitted to a board of trustees of a school district pursuant to subsection 4 shall be deemed approved if the board of trustees does not act upon the plan within 60 days after the date on which the board of trustees receives the plan.
6. The board of trustees of each school district and each public high school may apply for and accept gifts, grants and donations from any source for the support of the board of trustees or a public high school in carrying out a program of teen mentoring pursuant to the provisions of this section. Any money received pursuant to this subsection may be used only for purposes of carrying out a program of teen mentoring pursuant to the provisions of this section.
κ2009 Statutes of Nevada, Page 654 (CHAPTER 180, SB 77)κ
7. This section does not preclude a board of trustees of a school district or a public high school from continuing any other similar program of teen mentoring that exists on the effective date of this act.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 79Committee on Health and Education
CHAPTER 181
AN ACT relating to health; creating the Nevada Commission on Services for Persons with Disabilities and prescribing its duties; restructuring certain committees into subcommittees of the Commission; revising provisions relating to the Commission on Mental Health and Developmental Services; authorizing the State Board of Health to appoint the members of the Advisory Committee in the Office of Minority Health of the Department of Health and Human Services, the Advisory Board on Maternal and Child Health and the Committee on Emergency Medical Services; repealing provisions creating and governing the Task Force on Prostate Cancer and the Task Force on Cervical Cancer; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Sections 3-7 of this bill create the Nevada Commission on Services for Persons with Disabilities within the Office of Disability Services in the Department of Health and Human Services. The duties of the Commission include determining and evaluating the needs of persons with disabilities in this State, promoting programs and services for such persons and recommending appropriate legislation concerning such persons. Section 9 of this bill restructures the Committee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities into a subcommittee of the Commission. (NRS 426.255) Similarly, section 12 of this bill restructures the Advisory Committee on Personal Assistance for Persons with Severe Functional Disabilities into a subcommittee of the Commission. (NRS 426.731)
Sections 15-21 of this bill amend provisions relating to the Commission on Mental Health and Developmental Services to include co-occurring disorders in the scope of powers and duties of the Commission and to require the Commission to create a subcommittee on the mental health of children. (NRS 433.314-433.327)
Under existing law, the members of the Advisory Committee in the Office of Minority Health of the Department of Health and Human Services, the Advisory Board on Maternal and Child Health and the Committee on Emergency Medical Services are appointed by the Governor. (NRS 232.482, 442.133, 450B.151) Sections 14, 24 and 25 of this bill require the State Board of Health to appoint those members. Section 24 also provides that the legislative members of the Advisory Board on Maternal and Child Health are nonvoting members. Section 25 further amends the membership of the Committee on Emergency Medical Services to include an ex-officio member who is a representative of a committee or group which focuses on the provision of emergency medical services to children.
κ2009 Statutes of Nevada, Page 655 (CHAPTER 181, SB 79)κ
Section 26 of this bill repeals provisions creating and governing the Task Force on Prostate Cancer and the Task Force on Cervical Cancer. (NRS 457.300-457.390)
Section 27 of this bill provides that a person who, on July 1, 2009, is a member of a committee or board that is restructured, or the appointing authority for which is revised, by the provisions of this act may continue to serve until the expiration of his term.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Nevada Commission on Services for Persons with Disabilities means the Nevada Commission on Services for Persons with Disabilities created by section 4 of this act.
Sec. 3. As used in sections 3 to 7, inclusive, of this act, unless the context otherwise requires, Commission means the Nevada Commission on Services for Persons with Disabilities created by section 4 of this act.
Sec. 4. 1. The Nevada Commission on Services for Persons with Disabilities, consisting of 11 voting members and 2 or more nonvoting members, is hereby created within the Office.
2. The Director of the Department shall appoint as voting members of the Commission 11 persons who have experience with or an interest in and knowledge of the problems of and services for persons with disabilities. The majority of the voting members of the Commission must be persons with disabilities or the parents or family members of persons with disabilities.
3. The Director of the Department and the Chief of the Office shall serve as nonvoting, ex officio members of the Commission and each may designate an alternate within his office to attend any meeting of the Commission in his place.
4. The Director of the Department may appoint as nonvoting members of the Commission such other representatives of State Government as the Director deems appropriate.
5. After the initial term of an appointed member, the term of an appointed member is 3 years. An appointed member may be reappointed for an additional term of 3 years. An appointed member may not serve more than two terms. A vacancy on the Commission must be filled in the same manner as the original appointment. An appointed member who serves for more than 1 year of a term to which another person was appointed may be appointed to serve only one additional full term as an appointed member.
6. The Director of the Department may remove an appointed member of the Commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the Commission constitutes good and sufficient cause for removal of an appointed member by the Director.
Sec. 5. 1. The Commission shall, at its first meeting and annually thereafter, elect a Chairman from among its voting members.
2. The Commission shall meet at least quarterly and at the times and places specified by a call of the Director of the Department, the Chairman or a majority of the voting members of the Commission.
3. A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.
4. The Commission shall establish rules for its own governance.
κ2009 Statutes of Nevada, Page 656 (CHAPTER 181, SB 79)κ
5. Except as otherwise provided in NRS 426.255, 426.731 and 426A.060, the Chairman may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to persons with disabilities, to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this State.
Sec. 6. 1. Each voting member of the Commission is entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission, if funding is available for this purpose.
2. While engaged in the business of the Commission, each appointed member of the Commission, each person appointed to serve on a subcommittee or advisory committee of the Commission, and each employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, if funding is available for this purpose.
3. The Commission may expend in accordance with law all money made available for its use.
Sec. 7. 1. The Commission shall:
(a) Determine and evaluate the needs of persons with disabilities in this State;
(b) Seek ways to avoid unnecessary duplication of services for persons with disabilities by public and private organizations in this State;
(c) Establish priorities for the work of the Office according to the most pressing needs of persons with disabilities as determined by the Commission; and
(d) Promote programs that provide community-based services necessary to enable a person with a disability, to the fullest extent possible, to remain in his home and be an integral part of his family and community.
2. The Commission may:
(a) Review and make recommendations regarding plans for services for persons with disabilities;
(b) Gather and disseminate information relating to persons with disabilities;
(c) Conduct hearings, conferences and special studies on the problems of persons with disabilities and on programs that serve persons with disabilities;
(d) Evaluate existing programs for persons with disabilities, recommend changes in those programs and propose new programs that would more effectively and economically serve the needs of persons with disabilities;
(e) Evaluate any proposed legislation that would affect persons with disabilities;
(f) Carry out the provisions of the Strategic Plan for Persons with Disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001;
κ2009 Statutes of Nevada, Page 657 (CHAPTER 181, SB 79)κ
(g) Recommend to the Legislature any appropriate legislation concerning persons with disabilities; and
(h) Coordinate and assist the efforts of public and private organizations that serve the needs of persons with disabilities, especially in the areas of education, employment, health, housing, welfare and recreation.
Sec. 8. NRS 426.205 is hereby amended to read as follows:
426.205 As used in NRS 426.205 to 426.345, inclusive, and sections 3 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 426.215, 426.218 and 426.225 have the meanings ascribed to them in those sections.
Sec. 9. NRS 426.255 is hereby amended to read as follows:
426.255 1. The [Committee] Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities is hereby created . [in the Office. The Committee] The Subcommittee consists of 11 [people] persons appointed by the Director of the Department. The Director shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the [Committee:] Subcommittee:
(a) One member who is employed by the Department and who participates in the administration of the program of this State which provides services to persons with communications disabilities which affect their ability to communicate;
(b) One person who is a member of the Nevada Association of the Deaf;
(c) One member who is professionally qualified in the field of deafness;
(d) The Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, a member who represents the telecommunications industry;
(e) One member who is a consumer of telecommunications relay services;
(f) One member who is a consumer of Communication Access Realtime Translation or realtime captioning;
(g) One member who is a consumer of services provided by a person engaged in the practice of interpreting;
(h) One nonvoting member who is registered with the Office pursuant to NRS 656A.100 to engage in the practice of interpreting in a community setting and holds a certificate issued by the Registry of Interpreters for the Deaf, Inc., or its successor organization;
(i) One nonvoting member who is registered with the Office pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting and has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization, and received a rating of his level of proficiency in providing interpreting services at level 4 or 5;
(j) One nonvoting member who is registered with the Office pursuant to NRS 656A.400 to engage in the practice of realtime captioning; and
(k) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons with communications disabilities in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.
κ2009 Statutes of Nevada, Page 658 (CHAPTER 181, SB 79)κ
2. After the initial term, the term of each member is 3 years. A member may be reappointed.
3. If a vacancy occurs during the term of a member, the Director of the Department shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
4. The [Committee] Subcommittee shall:
(a) At its first meeting and annually thereafter, elect a Chairman from among its voting members; and
(b) Meet at the call of the Director of the Department, the Chairman of the Nevada Commission on Services for Persons with Disabilities, the Chairman of the Subcommittee or a majority of its members as is necessary to carry out its responsibilities.
5. A majority of the voting members of the [Committee] Subcommittee constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the [Committee.] Subcommittee.
6. Members of the [Committee] Subcommittee serve without compensation, except that each member is entitled, while engaged in the business of the [Committee,] Subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally [.] if funding is available for this purpose.
7. A member of the [Committee] Subcommittee who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the [Committee] Subcommittee and perform any work necessary to carry out the duties of the [Committee] Subcommittee 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 [Committee] Subcommittee to make up the time he is absent from work to carry out his duties as a member of the [Committee] Subcommittee or use annual vacation or compensatory time for the absence.
8. The [Committee] Subcommittee may:
(a) Make recommendations to the [Director of the Department and the Office] Nevada Commission on Services for Persons with Disabilities concerning the establishment and operation of programs for persons with communications disabilities which affect their ability to communicate;
(b) Recommend to the [Director of the Department and the Office] Nevada Commission on Services for Persons with Disabilities any proposed legislation concerning persons with communications disabilities which affect their ability to communicate; and
(c) Collect information concerning persons with communications disabilities which affect their ability to communicate.
9. The [Committee] Subcommittee shall make recommendations to the [Office] Nevada Commission on Services for Persons with Disabilities concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.
10. As used in this section:
(a) Nevada Commission on Services for Persons with Disabilities means the Nevada Commission on Services for Persons with Disabilities created by section 4 of this act.
(b) Practice of interpreting has the meaning ascribed to it in NRS 656A.060.
κ2009 Statutes of Nevada, Page 659 (CHAPTER 181, SB 79)κ
[(b)] (c) Practice of realtime captioning has the meaning ascribed to it in NRS 656A.062.
[(c)] (d) Telecommunications relay services has the meaning ascribed to it in 47 C.F.R. § 64.601.
Sec. 10. NRS 426.721 is hereby amended to read as follows:
426.721 As used in NRS 426.721 to 426.731, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS [426.722] 426.723 to 426.727, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 11. NRS 426.729 is hereby amended to read as follows:
426.729 The Director of the Department of Health and Human Services, in consultation with the [Advisory Committee,] Nevada Commission on Services for Persons with Disabilities shall:
1. Determine the amount of state funding necessary each biennium to carry out NRS 426.728.
2. Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.
3. Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:
(a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;
(b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;
(c) Standards for the financial operation of providers of minimum essential personal assistance;
(d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;
(e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;
(f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;
(g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;
(h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and
(i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.
4. Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.
5. Submit to each regular session of the Legislature and make available to members of the public any recommendations for legislation to carry out NRS 426.728 and to carry out or improve the program established pursuant to subsection 3.
κ2009 Statutes of Nevada, Page 660 (CHAPTER 181, SB 79)κ
Sec. 12. NRS 426.731 is hereby amended to read as follows:
426.731 1. The [Advisory Committee] Subcommittee on Personal Assistance for Persons with Severe Functional Disabilities of the Nevada Commission on Services for Persons with Disabilities is hereby created . [in the Department of Health and Human Services.]
2. The [Governor] Nevada Commission on Services for Persons with Disabilities shall:
(a) Solicit recommendations for the appointment of members to the [Advisory Committee] Subcommittee from organizations that are representative of a broad range of persons with disabilities and organizations interested in the provision of personal services to persons with functional disabilities.
(b) Appoint to the [Advisory Committee] Subcommittee such members as [he] the Nevada Commission on Services for Persons with Disabilities deems appropriate to represent a broad range of persons with disabilities from diverse backgrounds, including, without limitation, one or more persons who are representative of:
(1) [The Nevada Commission on Aging and seniors] Seniors with disabilities.
(2) The statewide independent living council established in this State pursuant to 29 U.S.C. § 796d.
(3) The state council on developmental disabilities established in this State pursuant to section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.
(4) Centers for independent living established in this State.
(5) Providers of personal services to persons with disabilities, including providers who receive state funding for that purpose.
(6) Persons with disabilities who receive personal assistance services.
3. The majority of the members of the [Advisory Committee] Subcommittee must be persons with disabilities.
4. After the initial term, the term of each member is 2 years.
5. Members of the [Advisory Committee] Subcommittee serve without compensation . [, except that each member is entitled, while engaged in the business of the Advisory Committee, to the per diem allowance and travel expenses provided for state employees generally.]
6. A majority of the members of the [Advisory Committee] Subcommittee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the [Advisory Committee.] Subcommittee.
7. The [Advisory Committee] Subcommittee shall:
(a) At its first meeting and annually thereafter, elect a Chairman from among its members.
(b) Meet at the call of the Director of the Department of Health and Human Services, the Chairman of the Nevada Commission on Services for Persons with Disabilities, the Chairman of the Subcommittee or a majority of its members quarterly or as is necessary [, within the budget of the Advisory Committee, to provide the Director of the Department of Health and Human Services with appropriate assistance] to carry out the provisions of NRS 426.728.
κ2009 Statutes of Nevada, Page 661 (CHAPTER 181, SB 79)κ
Sec. 13. NRS 426A.060 is hereby amended to read as follows:
426A.060 1. The [Advisory Committee] Subcommittee on Traumatic Brain Injuries [,] of the Nevada Commission on Services for Persons with Disabilities, consisting of 11 members, is hereby created.
2. The Nevada Commission on Services for Persons with Disabilities may make recommendations to the Director of the Department for the appointment of persons to the Subcommittee. The Director of the Department shall appoint to the [Committee:] Subcommittee:
(a) One member who is an employee of the Office.
(b) One member who is an employee of the Division of Health Care Financing and Policy of the Department and participates in the administration of the state program providing Medicaid.
(c) One member who is a licensed insurer in this State.
(d) One member who represents the interests of educators in this State.
(e) One member who is a person professionally qualified in the field of psychiatric mental health.
(f) Two members who are employees of private providers of rehabilitative health care located in this State.
(g) One member who represents persons who operate community-based programs for head injuries in this State.
(h) One member who represents hospitals in this State.
(i) Two members who represent the recipients of health care in this State.
3. After the initial appointments, each member of the [Committee] Subcommittee serves a term of 3 years.
4. The [Committee] Subcommittee shall elect one of its members to serve as Chairman.
5. Members of the [Committee:] Subcommittee:
(a) Serve without compensation; and
(b) If provided for in the budget of the Department, while engaged in the business of the [Committee,] Subcommittee, are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. The [Committee] Subcommittee may:
(a) Make recommendations to the [Director of the Department and the Office] Nevada Commission on Services for Persons with Disabilities relating to the establishment and operation of any program for persons with traumatic brain injuries.
(b) Make recommendations to the [Director of the Department and the Office] Nevada Commission on Services for Persons with Disabilities concerning proposed legislation relating to traumatic brain injuries.
(c) Collect information relating to traumatic brain injuries.
(d) Apply for grants.
(e) Accept and expend any money made available to the [Committee] Subcommittee by gift, grant, donation or bequest.
7. As used in this section:
(a) Nevada Commission on Services for Persons with Disabilities means the Nevada Commission on Services for Persons with Disabilities created by section 4 of this act.
(b) Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
[(b)] (c) Provider of health care has the meaning ascribed to it in NRS 629.031.
κ2009 Statutes of Nevada, Page 662 (CHAPTER 181, SB 79)κ
Sec. 14. NRS 232.482 is hereby amended to read as follows:
232.482 1. There is hereby created in the Office an Advisory Committee consisting of nine members appointed by the [Governor.] State Board of Health.
2. When appointing a member to the Advisory Committee, consideration must be given to whether the members appointed to the Advisory Committee reflect the ethnic and geographical diversity of this State.
3. The term of each member of the Advisory Committee is 2 years. A member may be reappointed for an additional term of 2 years in the same manner as the original appointment. A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.
4. At its first meeting and annually thereafter, the Advisory Committee shall elect a Chairman from among its members.
Sec. 15. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 and 17 of this act.
Sec. 16. 1. The Commission shall appoint a subcommittee on the mental health of children to review the findings and recommendations of each mental health consortium submitted pursuant to NRS 433B.335 and to create a statewide plan for the provision of mental health services to children.
2. The members of the subcommittee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
Sec. 17. 1. The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, mental retardation or co-occurring disorders and related conditions and who, to the extent practicable, represent the ethnic and geographic diversity of this State.
2. A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.
3. The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
Sec. 18. NRS 433.314 is hereby amended to read as follows:
433.314 The Commission shall:
1. Establish policies to ensure adequate development and administration of services for persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions, including services to prevent mental illness , [and] mental retardation and co-occurring disorders and related conditions, and services provided without admission to a facility or institution;
κ2009 Statutes of Nevada, Page 663 (CHAPTER 181, SB 79)κ
2. Set policies for the care and treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions provided by all state agencies;
3. Review the programs and finances of the Division; and
4. Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature on the quality of the care and treatment provided for persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions in this State and on any progress made toward improving the quality of that care and treatment.
Sec. 19. NRS 433.316 is hereby amended to read as follows:
433.316 The Commission may:
1. Collect and disseminate information pertaining to mental health , [and] mental retardation and co-occurring disorders and related conditions.
2. Request legislation pertaining to mental health , [and] mental retardation and co-occurring disorders and related conditions.
3. Investigate complaints about the care of any person in a public facility for the treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions.
4. Accept, as authorized by the Legislature, gifts and grants of money and property.
5. Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions provided through state agencies, hospitals and clinics.
6. Promote programs for the treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions and participate in and promote the development of facilities for training persons to provide services for persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions.
7. Create a plan to coordinate the services for the treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions provided in this State and to provide continuity in the care and treatment provided.
8. Establish and maintain an appropriate program which provides information to the general public concerning mental illness , [and] mental retardation and co-occurring disorders and related conditions and consider ways to involve the general public in the decisions concerning the policy on mental illness , [and] mental retardation and co-occurring disorders and related conditions.
9. Compile statistics on mental illness and study the cause, pathology and prevention of that illness.
10. Establish programs to prevent or postpone the commitment of residents of this State to facilities for the treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions.
11. Evaluate the future needs of this State concerning the treatment of mental illness , [and] mental retardation and co-occurring disorders and related conditions and develop ways to improve the treatment already provided.
12. Take any other action necessary to promote mental health in this State.
κ2009 Statutes of Nevada, Page 664 (CHAPTER 181, SB 79)κ
Sec. 20. NRS 433.324 is hereby amended to read as follows:
433.324 1. The Commission shall adopt regulations:
(a) For the care and treatment of persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions by all state agencies and facilities, and their referral to private facilities;
(b) To ensure continuity in the care and treatment provided to persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions in this State; and
(c) Necessary for the proper and efficient operation of the facilities of the Division.
2. The Commission may adopt regulations to promote programs relating to mental health , [and] mental retardation and co-occurring disorders and related conditions.
Sec. 21. NRS 433.325 is hereby amended to read as follows:
433.325 The Commission or its designated agent may inspect any state facility providing services for persons with mental illness , [or] mental retardation or co-occurring disorders and persons with related conditions to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant to those provisions.
Sec. 22. NRS 433B.335 is hereby amended to read as follows:
433B.335 1. On or before July 1 of each year, each mental health consortium established pursuant to NRS 433B.333 shall prepare a recommended plan for the provision of mental health services to children with emotional disturbance in the jurisdiction of the consortium.
2. In preparing the recommended plan, each mental health consortium must be guided by the following principles:
(a) The system of mental health services set forth in the plan should be centered on children with emotional disturbance and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided.
(b) The families of children with emotional disturbance, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.
(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.
(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.
(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.
(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.
(g) The family of a child with an emotional disturbance should be eligible to receive mental health services from the system.
(h) Mental health services should be provided to children with emotional disturbance in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.
3. The plan prepared pursuant to this section must include:
(a) An assessment of the need for mental health services in the jurisdiction of the consortium;
κ2009 Statutes of Nevada, Page 665 (CHAPTER 181, SB 79)κ
(b) A description of the types of services to be offered to children with emotional disturbance based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;
(c) Criteria for eligibility for those services;
(d) A description of the manner in which those services may be obtained by eligible children;
(e) The manner in which the costs for those services will be allocated;
(f) The mechanisms to manage the money provided for those services;
(g) Documentation of the number of children with emotional disturbance who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;
(h) Methods for obtaining additional money and services for children with emotional disturbance from private and public entities; and
(i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.
4. On or before July 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the [Department.] Commission. If the [Department] Commission disapproves the plan, the [Department] Commission shall submit the plan to the consortium for revision and resubmission to the [Department.] Commission.
Sec. 23. NRS 439.528 is hereby amended to read as follows:
439.528 The Committee shall:
1. Study and review issues relating to persons with co-occurring disorders.
2. Develop a policy statement confirming the commitment of this State to treatment for persons with co-occurring disorders and the expectations of this State concerning such treatment.
3. Review and recommend strategies for improving the treatment provided to persons with co-occurring disorders, including, without limitation, reducing administrative barriers to such treatment and supporting the provision of coordinated and integrated services relating to mental health, substance abuse and criminal justice to persons with co-occurring disorders.
4. Develop recommendations concerning the licensing and certification of treatment programs for persons with co-occurring disorders, including, without limitation, the standards that should be required of such programs to increase their effectiveness.
5. Develop recommendations concerning the creation of incentives for the development of treatment programs for persons with co-occurring disorders.
6. Evaluate the utilization of existing resources in this State for the treatment of persons with co-occurring disorders and develop recommendations concerning innovative funding alternatives to promote and support mental health courts, the prevention of co-occurring disorders and the coordination of integrated services in the mental health, substance abuse and criminal justice systems.
7. Identify and recommend practices and procedures to improve the effectiveness and quality of care provided in both the public and private sector to persons with co-occurring disorders.
8. Examine and develop recommendations concerning training and technical assistance that are available through the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services and other entities to support the development and implementation of a comprehensive system of care for persons with co-occurring disorders.
κ2009 Statutes of Nevada, Page 666 (CHAPTER 181, SB 79)κ
Health and Human Services and other entities to support the development and implementation of a comprehensive system of care for persons with co-occurring disorders.
9. Submit on or before January 31 of each odd-numbered year a report to the Commission on Mental Health and Developmental Services and the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation, a summary of the work of the Committee and recommendations for any necessary legislation concerning issues relating to persons with co-occurring disorders.
Sec. 24. NRS 442.133 is hereby amended to read as follows:
442.133 1. The Advisory Board on Maternal and Child Health is hereby created.
2. The Advisory Board consists of:
(a) Nine members to be appointed by the [Governor] State Board of Health from a list of persons provided by the Administrator of the Health Division;
(b) One nonvoting member who is a member of the Senate appointed by the Legislative Commission; and
(c) One nonvoting member who is a member of the Assembly appointed by the Legislative Commission.
3. The members who are:
(a) Appointed by the [Governor] State Board of Health serve terms of 2 years.
(b) Legislators serve terms that begin on the third Monday in January of odd-numbered years and end the third Monday in January of the next odd-numbered year.
Κ Any member of the Advisory Board may be reappointed.
4. Except during a regular or special session of the Legislature, each Legislator who is a member of the Advisory Board is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Advisory Board or is otherwise engaged in the work of the Advisory Board and the per diem allowance and travel expenses provided for state officers and employees generally. The salaries, per diem and travel expenses of the legislative members must be paid from the Legislative Fund. Each nonlegislative member of the Advisory Board serves without compensation but is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses must be paid from the Account for Maternal and Child Health Services.
Sec. 25. NRS 450B.151 is hereby amended to read as follows:
450B.151 1. The Committee on Emergency Medical Services, consisting of nine members appointed by the [Governor,] State Board of Health, is hereby created.
2. Upon request of the [Governor,] State Board of Health, employee associations that represent persons that provide emergency medical services, including, without limitation, physicians and nurses that provide emergency medical services, emergency medical technicians, ambulance attendants, firefighters, fire chiefs and employees of rural hospitals, shall submit to the [Governor] State Board of Health written nominations for appointments to the Committee.
κ2009 Statutes of Nevada, Page 667 (CHAPTER 181, SB 79)κ
3. After considering the nominations submitted pursuant to subsection 2, the [Governor] State Board of Health shall appoint to the Committee:
(a) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS and who has experience providing emergency medical services;
(b) One member who is a registered nurse and who has experience providing emergency medical services;
(c) One member who is a volunteer firefighter;
(d) One member who is employed by a fire-fighting agency at which some of the firefighters are employed and some serve as volunteers;
(e) One member who is employed by an urban fire-fighting agency;
(f) One member who is employed by or serves as a volunteer with a medical facility that is located in a rural area and that provides emergency medical services;
(g) One member who is employed by an organization that provides emergency medical services in an air ambulance and whose duties are closely related to such emergency medical services;
(h) One member who is employed by a privately owned entity that provides emergency medical services; and
(i) One member who is employed by an operator of a service which is:
(1) Provided for the benefit of the employees of an industry who become sick or are injured at the industrial site; and
(2) Staffed by employees who are licensed attendants and perform emergency medical services primarily for the industry.
4. In addition to the members set forth in subsection 3, the following persons are ex officio members of the Committee:
(a) An employee of the Health Division, appointed by the Administrator of the Health Division, whose duties relate to administration and enforcement of the provisions of this chapter;
(b) The county health officer appointed pursuant to NRS 439.290 in each county whose population is 100,000 or more, or his designee; [and]
(c) A physician who is a member of a committee which consists of directors of trauma centers in this State and who is nominated by that committee [.] ; and
(d) A representative of a committee or group which focuses on the provision of emergency medical services to children in this State and who is nominated by that committee or group.
5. The term of each member appointed by the [Governor] State Board of Health is 2 years . [, and such a] A member may not serve more than two consecutive terms [.] but may serve more than two terms if there is a break in service of not less than 2 years.
6. The [Governor] State Board of Health shall not appoint to the Committee two persons who are employed by or volunteer with the same organization, except the [Governor] State Board of Health may appoint a person who is employed by or volunteers with the same organization of which a member who serves ex officio is an employee.
7. Each member of the Committee shall appoint an alternate to serve in his place if he is temporarily unable to perform the duties required of him pursuant to NRS 450B.151 to 450B.154, inclusive.
8. A position on the Committee that becomes vacant before the end of the term of the member must be filled in the same manner [prescribed by this section for the remainder of the term.] as the original appointment.
κ2009 Statutes of Nevada, Page 668 (CHAPTER 181, SB 79)κ
Sec. 26. NRS 426.722, 457.300, 457.310, 457.320, 457.330, 457.340, 457.350, 457.360, 457.370, 457.380 and 457.390 are hereby repealed.
Sec. 27. 1. Notwithstanding the provisions of NRS 426.255, as amended by section 9 of this act, a member of the Committee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities who is serving on July 1, 2009, may continue to serve as a member of the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities created pursuant to that section until the expiration of his current term. If a position on the Subcommittee becomes vacant on or after July 1, 2009, the vacancy must be filled in the manner provided in NRS 426.255.
2. Notwithstanding the provisions of NRS 426.731, as amended by section 12 of this act, a member of the Advisory Committee on Personal Assistance for Persons with Severe Functional Disabilities who is serving on July 1, 2009, may continue to serve as a member of the Subcommittee on Personal Assistance for Persons with Severe Functional Disabilities created pursuant to that section until the expiration of his current term. If a position on the Subcommittee becomes vacant on or after July 1, 2009, the vacancy must be filled in the manner provided in NRS 426.731.
3. Notwithstanding the amendatory provisions of this act, a member of the:
(a) Advisory Committee in the Office of Minority Health of the Department of Health and Human Services created pursuant to NRS 232.482 as amended by section 14 of this act;
(b) Advisory Board on Maternal and Child Health created pursuant to NRS 442.133, as amended by section 24 of this act; or
(c) Committee on Emergency Medical Services created pursuant to NRS 450B.151, as amended by section 25 of this act,
Κ who is serving on July 1, 2009, may continue to serve until the expiration of his term. If the position of a member becomes vacant on or after July 1, 2009, the vacancy must be filled in the manner provided by law.
Sec. 28. The Legislative Counsel shall, in preparing:
1. The reprint and supplement to the Nevada Revised Statutes with respect to any section which is not amended by this act or adopted or amended by another act, appropriately change any references to an officer, agency or other entity whose name is changed or whose duties are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity. If any internal reference is made to a section repealed by this act, the Legislative Counsel shall delete the reference and replace it by reference to the superseding section, if any.
2. Supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose duties are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 29. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 669κ
Senate Bill No. 105Committee on Government Affairs
CHAPTER 182
AN ACT relating to water; revising the requirements for determining the amount of matching funds required for certain grants awarded by the Board for Financing Water Projects; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law establishes a program to provide grants of money to certain political subdivisions of this State to pay the costs of certain water projects. (NRS 349.981) The Board for Financing Water Projects awards the grants from money raised by the sale of bonds. (NRS 349.982, 349.986) Recipients of grants for water projects that make capital improvements to certain public water systems that are necessary to make the water safe for drinking and other domestic purposes are required to provide matching funds for each project. Under existing law, the Board calculates the amount of the required matching funds as a percentage of the amount of the grant. (NRS 349.983) This bill requires instead that the amount of the matching funds be calculated as a percentage of the total cost of the project for which the grant is awarded. The Board has considerable discretion in determining the amount of the matching funds, but the Board may not require that the recipient of the grant provide matching funds in an amount which is less than 15 percent or more than 75 percent of the total cost of the project.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.983 is hereby amended to read as follows:
349.983 1. Grants may be made pursuant to paragraph (a) of subsection 1 of NRS 349.981 only for the Lincoln County Water District and those community and nontransient water systems that:
(a) Were in existence on January 1, 1995; and
(b) Are currently publicly owned.
2. In making its determination of which purveyors of water are to receive grants pursuant to paragraph (a) of subsection 1 of NRS 349.981, the Board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.
3. Each recipient of a grant pursuant to paragraph (a) of subsection 1 of NRS 349.981 shall provide an amount of money for the same purpose. The Board shall develop a scale to be used to determine that amount, but the recipient must not be required to provide an amount less than 15 percent or more than 75 percent of the [amount of the grant.] total cost of the project for which the grant is awarded. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the Board determines to be relevant.
Sec. 2. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 670κ
Senate Bill No. 106Committee on Judiciary
CHAPTER 183
AN ACT relating to real property; requiring the seller of a home or an improved or unimproved lot that is adjacent to open range to disclose to the purchaser the presence of certain roads or rights-of-way; requiring the seller to record a copy of the disclosures with the county recorder and provide a copy to the purchaser; providing that compliance with the requirement of disclosure constitutes an affirmative defense in certain actions brought against the seller; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law requires the seller of a home or improved lot that is adjacent to open range to make certain disclosures to the purchaser concerning the livestock that may enter the property from the adjacent open range. (NRS 113.065) This bill amends the existing law to: (1) require the seller to disclose to the purchaser that the lot may be subject to R.S. 2477 roads or other rights-of-way; (2) require the seller to provide to the purchaser a copy of the disclosure document that is signed and acknowledged by the purchaser; (3) require the seller to record a copy of the disclosure document in the office of the county recorder where the property is located; and (4) provide an affirmative defense to the seller in an action brought by the purchaser against the seller for damages allegedly suffered as a result of any right-of-way included in the disclosure. (NRS 113.065)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 113.065 is hereby amended to read as follows:
113.065 1. Before the purchaser of a home or an improved or unimproved lot that is adjacent to open range signs a sales agreement, the seller shall, by separate written document, disclose to the purchaser [information] :
(a) Information regarding grazing on the open range. The written document must contain a statement with the following language:
This property is adjacent to open range on which livestock are permitted to graze or roam. Unless you construct a fence that will prevent livestock from entering this property, livestock may enter the property and you will not be entitled to collect damages because the livestock entered the property. Regardless of whether you construct a fence, it is unlawful to kill, maim or injure livestock that have entered this property.
κ2009 Statutes of Nevada, Page 671 (CHAPTER 183, SB 106)κ
(b) That the parcel may be subject to claims made by a county or this State of rights-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. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979, or other rights-of-way. Such rights-of-way may be:
(1) Unrecorded, undocumented or unsurveyed; and
(2) Used by persons, including, without limitation, miners, ranchers or hunters, for access or recreational use, in a manner which interferes with the use and enjoyment of the parcel.
2. The seller shall [retain] :
(a) Retain a copy of the disclosure document that has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document [.] ;
(b) Provide a copy of the signed disclosure document to the purchaser; and
(c) Record, in the office of the county recorder in the county where the property is located, the original disclosure document that has been signed by the purchaser.
3. Compliance with this section by a seller constitutes an affirmative defense in any action brought against the seller by the purchaser based upon any damages allegedly suffered as the result of the presence of the rights-of-way described in subsection 2 or of livestock entering the property.
4. As used in this section, open range has the meaning ascribed to it in NRS 568.355.
Sec. 2. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 672κ
Senate Bill No. 111Committee on Natural Resources
CHAPTER 184
AN ACT relating to water; revising the membership of the Western Regional Water Commission to allow for the inclusion of the Mayor of the City of Sparks; revising the membership of the Northern Nevada Water Planning Commission to include a representative appointed by the governing body of the Indian reservation which is the largest in area and contiguous to the planning area of the Western Regional Water Commission and to include a member appointed by the Board of Directors of the Washoe County Water Conservation District; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Senate Bill No. 487 of the 2007 Legislative Session, otherwise known as the Western Regional Water Commission Act, created the Western Regional Water Commission and reconstituted the Northern Nevada Water Planning Commission. (Chapter 531, Statutes of Nevada 2007, p. 3285)
The Act requires two members of the City Council of the City of Reno and two members of the City Council of the City of Sparks to be on the Board of the Western Regional Water Commission. (Section 25, chapter 531, Statutes of Nevada 2007, p. 3290) The charter of the City of Reno specifies that the Mayor of the City of Reno is a member of the City Council of the City of Reno. (Sec. 3.010, chapter 662, Statutes of Nevada 1971, p. 1973) Under the charter of the City of Sparks, the Mayor of the City of Sparks is not a member of the City Council of the City of Sparks. (Sec. 3.010, chapter 470, Statutes of Nevada 1975, p. 732) Accordingly, under the Act, the Mayor of the City of Reno may be a member of the Commission, but not the Mayor of the City of Sparks. Section 1 of this bill provides that, for the purposes of appointing a member of the City Council of the City of Sparks to the membership of the Commission, the Mayor of the City of Sparks shall be deemed to be a member of the City Council of the City of Sparks.
The Act sets forth the membership for the Northern Nevada Water Planning Commission to include a representative appointed by the governing body of the Indian reservation with the largest area in the planning area of the Western Regional Water Commission or, in the absence of such an Indian reservation, a member to represent the general public. The Act also requires a representative appointed by the Board of Supervisors of the Washoe Storey Conservation District to sit on the Commission. (Section 36, chapter 531, Statutes of Nevada 2007, pp. 3293-94) Section 2 of this bill revises the membership of the Commission to include, instead, a representative appointed by the governing body of the Indian reservation which is the largest in area and contiguous to the planning area, and a representative appointed by the Board of Directors of the Washoe County Water Conservation District.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 25 of the Western Regional Water Commission Act, being chapter 531, Statutes of Nevada 2007, at page 3290, is hereby amended to read as follows:
Sec. 25. 1. The Regional Water Commission must be directed and governed by a Board of Trustees composed of the following nine members appointed pursuant to this section:
κ2009 Statutes of Nevada, Page 673 (CHAPTER 184, SB 111)κ
(a) Two members of the City Council of the City of Reno;
(b) Two members of the City Council of the City of Sparks;
(c) Two members of the Board of County Commissioners of Washoe County;
(d) One member representing the Truckee Meadows Water Reclamation Facility or its successor;
(e) One member designated by the Board of Trustees of the South Truckee Meadows General Improvement District or its successor; and
(f) One member of the Board of Trustees of the Sun Valley General Improvement District or its successor.
2. The City Council of the City of Reno, the City Council of the City of Sparks and the Board of County Commissioners of Washoe County shall each appoint one trustee from their membership for an initial term of 2 years.
3. The Board of Directors of the Truckee Meadows Water Authority or its successor shall appoint from its membership, for initial terms of 3 years:
(a) One trustee who is a member of the City Council of the City of Reno;
(b) One trustee who is a member of the City Council of the City of Sparks; and
(c) One trustee who is a member of the Board of County Commissioners of Washoe County.
Κ The trustees appointed pursuant to this subsection must be different persons than those appointed pursuant to subsection 2.
4. The Board of Trustees of the Sun Valley General Improvement District or its successor and the Board of Trustees of the South Truckee Meadows General Improvement District or its successor shall each appoint one trustee from its membership for an initial term of 3 years.
5. The owners of the Truckee Meadows Water Reclamation Facility or its successor shall jointly appoint one trustee for an initial term of 2 years.
6. After the initial terms, each trustee who is appointed to the Board serves for a term of 2 years. A trustee may be reappointed.
7. All trustees must be elected officials. No trustee may serve beyond his term of office.
8. The position of a trustee must be considered vacated upon his loss of any of the qualifications required for his appointment, and in such event, the appointing authority shall appoint a successor to fill the remainder of the unexpired term.
9. For the purposes of this section, the Mayor of the City of Sparks shall be deemed to be a member of the City Council of the City of Sparks.
Sec. 2. Section 36 of the Western Regional Water Commission Act, being chapter 531, Statutes of Nevada 2007, at page 3293, is hereby amended to read as follows:
Sec. 36. 1. The Northern Nevada Water Planning Commission is hereby created in the planning area. The Water Planning Commission must consist of the following voting members who are residents of Nevada:
κ2009 Statutes of Nevada, Page 674 (CHAPTER 184, SB 111)κ
(a) The Director of Public Works for the City of Reno, or his designee;
(b) The Director of Public Works for the City of Sparks, or his designee;
(c) The Director of Water Resources for Washoe County, or his designee;
(d) A member of the South Truckee Meadows General Improvement District or its successor;
(e) The General Manager of the Sun Valley General Improvement District or its successor, or his designee;
(f) The General Manager of the Truckee Meadows Water Authority or its successor, or his designee;
(g) The General Manager of the Truckee Meadows Wastewater Reclamation Facility or its successor, or his designee;
(h) One member appointed by the governing body of the Indian reservation which is the largest in area [in] and contiguous to the planning area ; [, if the planning area contains an Indian reservation, or, if there is not an Indian reservation located within the planning area or the governing body of the reservation does not appoint a member, one member appointed by the Board to represent the public at large;]
(i) One member of the public at large appointed by the Board to represent environmental, biological, conservation or public concerns;
(j) One member appointed by the Board to represent owners of domestic wells;
(k) One member appointed by the Board of [Supervisors] Directors of the Washoe [Storey] County Water Conservation District or its successor; and
(l) Such additional members with expertise in any area that the Board determines is necessary, appointed by the Board.
Κ The terms of the ex officio members described in paragraphs (a) to (g), inclusive, are concurrent with the employment of those members in the respective positions specified in those paragraphs. The members appointed pursuant to paragraphs (h) to (l), inclusive, serve initial terms of 2 years.
2. After the initial terms, the term of office of each member appointed pursuant to paragraphs (h) to (l), inclusive, of subsection 1 is 3 years. A member may be reappointed. A vacancy must be filled for the unexpired term by the appointing entity.
Sec. 3. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 675κ
Senate Bill No. 131Senator Cegavske
CHAPTER 185
AN ACT relating to mental health; revising provisions governing the membership of mental health consortiums; revising provisions governing the plans required of each mental health consortium for the provision of services to children with emotional disturbance; authorizing each mental health consortium to request one legislative measure for a regular legislative session; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law establishes a mental health consortium in each county whose population is 100,000 or more (currently Clark and Washoe Counties) and one mental health consortium in the region that comprises all other counties and prescribes the membership of each mental health consortium. (NRS 433B.333) Section 1 of this bill revises the membership of a mental health consortium to include a representative of an agency which provides services for the treatment and prevention of substance abuse.
Each consortium is required to submit to the Department of Health and Human Services a recommended plan for the provision of mental health services to children with emotional disturbance within the jurisdiction of the consortium. The Department may reject the plan and require the consortium to revise and resubmit the plan. (NRS 433B.335) Section 2 of this bill revises the required contents of the plan by requiring a long-term strategic plan which is effective for 10 years and which includes the strategies and goals of the consortium for providing services to children with emotional disturbance. Section 2 also removes the authority of the Department to reject the plan. Section 2 further requires each consortium to submit to the Director of the Department and the Commission on Mental Health and Developmental Services in even-numbered years any revisions to the long-term strategic plan and a prioritized list of services and costs necessary to implement the plan. The list of priorities and costs submitted by each consortium must be considered by the Director in preparing the biennial budget request for the Department. In odd-numbered years, each consortium must submit a report regarding the status of the long-term strategic plan and any revisions made to the plan.
Section 3 of this bill authorizes each mental health consortium to submit a request for one legislative measure for a regular legislative session. (Chapter 218 of NRS)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433B.333 is hereby amended to read as follows:
433B.333 1. A mental health consortium is hereby established in each of the following jurisdictions:
(a) A county whose population is 100,000 or more; and
(b) The region consisting of all counties whose population are less than 100,000.
2. In a county whose population is 100,000 or more, such a consortium must consist of at least the following persons appointed by the Administrator:
κ2009 Statutes of Nevada, Page 676 (CHAPTER 185, SB 131)κ
(a) A representative of the Division;
(b) A representative of the agency which provides child welfare services;
(c) A representative of the Division of Health Care Financing and Policy of the Department;
(d) A representative of the board of trustees of the school district in the county;
(e) A representative of the local juvenile probation department;
(f) A representative of the local chamber of commerce or business community;
(g) A private provider of mental health care;
(h) A provider of foster care; [and]
(i) A parent of a child with an emotional disturbance [.] ; and
(j) A representative of an agency which provides services for the treatment and prevention of substance abuse.
3. In the region consisting of counties whose population are less than 100,000, such a consortium must consist of at least the following persons appointed by the Administrator:
(a) A representative of the Division of Mental Health and Developmental Services of the Department;
(b) A representative of the agency which provides child welfare services in the region;
(c) A representative of the Division of Health Care Financing and Policy of the Department;
(d) A representative of the boards of trustees of the school districts in the region;
(e) A representative of the local juvenile probation departments;
(f) A representative of the chambers of commerce or business community in the region;
(g) A private provider of mental health care;
(h) A provider of foster care; [and]
(i) A parent of a child with an emotional disturbance [.] ; and
(j) A representative of an agency which provides services for the treatment and prevention of substance abuse.
Sec. 2. NRS 433B.335 is hereby amended to read as follows:
433B.335 1. [On or before July 1 of each year, each] Each mental health consortium established pursuant to NRS 433B.333 shall prepare and submit to the Director of the Department a [recommended] long-term strategic plan for the provision of mental health services to children with emotional disturbance in the jurisdiction of the consortium. A plan submitted pursuant to this section is valid for 10 years after the date of submission, and each consortium shall submit a new plan upon its expiration.
2. In preparing the [recommended] long-term strategic plan [,] pursuant to subsection 1, each mental health consortium must be guided by the following principles:
(a) The system of mental health services set forth in the plan should be centered on children with emotional disturbance and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided.
(b) The families of children with emotional disturbance, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.
κ2009 Statutes of Nevada, Page 677 (CHAPTER 185, SB 131)κ
(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.
(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.
(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.
(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.
(g) The family of a child with an emotional disturbance should be eligible to receive mental health services from the system.
(h) Mental health services should be provided to children with emotional disturbance in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.
3. The long-term strategic plan prepared pursuant to [this section] subsection 1 must include:
(a) An assessment of the need for mental health services in the jurisdiction of the consortium;
(b) The long-term strategies and goals of the consortium for providing mental health services to children with emotional disturbance within the jurisdiction of the consortium;
(c) A description of the types of services to be offered to children with emotional disturbance [based on the amount of money available to pay the costs of such mental health services] within the jurisdiction of the consortium;
[(c)] (d) Criteria for eligibility for those services;
[(d)] (e) A description of the manner in which those services may be obtained by eligible children;
[(e)] (f) The manner in which the costs for those services will be allocated;
[(f)] (g) The mechanisms to manage the money provided for those services;
[(g)] (h) Documentation of the number of children with emotional disturbance who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;
[(h)] (i) Methods for obtaining additional money and services for children with emotional disturbance from private and public entities; and
[(i)] (j) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.
4. On or before [July 15] January 31 of each even-numbered year, each mental health consortium shall submit [the recommended plan prepared pursuant to this section to the Department. If the Department disapproves the plan, the Department shall submit the plan to the consortium for revision and resubmission] to the Director of the Department [.] and the Commission on Mental Health and Developmental Services created pursuant to NRS 232.361:
(a) A list of the priorities of services necessary to implement the long-term strategic plan submitted pursuant to subsection 1 and an itemized list of the costs to provide those services; and
κ2009 Statutes of Nevada, Page 678 (CHAPTER 185, SB 131)κ
(b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year.
5. In preparing the biennial budget request for the Department, the Director of the Department shall consider the list of priorities submitted pursuant to subsection 4 by each mental health consortium. On or before September 30 of each even-numbered year, the Director of the Department shall submit to each mental health consortium a report which includes a description of:
(a) Each item on the list of priorities of the consortium that was included in the biennial budget request for the Department; and
(b) Each item on the list of priorities of the consortium that was not included in the biennial budget request for the Department and an explanation for the exclusion.
6. On or before January 31 of each odd-numbered year, each consortium shall submit to the Director of the Department and the Commission on Mental Health and Developmental Services created pursuant to NRS 232.361:
(a) A report regarding the status of the long-term strategic plan submitted pursuant to subsection 1, including, without limitation, the status of the strategies, goals and services included in the plan; and
(b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year.
Sec. 3. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each mental health consortium established pursuant to NRS 433B.333 may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare not more than one legislative measure for a regular legislative session.
2. A request for the drafting of a legislative measure pursuant to this section must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature.
3. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.
Sec. 4. NRS 218.240 is hereby amended to read as follows:
218.240 1. The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.] , and section 3 of this act. Except as otherwise provided in those provisions, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the Constitution or laws of this State.
κ2009 Statutes of Nevada, Page 679 (CHAPTER 185, SB 131)κ
2. The Legislative Counsel shall give consideration to and service concerning any measure before the Legislature which is requested by the Governor, the Senate or Assembly, or any committee of the Legislature having the measure before it for consideration.
Sec. 5. Section 3 of this act is hereby amended to read as follows:
Sec. [2.] 3. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each mental health consortium established pursuant to NRS 433B.333 may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare not more than one legislative measure for a regular legislative session.
2. A request for the drafting of a legislative measure pursuant to this section must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature.
3. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. [The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.]
Sec. 6. On or before January 31, 2010, each mental health consortium established pursuant to NRS 433B.333, as amended by section 1 of this act, shall submit to the Director of the Department of Health and Human Services and the Commission on Mental Health and Developmental Services created pursuant to NRS 232.361 the long-term strategic plan required pursuant to NRS 433B.335, as amended by section 2 of this act.
Sec. 7. 1. This section, sections 1 to 4, inclusive, and 6 of this act become effective on July 1, 2009.
2. Section 5 of this act becomes effective on July 1, 2011.
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κ2009 Statutes of Nevada, Page 680κ
Senate Bill No. 134Senator Coffin
CHAPTER 186
AN ACT relating to traffic laws; revising provisions concerning the increased penalty imposed for certain traffic violations that occur in work zones; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law requires the doubling of the penalty imposed against a person convicted of speeding or convicted of certain other traffic offenses that occur in a highway construction zone if: (1) workers are present; or (2) the effects of the offense are otherwise aggravated because of certain highway conditions that exist as a result of the highway construction. (NRS 484.3667) Section 1 of this bill provides that the additional penalty must also be imposed if the offense occurs within a temporary traffic control zone in which workers are performing work other than highway maintenance or construction. Section 2 of this bill removes the requirement that a governmental entity or person with whom the governmental entity contracts post signs to mark the beginning and end of a temporary traffic control zone under certain circumstances. Section 2 also provides that a person is not subject to the additional penalty if the violation occurred in a temporary traffic control zone which is not required to be marked, unless the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.254 is hereby amended to read as follows:
484.254 1. It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance [.] or any other area which has been designated as a temporary traffic control zone.
2. A district attorney shall prosecute all violations of subsection 1 which occur in his jurisdiction and which result in injury to any person performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone unless the district attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance [,] or performing other work within an area designated as a temporary traffic control zone, or in damage to property in an amount of not less than $1,000, the driver shall be punished by a fine of not less than $1,000 or more than $2,000, and ordered to perform 120 hours of community service.
3. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in subsection 1 of NRS 484.3667.
4. As used in this section, authorized flagman serving in a traffic control capacity means:
κ2009 Statutes of Nevada, Page 681 (CHAPTER 186, SB 134)κ
(a) An employee of the Department of Transportation or of a contractor performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone for the Department of Transportation while he is carrying out the duties of his employment;
(b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone for the governmental entity while he is carrying out the duties of his employment; or
(c) Any other person employed by a private entity performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone while he is carrying out the duties of his employment if the person has satisfactorily completed training as a flagman approved or recognized by the Department of Transportation.
Sec. 2. NRS 484.3667 is hereby amended to read as follows:
484.3667 1. Except as otherwise provided in [subsection 2,] subsections 2 and 6, a person who is convicted of a violation of a speed limit, or of NRS 484.254, 484.278, 484.289, 484.2895, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.3775, 484.379, 484.379778, 484.448, 484.453 or 484.479, that occurred:
(a) In an area designated as a temporary traffic control zone ; [in which construction, maintenance or repair of a highway is conducted;] and
(b) At a time when the workers who are performing [the] construction, maintenance or repair of the highway or other work are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,
Κ shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
2. The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.
3. [A] Except as otherwise provided in subsection 5, a governmental entity that designates an area or authorizes the designation of an area as a temporary traffic control zone in which construction, maintenance or repair of a highway or other work is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected:
κ2009 Statutes of Nevada, Page 682 (CHAPTER 186, SB 134)κ
(a) A sign located before the beginning of such an area stating DOUBLE PENALTIES IN WORK ZONES to indicate a double penalty may be imposed pursuant to this section;
(b) A sign to mark the beginning of the temporary traffic control zone; and
(c) A sign to mark the end of the temporary traffic control zone.
4. A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.
5. The requirements of subsection 3 do not apply to an area designated as a temporary traffic control zone:
(a) Pursuant to an emergency which results from a natural or man-made disaster and which threatens the health, safety or welfare of the public; or
(b) On a public highway where the posted speed limit is 25 miles per hour or less and that provides access to or is appurtenant to a residential area.
6. A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to an additional penalty if the violation occurred in a temporary traffic control zone for which signs are not erected pursuant to subsection 5, unless the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.
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κ2009 Statutes of Nevada, Page 683κ
Senate Bill No. 144Senator Amodei
CHAPTER 187
AN ACT relating to explosives; setting forth the primary responsibilities of a public safety bomb squad under certain circumstances; requiring a public safety bomb squad to comply with certain national guidelines to the extent practicable; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
This bill sets forth various provisions governing the activities of public safety bomb squads and bomb technicians. Section 7.5 of this bill provides that the provisions of the bill apply in each county in this State: (1) in which there is a public safety bomb squad; and (2) in the absence of a memorandum of understanding setting forth the responsibilities of the public safety bomb squad. Section 7.5 also provides that in a county in which there is not a public safety bomb squad, the sheriff of the county or his designee is responsible for carrying out those duties of a public safety bomb squad which he determines are appropriate in that county. Section 4 of this bill defines a bomb technician as a person who is certified as a bomb technician by the Federal Bureau of Investigation and is an active member of a public safety bomb squad. Section 6 of this bill defines a public safety bomb squad as a group which consists of members who are bomb technicians and which is accredited by the Federal Bureau of Investigation. Section 8 of this bill sets forth the primary responsibilities of a public safety bomb squad. Section 9 of this bill specifies that each public safety bomb squad is responsible for all render-safe procedures for all actual or suspected improvised explosive devices to which the public safety bomb squad responds. Section 9 also imposes duties upon a public safety bomb squad, including the duty to provide maximum safety for the public in accordance with certain national guidelines. Section 10 of this bill requires each law enforcement agency in this State to establish a plan to ensure the timely notification of the appropriate public safety bomb squad of any actual or suspected improvised explosive device. Section 7 of this bill specifies that a suspected improvised explosive device includes any item that, based on training, experience or circumstances, would cause a reasonable person to believe that the item may pose an immediate threat of an explosive or destructive nature. Section 11 of this bill provides that each bomb squad commander is responsible for the activities of the public safety bomb squad, requires the bomb squad commander to establish policies and tactical plans consistent with the National Guidelines for Bomb Technicians and provides that the bomb squad commander retains final authority concerning the render-safe procedures for incidents involving explosives to which the public safety bomb squad responds.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 476 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
κ2009 Statutes of Nevada, Page 684 (CHAPTER 187, SB 144)κ
Sec. 3. Bomb squad commander means a bomb technician who serves as the point of contact for and speaks on behalf of a public safety bomb squad.
Sec. 4. Bomb technician means a person who:
1. Is certified as a bomb technician by the Federal Bureau of Investigation; and
2. Is an active member of a public safety bomb squad.
Sec. 5. National Guidelines for Bomb Technicians means the guidelines published by the National Bomb Squad Commanders Advisory Board that set forth:
1. The requirements for certifying a bomb technician;
2. The requirements for accrediting a public safety bomb squad; and
3. The fundamental operational doctrine of the bomb squad profession, including, without limitation, minimum principles of safety for that profession.
Sec. 6. Public safety bomb squad means a group that:
1. Consists of members who are bomb technicians; and
2. Is accredited as a bomb squad by the Federal Bureau of Investigation.
Sec. 7. Suspected improvised explosive device means any item that, based on training, experience or circumstances, would cause a reasonable person to believe that the item may pose an immediate threat of an explosive or destructive nature.
Sec. 7.5. 1. The provisions of sections 2 to 11, inclusive, of this act apply in each county in this State:
(a) In which there is a public safety bomb squad; and
(b) In the absence of a memorandum of understanding setting forth the responsibilities of each public safety bomb squad in the county.
2. In a county in which there is no public safety bomb squad, the sheriff of the county or his designee shall carry out those duties of a public safety bomb squad which he determines are appropriate in that county.
Sec. 8. The primary responsibilities of each public safety bomb squad are to:
1. Make safe any area and remove from the area any:
(a) Actual or suspected improvised explosive device;
(b) Explosive; or
(c) Incendiary device.
2. Provide legal and safe transportation, disposal and storage of any item specified in subsection 1.
3. Assist the primary law enforcement agency with the investigation of each crime where a bombing occurs or where any improvised explosive device has been rendered safe.
4. Store, maintain and prepare an inventory of all equipment used by the public safety bomb squad.
5. Upon request, provide technical support for any law enforcement agency, including, without limitation, providing protection for any dignitary in this State.
6. Prepare and participate in a program of training relating to explosives.
7. Maintain and be familiar with a library of technical publications and other information concerning explosives.
8. Maintain professional and training liaisons with:
κ2009 Statutes of Nevada, Page 685 (CHAPTER 187, SB 144)κ
(a) Other state and local bomb squads;
(b) Law enforcement agencies;
(c) Military units;
(d) Federal agencies; and
(e) Professional associations.
9. Compile and report to the appropriate persons all technical data obtained by the public safety bomb squad concerning explosive devices and incidents involving explosives that occur within the jurisdiction of the public safety bomb squad.
10. Develop programs for members of the general public and private organizations concerning safety and awareness during a bomb threat.
11. Report to the appropriate military unit any military ordnance which is found or recovered by the public safety bomb squad.
Sec. 9. 1. Except as otherwise provided in subsection 2, each public safety bomb squad:
(a) Is responsible for all render-safe procedures for all actual or suspected improvised explosive devices to which the public safety bomb squad responds; and
(b) Shall, to the extent practicable in conducting its activities, provide maximum safety for members of the general public and any other public safety bomb squad in accordance with the National Guidelines for Bomb Technicians and the National Strategic Plan for U.S. Bomb Squads published by the National Bomb Squad Commanders Advisory Board.
2. At an airport that has an airport security program or airport emergency plan approved by the Federal Aviation Administration of the United States Department of Transportation or the Transportation Security Administration of the United States Department of Homeland Security, the public safety bomb squad shall carry out the primary responsibilities specified in section 8 of this act in accordance with the approved airport security program or airport emergency plan.
Sec. 10. Each law enforcement agency in this State shall establish a plan to ensure the timely notification of the appropriate public safety bomb squad of any actual or suspected improvised explosive device.
Sec. 11. Each bomb squad commander:
1. Is responsible for the activities of the public safety bomb squad concerning responses to actual or suspected improvised explosive devices;
2. Shall establish policies and tactical plans consistent with the National Guidelines for Bomb Technicians;
3. Shall work cooperatively with the appropriate law enforcement agencies to remediate any incident involving an explosive to which the public safety bomb squad responds; and
4. Retains final authority for the render-safe procedures for any incident involving an explosive to which the public safety bomb squad responds.
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 476.005 is hereby amended to read as follows:
476.005 As used in this chapter, unless the context otherwise requires, explosive means any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to 18 U.S.C. §§ 841 et seq.
κ2009 Statutes of Nevada, Page 686 (CHAPTER 187, SB 144)κ
Sec. 14. NRS 476.100 is hereby amended to read as follows:
476.100 If the provisions of chapter 40 of Title 18 of the United States Code do not apply to an activity, substance or item pursuant to 18 U.S.C. § 845(a), [this chapter does] the provisions of NRS 476.005 to 476.100, inclusive, do not apply to the activity, substance or item.
________
Senate Bill No. 163Senator Wiener
Joint Sponsor: Assemblywoman Parnell
CHAPTER 188
AN ACT relating to education; revising provisions governing safe and respectful learning environments in public schools to include a prohibition on bullying and cyber-bullying; requiring the standards of content and performance for courses of study in computer education and technology established by the Council to Establish Academic Standards for Public Schools to include a policy for the ethical, safe and secure use of computers and other electronic devices; revising certain prohibited acts to specifically include cyber-bullying; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
The Department of Education is required to prescribe a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of harassment and intimidation, including the provision of training to school personnel and requirements for reporting violations of the policy. (NRS 388.121-388.139) Sections 1-9 of this bill revise the provisions governing safe and respectful learning environments to include a prohibition on bullying and cyber-bullying. (NRS 388.132, 388.133, 388.134, 388.135, 388.139)
Existing law requires the Council to Establish Academic Standards for Public Schools to establish the standards of content and performance for courses of study, including courses of study in computer education and technology. (NRS 389.520) Section 10 of this bill requires the standards of content and performance for courses in computer education and technology to include a policy for the ethical, safe and secure use of computers and other electronic devices. Section 7 of this bill requires each school district to adopt the policy for inclusion in its policy on the provision of a safe and respectful learning environment.
Existing law prohibits a person from using any means of oral, written or electronic communication to knowingly threaten to cause bodily harm or death to a pupil or school employee with the intent to: (1) intimidate, frighten, alarm or distress the pupil or school employee; (2) cause panic or civil unrest; or (3) interfere with the operation of a public school. Section 11 of this bill specifically includes the use of cyber-bullying in these prohibited acts. (NRS 392.915)
κ2009 Statutes of Nevada, Page 687 (CHAPTER 188, SB 163)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 2 and 3 of this act.
Sec. 1.5. Bullying means a willful act or course of conduct on the part of one or more pupils which is not authorized by law and which exposes a pupil repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and is intended to cause and actually causes the pupil to suffer harm or serious emotional distress.
Sec. 2. Cyber-bullying means bullying through the use of electronic communication.
Sec. 3. Electronic communication means the communication of any written, verbal or pictorial information through the use of an electronic device, including, without limitation, a telephone, a cellular phone, a computer or any similar means of communication.
Sec. 4. NRS 388.121 is hereby amended to read as follows:
388.121 As used in NRS 388.121 to 388.139, inclusive, and sections 1.5, 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.125 and 388.129 and sections 1.5, 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 388.132 is hereby amended to read as follows:
388.132 The Legislature declares that:
1. A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this State to achieve academic success and meet this States high academic standards;
2. Any form of bullying, cyber-bullying, harassment or intimidation in public schools seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;
3. The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;
4. The intended goal of the Legislature is to ensure that:
(a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential;
(b) All administrators, principals, teachers and other personnel of the school districts and public schools in this State demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate bullying, cyber-bullying, harassment or intimidation; and
(c) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree without resorting to bullying, cyber-bullying, violence, harassment or intimidation; and
[4.] 5. By declaring its goal that the public schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse and harassment.
Sec. 6. NRS 388.133 is hereby amended to read as follows:
388.133 1. The Department shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying, cyber-bullying, harassment and intimidation.
κ2009 Statutes of Nevada, Page 688 (CHAPTER 188, SB 163)κ
organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying, cyber-bullying, harassment and intimidation.
2. The policy must include, without limitation:
(a) Requirements and methods for reporting violations of NRS 388.135; and
(b) A policy for use by school districts to train administrators, principals, teachers and all other personnel employed by the board of trustees of a school district. The policy must include, without limitation:
(1) Training in the appropriate methods to facilitate positive human relations among pupils without the use of bullying, cyber-bullying, harassment and intimidation so that pupils may realize their full academic and personal potential;
(2) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and
(3) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.
Sec. 7. NRS 388.134 is hereby amended to read as follows:
388.134 The board of trustees of each school district shall:
1. Adopt the policy prescribed [by the Department] pursuant to NRS 388.133 [.] and the policy prescribed pursuant to subsection 2 of NRS 389.520. The board of trustees may adopt an expanded policy for one or both of the policies if [the] each expanded policy complies with the policy prescribed [by the Department.] pursuant to NRS 388.133 or pursuant to subsection 2 of NRS 389.520, as applicable.
2. Provide for the appropriate training of all administrators, principals, teachers and all other personnel employed by the board of trustees in accordance with the [policy] policies prescribed [by the Department] pursuant to NRS 388.133 [.] and pursuant to subsection 2 of NRS 389.520.
3. On or before September 1 of each year, submit a report to the Superintendent of Public Instruction that includes a description of each violation of NRS 388.135 occurring in the immediately preceding school year that resulted in personnel action against an employee or suspension or expulsion of a pupil, if any.
Sec. 8. NRS 388.135 is hereby amended to read as follows:
388.135 A member of the board of trustees of a school district, any employee of the board of trustees, including, without limitation, an administrator, principal, teacher or other staff member, or any pupil shall not engage in bullying, cyber-bullying, harassment or intimidation on the premises of any public school, at an activity sponsored by a public school or on any school bus.
Sec. 9. NRS 388.139 is hereby amended to read as follows:
388.139 Each school district shall include the text of the provisions of NRS 388.125 to 388.135, inclusive, and the [policy] policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading [Harassment] Bullying, Cyber-Bullying, Harassment and Intimidation Is Prohibited in Public Schools, within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.
κ2009 Statutes of Nevada, Page 689 (CHAPTER 188, SB 163)κ
Sec. 10. NRS 389.520 is hereby amended to read as follows:
389.520 1. The Council shall:
(a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection [2,] 3, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) English, including reading, composition and writing;
(2) Mathematics;
(3) Science;
(4) Social studies, which includes only the subjects of history, geography, economics and government;
(5) The arts;
(6) Computer education and technology;
(7) Health; and
(8) Physical education.
(b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.
(c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.
2. The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:
(a) The ethical use of computers and other electronic devices, including, without limitation:
(1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and
(2) Methods to ensure the prevention of:
(I) Cyber-bullying;
(II) Plagiarism; and
(III) The theft of information or data in an electronic form;
(b) The safe use of computers and other electronic devices, including, without limitation, methods to:
(1) Avoid harassment, cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;
(2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and
(3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;
(c) The secure use of computers and other electronic devices, including, without limitation:
(1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;
(2) The necessity for secure passwords or other unique identifiers;
(3) The effects of a computer contaminant;
κ2009 Statutes of Nevada, Page 690 (CHAPTER 188, SB 163)κ
(4) Methods to identify unsolicited commercial material; and
(5) The dangers associated with social networking Internet sites; and
(d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.
3. The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.
[3.] 4. The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:
(a) Adopt the standards for each course of study, as submitted by the Council; or
(b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.
[4.] 5. If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:
(a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and
(b) Return the standards or the revised standards, as applicable, to the State Board.
Κ The State Board shall adopt the standards of content and performance or the revised standards, as applicable.
[5.] 6. The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.
7. As used in this section:
(a) Computer contaminant has the meaning ascribed to it in NRS 205.4737.
(b) Cyber-bullying has the meaning ascribed to it in section 2 of this act.
(c) Electronic communication has the meaning ascribed to it in section 3 of this act.
Sec. 11. NRS 392.915 is hereby amended to read as follows:
392.915 1. A person shall not, through the use of any means of oral, written or electronic communication, including, without limitation, through the use of cyber-bullying, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:
(a) Intimidate, harass, frighten, alarm or distress a pupil or employee of a school district or charter school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a public school, including, without limitation, a charter school.
2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:
(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.
(b) A gross misdemeanor, if the threat causes:
κ2009 Statutes of Nevada, Page 691 (CHAPTER 188, SB 163)κ
(1) Any pupil or employee of a school district or charter school who is the subject of the threat to be intimidated, harassed, frightened, alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a public school, including, without limitation, a charter school.
3. As used in this section [, oral,] :
(a) Cyber-bullying has the meaning ascribed to it in section 2 of this act.
(b) Oral, written or electronic communication includes, without limitation, any of the following:
[(a)] (1) A letter, note or any other type of written correspondence.
[(b)] (2) An item of mail or a package delivered by any person or postal or delivery service.
[(c)] (3) A telegraph or wire service, or any other similar means of communication.
[(d)] (4) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.
[(e)] (5) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.
[(f)] (6) An audio or video recording or reproduction, or any other similar means of communication.
[(g)] (7) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.
Sec. 12. 1. On or before January 1, 2010, the Council to Establish Academic Standards for Public Schools shall establish the policy required by subsection 2 of NRS 389.520, as amended by section 10 of this act. In establishing the policy, the Council shall consider policies currently in use by school districts in this State.
2. On or before July 1, 2010, the board of trustees of each school district shall adopt the policy regarding the ethical, safe and secure use of computers and other electronic devices pursuant to NRS 388.134, as amended by section 7 of this act.
Sec. 13. 1. This section and sections 6, 10 and 12 of this act become effective on July 1, 2009, for the purpose of adopting policies and on July 1, 2010, for all other purposes.
2. Sections 1 to 5, inclusive, 7, 8, 9 and 11 of this act become effective on July 1, 2010.
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κ2009 Statutes of Nevada, Page 692κ
Senate Bill No. 169Committee on Judiciary
CHAPTER 189
AN ACT relating to nonprofit associations; adopting the Revised Uniform Unincorporated Nonprofit Association Act of 2008; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
The Uniform Unincorporated Nonprofit Association Act was promulgated by the National Conference of Commissioners on Uniform State Laws in 1996 and provides a basic statutory scheme governing unincorporated nonprofit associations. Since 1996, 12 states have adopted the Uniform Act. States such as Nevada, which have not adopted the Uniform Act, are generally governed by common law principles. In 2005, the National Conference of Commissioners on Uniform State Laws began to update and revise the existing Uniform Act.
This bill adopts the Revised Uniform Unincorporated Nonprofit Association Act of 2008. An unincorporated nonprofit association is a nonprofit organization that is not a charitable trust or a nonprofit corporation or any other type of association organized under statutory law that is authorized to engage in nonprofit activities. Unincorporated nonprofit associations are often classified as public benefit, mutual benefit or religious organizations and may or may not be tax-exempt.
The provisions of the Revised Uniform Unincorporated Nonprofit Association Act of 2008 address the following basic issues concerning unincorporated nonprofit associations: (1) definition of the types of organizations to which the Uniform Act applies; (2) the relation of the Uniform Act to other existing laws; (3) the recognition that an unincorporated nonprofit association is a legal entity and the legal implications flowing from this status, including the ability of an unincorporated nonprofit association to own and dispose of property and to sue and be sued in its own name; (4) the contractual and tort liability of an unincorporated nonprofit association and its members and managers; (5) internal governance, fiduciary duties and agency authority; and (6) dissolution and merger.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 81 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 40, inclusive, of this act.
Sec. 2. Sections 2 to 40, inclusive, of this act may be cited as the Revised Uniform Unincorporated Nonprofit Association Act of 2008.
Sec. 3. As used in sections 2 to 40, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Established practices means the practices used by an unincorporated nonprofit association without material change during the most recent 5 years of its existence or, if it has existed for less than 5 years, during its entire existence.
Sec. 5. Governing principles means the agreements, whether oral, in a record or implied from its established practices, that govern the purpose or operation of an unincorporated nonprofit association and the rights and obligations of its members and managers.
κ2009 Statutes of Nevada, Page 693 (CHAPTER 189, SB 169)κ
rights and obligations of its members and managers. The term includes any amendment or restatement of the agreements constituting the governing principles.
Sec. 6. Manager means a person that is responsible, alone or in concert with others, for the management of an unincorporated nonprofit association.
Sec. 7. Member means a person that, under the governing principles, may participate in the selection of persons authorized to manage the affairs of the unincorporated nonprofit association or in the development of the policies and activities of the association.
Sec. 8. Person means an individual, corporation, business trust, statutory entity trust, estate, trust, partnership, limited-liability company, cooperative, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
Sec. 9. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 10. Unincorporated nonprofit association means an unincorporated organization consisting of two or more members joined under an agreement that is oral, in a record or implied from conduct, for one or more common nonprofit purposes. The term does not include:
1. A trust;
2. A marriage, domestic partnership, common law domestic relationship, civil union or other domestic living arrangement;
3. An organization formed under any other statute that governs the organization and operation of unincorporated associations;
4. A joint tenancy, tenancy in common or tenancy by the entireties, even if the co-owners share use of the property for a nonprofit purpose; or
5. A relationship under an agreement in a record which expressly provides that the relationship between the parties does not create an unincorporated nonprofit association.
Sec. 11. 1. Unless displaced by particular provisions of sections 2 to 40, inclusive, of this act, the principles of law and equity supplement the provisions of sections 2 to 40, inclusive, of this act.
2. A statute governing a specific type of unincorporated nonprofit association prevails over an inconsistent provision in sections 2 to 40, inclusive, of this act, to the extent of the inconsistency.
3. The provisions of sections 2 to 40, inclusive, of this act supplement the laws of this State that apply to nonprofit associations operating in this State. If a conflict exists, such law applies.
Sec. 12. 1. Except as otherwise provided in subsection 2, the law of this State governs the operation in this State of all unincorporated nonprofit associations formed or operating in this State.
2. Unless the governing principles specify a different jurisdiction, the law of the jurisdiction in which an unincorporated nonprofit association has its main place of activities governs the internal affairs of the association.
Sec. 13. 1. An unincorporated nonprofit association is a legal entity distinct from its members and managers.
2. An unincorporated nonprofit association has perpetual duration unless the governing principles specify otherwise.
κ2009 Statutes of Nevada, Page 694 (CHAPTER 189, SB 169)κ
3. An unincorporated nonprofit association has the same powers as an individual to do all things necessary or convenient to carry on its purposes.
4. An unincorporated nonprofit association may engage in profit-making activities but profits from any activities must be used or set aside for the associations nonprofit purposes.
Sec. 14. 1. An unincorporated nonprofit association may acquire, hold, encumber or transfer in its name an interest in real or personal property.
2. An unincorporated nonprofit association may be a beneficiary of a trust or contract, a legatee or a devisee.
Sec. 15. 1. An interest in real property held in the name of an unincorporated nonprofit association may be transferred by a person authorized to do so in a statement of authority recorded by the association in the office of the county recorder in which a transfer of the property would be recorded.
2. A statement of authority must set forth:
(a) The name of the unincorporated nonprofit association;
(b) The address in this State, including the street address, if any, of the association or, if the association does not have an address in this State, its out-of-state address;
(c) That the association is an unincorporated nonprofit association; and
(d) The name, title or position of a person authorized to transfer an estate or interest in real property held in the name of the association.
3. A statement of authority must be executed in the same manner as a deed by a person other than the person authorized in the statement to transfer the interest.
4. A county recorder may collect a fee for recording a statement of authority in the amount authorized for recording a transfer of real property.
5. A document amending, revoking or cancelling a statement of authority or stating that the statement is unauthorized or erroneous must meet the requirements for executing and recording an original statement.
6. Unless cancelled earlier, a recorded statement of authority and its most recent amendment expire 5 years after the date of the most recent recording.
7. If the record title to real property is in the name of an unincorporated nonprofit association and the statement of authority is recorded in the office of the county recorder in which a transfer of the property would be recorded, the authority of the person named in the statement to transfer is conclusive in favor of a person that gives value without notice that the person lacks authority.
8. As used in this section, statement of authority means a statement authorizing a person to transfer an interest in real property held in the name of an unincorporated nonprofit association.
Sec. 16. 1. A debt, obligation or other liability of an unincorporated nonprofit association, whether arising in contract, tort or otherwise:
(a) Is solely the debt, obligation or other liability of the association; and
κ2009 Statutes of Nevada, Page 695 (CHAPTER 189, SB 169)κ
(b) Does not become a debt, obligation or other liability of a member or manager solely because the member acts as a member or the manager acts as a manager.
2. A persons status as a member or manager does not prevent or restrict law other than the provisions of sections 2 to 40, inclusive, of this act from imposing liability on the person or the association because of the persons conduct.
Sec. 17. 1. An unincorporated nonprofit association may sue or be sued in its own name.
2. A member or manager may assert a claim the member or manager has against the unincorporated nonprofit association. An association may assert a claim it has against a member or manager.
Sec. 18. A judgment or order against an unincorporated nonprofit association is not by itself a judgment or order against a member or manager.
Sec. 19. 1. An unincorporated nonprofit association may, in the manner provided pursuant to chapter 77 of NRS, appoint a registered agent who is authorized to receive any process, notice or demand required or permitted by law to be served upon the association.
2. In an action or proceeding against an unincorporated nonprofit association, any process, notice or demand may be served:
(a) On a registered agent appointed pursuant to subsection 1;
(b) On a manager of the association; or
(c) In any other manner authorized by law.
3. This section does not limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon an unincorporated nonprofit association in any other manner permitted by law.
4. As used in this section, registered agent has the meaning ascribed to it in NRS 77.230.
Sec. 20. An action or proceeding against an unincorporated nonprofit association does not abate merely because of a change in its members or managers.
Sec. 21. Unless otherwise provided by law other than the provisions of sections 2 to 40, inclusive, of this act, venue of an action against an unincorporated nonprofit association brought in this State is determined under the statutes applicable to an action brought in this State against a corporation.
Sec. 22. A member is not an agent of the association solely by reason of being a member.
Sec. 23. 1. Except as otherwise provided in the governing principles, an unincorporated nonprofit association must have the approval of its members to:
(a) Admit, suspend, dismiss or expel a member;
(b) Select or dismiss a manager;
(c) Adopt, amend or repeal the governing principles;
(d) Sell, lease, exchange or otherwise dispose of all or substantially all of the associations property, with or without the associations goodwill, outside the ordinary course of its activities;
(e) Dissolve under paragraph (b) of subsection 1 of section 35 of this act or merge under section 37 of this act;
κ2009 Statutes of Nevada, Page 696 (CHAPTER 189, SB 169)κ
(f) Undertake any other act outside the ordinary course of the associations activities; or
(g) Determine the policy and purposes of the association.
2. An unincorporated nonprofit association must have the approval of the members to do any other act or exercise a right that the governing principles require to be approved by members.
Sec. 24. 1. Unless the governing principles provide otherwise:
(a) Approval of a matter by members requires an affirmative majority of the votes cast at a meeting of members; and
(b) Each member is entitled to one vote on each matter that is submitted for approval by members.
2. Notice and quorum requirements for member meetings and the conduct of meetings of members are determined by the governing principles.
Sec. 25. 1. A member does not have a fiduciary duty to an unincorporated nonprofit association or to another member solely by being a member.
2. A member shall discharge the duties to the unincorporated nonprofit association and the other members and exercise any rights under the provisions of sections 2 to 40, inclusive, of this act consistent with the governing principles and the obligation of good faith and fair dealing.
Sec. 26. 1. A person becomes a member and may be suspended, dismissed or expelled in accordance with the associations governing principles. If there are no applicable governing principles, a person may become a member or be suspended, dismissed or expelled from an association only by a vote of its members. A person may not be admitted as a member without the persons consent.
2. Unless the governing principles provide otherwise, the suspension, dismissal or expulsion of a member does not relieve the member from any unpaid capital contribution, dues, assessments, fees or other obligation incurred or commitment made by the member before the suspension, dismissal or expulsion.
Sec. 27. 1. A member may resign as a member in accordance with the governing principles. In the absence of applicable governing principles, a member may resign at any time.
2. Unless the governing principles provide otherwise, resignation of a member does not relieve the member from any unpaid capital contribution, dues, assessments, fees or other obligation incurred or commitment made by the member before resignation.
Sec. 28. Except as otherwise provided in the governing principles, a members interest or any right under the governing principles is not transferable.
Sec. 29. Except as otherwise provided in sections 2 to 40, inclusive, of this act or the governing principles:
1. Only the members may select a manager or managers;
2. A manager may be a member or a nonmember;
3. If a manager is not selected, all members are managers;
4. Each manager has equal rights in the management and conduct of the associations activities;
5. All matters relating to the associations activities are decided by its managers except for matters reserved for approval by members in section 23 of this act; and
κ2009 Statutes of Nevada, Page 697 (CHAPTER 189, SB 169)κ
6. A difference among managers is decided by a majority of the managers.
Sec. 30. 1. A manager owes to the unincorporated nonprofit association and to its members the fiduciary duties of loyalty and care.
2. A manager shall manage the unincorporated nonprofit association in good faith, in a manner the manager reasonably believes to be in the best interests of the association, and with such care, including reasonable inquiry, as a prudent person would reasonably exercise in a similar position and under similar circumstances. A manager may rely in good faith upon any opinion, report, statement or other information provided by another person that the manager reasonably believes is a competent and reliable source for the information.
3. After full disclosure of all material facts, a specific act or transaction that would otherwise violate the duty of loyalty by a manager may be authorized or ratified by a majority of the members that are not interested directly or indirectly in the act or transaction.
4. A manager that makes a business judgment in good faith satisfies the duties specified in subsection 1 if the manager:
(a) Is not interested, directly or indirectly, in the subject of the business judgment and is otherwise able to exercise independent judgment;
(b) Is informed with respect to the subject of the business judgment to the extent the manager reasonably believes to be appropriate under the circumstances; and
(c) Believes that the business judgment is in the best interests of the unincorporated nonprofit association and in accordance with its purposes.
5. The governing principles in a record may limit or eliminate the liability of a manager to the unincorporated nonprofit association or its members for damages for any action taken, or for failure to take any action, as a manager, except liability for:
(a) The amount of financial benefit improperly received by a manager;
(b) An intentional infliction of harm on the association or one or more of its members;
(c) An intentional violation of criminal law;
(d) Breach of the duty of loyalty; or
(e) Improper distributions.
Sec. 31. Notice and quorum requirements for meetings of managers and the conduct of meetings of managers are determined by the governing principles.
Sec. 32. 1. On reasonable notice, a member or manager of an unincorporated nonprofit association may inspect and copy during the regular operating hours of the unincorporated nonprofit association, at a reasonable location specified by the association, any record maintained by the association regarding its activities, financial condition and other circumstances, to the extent the information is material to the members or managers rights and duties under the governing principles.
2. An unincorporated nonprofit association may impose reasonable restrictions on access to and use of information to be furnished under this section, including designating the information confidential and imposing obligations of nondisclosure and safeguarding on the recipient.
3. An unincorporated nonprofit association may charge a person that makes a demand under this section reasonable copying costs, limited to the costs of labor and materials.
κ2009 Statutes of Nevada, Page 698 (CHAPTER 189, SB 169)κ
4. A former member or manager is entitled to information to which the member or manager was entitled while a member or manager if the information pertains to the period during which the person was a member or manager, the former member or manager seeks the information in good faith and the former member or manager satisfies subsections 1, 2 and 3.
Sec. 33. 1. Except as otherwise provided in subsection 2, an unincorporated nonprofit association may not pay dividends or make distributions to a member or manager.
2. An unincorporated nonprofit association may:
(a) Pay reasonable compensation or reimburse reasonable expenses to a member or manager for services rendered;
(b) Confer benefits on a member or manager in conformity with its nonprofit purposes;
(c) Repurchase a membership and repay a capital contribution made by a member to the extent authorized by its governing principles; or
(d) Make distributions of property to members upon winding up and termination to the extent permitted by section 36 of this act.
Sec. 34. 1. Except as otherwise provided in the governing principles, an unincorporated nonprofit association shall reimburse a member or manager for authorized expenses reasonably incurred in the course of the members or managers activities on behalf of the association.
2. An unincorporated nonprofit association may indemnify a member or manager for any debt, obligation or other liability incurred in the course of the members or managers activities on behalf of the association if the member or manager seeking indemnification has complied with sections 25 and 30 of this act. Governing principles in a record may broaden or limit indemnification.
3. If a person is made or threatened to be made a party in an action based on that persons activities on behalf of an unincorporated nonprofit association and the person makes a request in a record to the association, a majority of the disinterested managers may approve in a record advance payment or reimbursement by the association of all or a part of the reasonable expenses, including attorneys fees and costs, incurred by the person before the final disposition of the proceeding. To be entitled to an advance payment or reimbursement, the person must state in a record that the person has a good faith belief that the criteria for indemnification in subsection 2 have been satisfied and that the person will repay the amounts advanced or reimbursed if the criteria for payment have not been satisfied. The governing principles in a record may broaden or limit the advance payments or reimbursements.
4. An unincorporated nonprofit association may purchase insurance on behalf of a member or manager for liability asserted against or incurred by the member or manager in the capacity of a member or manager, whether or not the association has authority under the provisions of sections 2 to 40, inclusive, of this act to reimburse, indemnify or advance expenses to the member or manager against the liability.
5. The rights of reimbursement, indemnification and advancement of expenses under this section apply to a former member or manager for an activity undertaken on behalf of the unincorporated nonprofit association while a member or manager.
κ2009 Statutes of Nevada, Page 699 (CHAPTER 189, SB 169)κ
Sec. 35. 1. An unincorporated nonprofit association may be dissolved as follows:
(a) If the governing principles provide a time or method for dissolution, at that time or by that method;
(b) If the governing principles do not provide a time or method for dissolution, upon approval by the members;
(c) If no member can be located and the associations operations have been discontinued for at least 3 years, by the managers or, if the association has no current manager, by its last manager;
(d) By court order; or
(e) Under law other than sections 2 to 40, inclusive, of this act.
2. After dissolution, an unincorporated nonprofit association continues in existence until its activities have been wound up and it is terminated pursuant to section 36 of this act.
Sec. 36. Winding up and termination of an unincorporated nonprofit association must proceed in accordance with the following rules:
1. All known debts and liabilities must be paid or adequately provided for.
2. Any property subject to a condition requiring return to the person designated by the donor must be transferred to that person.
3. Any property subject to a trust must be distributed in accordance with the trust agreement.
4. Any remaining property must be distributed as follows:
(a) As required by law other than sections 2 to 40, inclusive, of this act that requires assets of an association to be distributed to another person with similar nonprofit purposes;
(b) In accordance with the associations governing principles or, in the absence of applicable governing principles, to the members of the association per capita or as the members direct; or
(c) If neither paragraph (a) nor (b) applies, pursuant to chapter 120A of NRS.
Sec. 37. 1. An unincorporated nonprofit association may merge with any organization that is authorized by law to merge with an unincorporated nonprofit association.
2. A merger involving an unincorporated nonprofit association is subject to the following rules:
(a) Each constituent organization shall comply with its governing law.
(b) Each party to the merger shall approve a plan of merger. The plan, which must be in a record, must include the following provisions:
(1) The name and form of each organization that is a party to the merger;
(2) The name and form of the surviving organization and, if the surviving organization is to be created by the merger, a statement to that effect;
(3) If the surviving organization is to be created by the merger, the surviving organizations organizational documents that are proposed to be in a record;
(4) If the surviving organization is not to be created by the merger, any amendments to be made by the merger to the surviving organizations organizational documents that are, or are proposed to be, in a record; and
(5) The terms and conditions of the merger, including the manner and basis for converting the interests in each constituent organization into any combination of money, interests in the surviving organization, and other consideration except that the plan of merger may not permit members of an unincorporated nonprofit association to receive merger consideration if a distribution of such consideration would not be permitted in the absence of a merger under sections 33 and 36 of this act.
κ2009 Statutes of Nevada, Page 700 (CHAPTER 189, SB 169)κ
any combination of money, interests in the surviving organization, and other consideration except that the plan of merger may not permit members of an unincorporated nonprofit association to receive merger consideration if a distribution of such consideration would not be permitted in the absence of a merger under sections 33 and 36 of this act.
(c) The plan of merger must be approved by the members of each unincorporated nonprofit association that is a constituent organization in the merger. If a plan of merger would impose personal liability for an obligation of a constituent or surviving organization on a member of an association that is a party to the merger, the plan may not take effect unless it is approved in a record by the member.
(d) Subject to the contractual rights of third parties, after a plan of merger is approved and at any time before the merger is effective, a constituent organization may amend the plan or abandon the merger as provided in the plan, or except as otherwise prohibited in the plan, with the same consent as was required to approve the plan.
(e) Following approval of the plan, a merger under this section is effective:
(1) If a constituent organization is required to give notice to or obtain the approval of a governmental agency or officer in order to be a party to a merger, when the notice has been given and the approval has been obtained; and
(2) If the surviving organization:
(I) Is an unincorporated nonprofit association, as specified in the plan of merger and upon compliance by any constituent organization that is not an association with any requirements, including any required filings in the Office of the Secretary of State, of the organizations governing statute; or
(II) Is not an unincorporated nonprofit association, as provided by the statutes governing the surviving organization.
3. When a merger becomes effective:
(a) The surviving organization continues or comes into existence;
(b) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;
(c) All property owned by each constituent organization that ceases to exist vests in the surviving organization;
(d) All debts, obligations or other liabilities of each nonsurviving organization continue as debts, obligations or other liabilities of the surviving organization;
(e) An action or proceeding pending by or against any nonsurviving organization may be continued as if the merger had not occurred;
(f) Except as prohibited by law other than sections 2 to 40, inclusive, of this act, all of the rights, privileges, immunities, powers and purposes of each constituent organization that ceases to exist vest in the surviving organization;
(g) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;
(h) The merger does not affect the personal liability, if any, of a member or manager of a constituent organization for a debt, obligation or other liability incurred before the merger is effective; and
(i) A surviving organization that is not organized in this State is subject to the jurisdiction of the courts of this State to enforce any debt, obligation or other liability owed by a constituent organization if, before the merger, the constituent organization was subject to suit in this State for the debt, obligation or other liability.
κ2009 Statutes of Nevada, Page 701 (CHAPTER 189, SB 169)κ
or other liability owed by a constituent organization if, before the merger, the constituent organization was subject to suit in this State for the debt, obligation or other liability.
4. Property held for a charitable purpose under the laws of this State by a constituent organization immediately before a merger under this section becomes effective may not, as a result of the merger, be diverted from the objects for which it was given, unless, to the extent required by or pursuant to the laws of this State concerning cy-pres or other law dealing with nondiversion of charitable assets, the organization obtains an appropriate order of the court specifying the disposition of the property.
5. A bequest, devise, gift, grant or promise contained in a will or other instrument of donation, subscription or conveyance that is made to a nonsurviving organization and that takes effect or remains payable after the merger inures to the surviving organization. A trust obligation that would govern property if transferred to the nonsurviving organization applies to property that is transferred to the surviving organization under this section.
6. As used in this section:
(a) Constituent organization means an organization that is merged with one or more other organizations, including the surviving organization.
(b) Nonsurviving organization means a constituent organization that is not the surviving organization.
(c) Organization means an unincorporated nonprofit association, a general partnership, including a limited-liability partnership, limited partnership, including a limited-liability limited partnership, limited-liability company, business or statutory trust, corporation, or any other legal or commercial entity having a statute governing its formation and operation. The term includes a for-profit or nonprofit organization.
(d) Surviving organization means an organization into which one or more other organizations are merged.
Sec. 38. 1. If, before October 1, 2009, an interest in property was, by terms of a transfer, purportedly transferred to an unincorporated nonprofit association, but under the laws of this State, the interest did not vest in the association, or in one or more persons on behalf of the association under subsection 2, on October 1, 2009, the interest vests in the association, unless the parties to the transfer have treated the transfer as ineffective.
2. If, before October 1, 2009, an interest in property was, by terms of a transfer, purportedly transferred to an unincorporated nonprofit association, but the interest was vested in one or more persons to hold the interest for members of the association, on or after October 1, 2009, the persons, or their successors in interest, may transfer the interest to the association in its name, or the association may require that the interest be transferred to it in its name.
Sec. 39. In applying and construing the provisions of sections 2 to 40, inclusive, of this 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. 40. The provisions of sections 2 to 40, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
κ2009 Statutes of Nevada, Page 702 (CHAPTER 189, SB 169)κ
limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
Sec. 41. The provisions of sections 2 to 40, inclusive, of this act do not affect an action or proceeding commenced or right accrued before October 1, 2009.
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Senate Bill No. 170Senator Amodei
CHAPTER 190
AN ACT relating to conduits; authorizing an entity that owns, operates or maintains a ditch to recover from certain persons the reasonable expense of any work performed by the entity that is necessary for the operation and maintenance of the ditch; providing for the imposition of a lien against any property to which water is delivered through the ditch; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Section 1 of this bill authorizes an entity that owns, operates or maintains a ditch to perform any work necessary for the maintenance and operation of the ditch and to recover the reasonable expense of that work from each person who, in accordance with a contract or a decreed, certified or permitted right to appropriate water, receives water through the ditch. If the work consists of a capital improvement that alters the fundamental character of the ditch, section 1 requires the entity to provide notice of the work at least 30 days before incurring any expenses for the work. Section 1 also specifies that any work performed for the maintenance and operation of the ditch includes, without limitation, labor and any accounting, legal or other administrative service performed for that maintenance and operation. Section 2 of this bill provides for the imposition of a lien against any property to which water is delivered through the ditch if a person who receives water through the ditch fails to pay his proportionate share of the expense of maintenance or operation. Section 3 of this bill provides that each person or entity constructing, operating or maintaining a ditch or flume has a right to the full flow of water through the ditch or flume, regardless of whether the water is for use by the person or entity or for delivery to others.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 536.040 is hereby amended to read as follows:
536.040 1. In all cases where [ditches are] a ditch is owned by two or more persons, and one or more of [such] those persons [shall fail] fails or [neglect] neglects to do a proportionate share of the work necessary for the [proper] maintenance and operation of [such] the ditch , [or ditches,] or to construct suitable headgates or other devices at the point where water is diverted from the main ditch, [such] the owner or owners desiring the performance of [such] the work may, after giving 10 days written notice to [such] the other owner or owners who have failed to perform [such] the proportionate share of the work necessary for the operation and maintenance of [such] the ditch , [or ditches,] perform [such] the share of the work, and recover therefor from [such] each person [or persons] in default the reasonable expense of [such] the work.
κ2009 Statutes of Nevada, Page 703 (CHAPTER 190, SB 170)κ
of [such] the ditch , [or ditches,] perform [such] the share of the work, and recover therefor from [such] each person [or persons] in default the reasonable expense of [such] the work. In all cases where a ditch is owned, operated or maintained by an entity, the entity may perform any work necessary for the maintenance and operation of the ditch and recover from each person who, in accordance with a contract or a decreed, certified or permitted right to appropriate water, receives water through the ditch his proportionate share of the reasonable expense of the work. Except during an emergency, the entity shall notify each of those persons at least 30 days before incurring any expenses to perform a capital improvement that alters the fundamental character of the ditch. If the entity is a supplier of water, any expenses incurred by the supplier of water for any work performed on an irrigation ditch pursuant to this section must be billed as part of the customer rates of the supplier of water for the delivery of water service through the ditch.
2. As used in this section:
(a) Supplier of water has the meaning ascribed to it in NRS 445A.845.
(b) Work includes, without limitation, labor and any accounting, legal or other administrative service performed for the maintenance and operation of a ditch specified in subsection 1.
Sec. 2. NRS 536.050 is hereby amended to read as follows:
536.050 Upon the failure of any co-owner or person who receives water through a ditch from an entity specified in NRS 536.040 to pay his proportionate share of such expense, as [mentioned] specified in [NRS 536.040,] that section, within 30 days after receiving a statement of the same as performed by his co-owner or co-owners [, such] or by the entity owning, operating or maintaining the ditch, each person or [persons] entity so performing [such] the labor or other work may secure payment of [such] the claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor or other work so performed, with the county clerk of the county wherein the ditch is situated, and when so filed it [shall constitute] constitutes a valid lien against the interest of [such] each person [or persons] in default [, which] and against any property to which water is delivered through the ditch. The lien may be established and enforced in the same manner as provided by law for the enforcement of mechanics liens.
Sec. 3. NRS 536.080 is hereby amended to read as follows:
536.080 [The] Each person or [persons] entity constructing , operating or maintaining a ditch or flume under the provisions of NRS 536.060 to 536.090, inclusive, [shall have] has the undisturbed right and privilege of flowing water through the same, to the full extent of its capacity, for mining, milling, manufacturing, agricultural and other domestic purposes, whether for use by the person or entity or for delivery to others, and to use the same at any necessary and convenient point or points along the line thereof , [;] but nothing contained in NRS 536.060 to 536.090, inclusive, shall be so construed as to interfere with any prior or existing claim or right.
Sec. 4. This act becomes effective on July 1, 2009.
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κ2009 Statutes of Nevada, Page 704κ
Senate Bill No. 174Senator McGinness
CHAPTER 191
AN ACT relating to public employees retirement; exempting certain retired public employees who are serving with volunteer fire departments which are participating in the Public Employees Retirement System from the prohibition on simultaneously receiving retirement benefits; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Under existing law, a volunteer fire department may choose, by the joint application of a majority of its members, to participate in the Public Employees Retirement System. If a volunteer fire department chooses to participate in the System, all members of the department automatically become participants in the System. (NRS 286.367)
Also under existing law, with certain limited exceptions, a retired public employee who would otherwise be receiving retirement benefits from the System but who accepts employment or an independent contract with a public employer is disqualified from receiving retirement benefits from the System if that employment or contract is in a position that is eligible for the System. (NRS 286.520) Such positions include volunteer firefighters.
This bill exempts volunteers of a fire department from the preceding disqualification so that a retired public employee may volunteer with a fire department while continuing to receive retirement benefits from the System.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in this section and NRS 286.525, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment or an independent contract with a public employer under this System is disqualified from receiving any allowances under this System for the duration of that employment or contract if:
(1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in this System.
(b) If a retired employee accepts employment or an independent contract with a public employer under this System more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this System, his allowance under this System terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this System, the employee is entitled to the same allowances as a retired employee who has no employment.
κ2009 Statutes of Nevada, Page 705 (CHAPTER 191, SB 174)κ
2. The retired employee and the public employer shall notify the System:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a) of subsection 1.
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b) of subsection 1.
(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year from an employment or contract governed by paragraph (b) of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firefighters must be computed on the basis of the most recent actuarial valuation of the System.
4. If a retired employee who accepts employment or an independent contract with a public employer under this System pursuant to this section elects not to reenroll in the System pursuant to subsection 1 of NRS 286.525, the public employer with which the retired employee accepted employment or an independent contract may pay contributions on behalf of the retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who is employed in a similar position.
5. If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who serves in the same office.
6. The System may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
7. A person who accepts employment or an independent contract with either house of the Legislature or by the Legislative Counsel Bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.
8. A person who accepts employment with a volunteer fire department of which all the volunteers have become members of the System pursuant to NRS 286.367 is exempt from the provisions of subsections 1 and 2 for the duration of that employment.
Sec. 2. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 706κ
Senate Bill No. 209Senator Lee
CHAPTER 192
AN ACT relating to education; revising provisions governing the Governor Guinn Millennium Scholarship Program; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Existing law creates the Governor Guinn Millennium Scholarship Program and prescribes the eligibility requirements for the Millennium Scholarship, including a requirement that a student must have graduated from a public or private high school in this State not more than 6 years before he applies for the Millennium Scholarship. Existing law also authorizes the Board of Regents of the University of Nevada to establish criteria with respect to certain students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications for the Millennium Scholarship. (NRS 396.926, 396.930) This bill requires the Board of Regents to establish criteria with respect to students who actively served or participated in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications for the Millennium Scholarship. The criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise satisfy the eligibility criteria to the extent that money is available after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.930 is hereby amended to read as follows:
396.930 1. Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a Millennium Scholarship if he:
(a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before he applies for the Millennium Scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:
(1) After May 1, 2000, but not later than May 1, 2003; or
(2) After May 1, 2003, and, except as otherwise provided in [paragraph (c)] paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before he applies for the Millennium Scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;
(2) Received his high school diploma within 4 years after he was regularly scheduled to graduate; and
(3) Applies for the Millennium Scholarship not more than 6 years after he was regularly scheduled to graduate from high school;
(d) Maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:
κ2009 Statutes of Nevada, Page 707 (CHAPTER 192, SB 209)κ
(1) A 3.00 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2003 or 2004;
(2) A 3.10 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2005 or 2006; or
(3) A 3.25 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and
(e) Is enrolled in at least:
(1) Six semester credit hours in a community college within the System; or
(2) Twelve semester credit hours in another eligible institution.
2. The Board of Regents:
(a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.
(b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.
(c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.
(d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
(1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.
(2) The minimum number of credits prescribed in paragraph (e) of subsection 1.
(e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 3.
(f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.
3. Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:
κ2009 Statutes of Nevada, Page 708 (CHAPTER 192, SB 209)κ
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
Κ to be eligible for Millennium Scholarships.
4. In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.
5. The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring his eligibility for a Millennium Scholarship pursuant to the requirements of this section. The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize his immigration status or will file an application to legalize his immigration status as soon as he is eligible to do so.
Sec. 2. This act becomes effective on July 1, 2009.
________
Senate Bill No. 215Senator Rhoads
Joint Sponsor: Assemblyman Carpenter
CHAPTER 193
AN ACT relating to state financial administration; extending the date for the reversion of money transferred to provide historical interpretive signs for the California Trail Wayside Sites to be located in eight northern Nevada counties of this State; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 454, Statutes of Nevada 2005, at page 2089, is hereby amended to read as follows:
Sec. 7. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2006, without depleting the funds necessary for day-to-day operations, transfer $300,000 from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Division of State Parks of the State Department of Conservation and Natural Resources to provide for and display historical interpretive signs for the California Trail Wayside Sites to be located in eight northern Nevada counties of this State.
κ2009 Statutes of Nevada, Page 709 (CHAPTER 193, SB 215)κ
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after [June 30,] December 31, 2009, and must be reverted to the Fund for the Promotion of Tourism on or before [September 18, 2009.] September 17, 2010.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 217Senator Coffin
CHAPTER 194
AN ACT relating to the Department of Motor Vehicles; providing that certain applicants for drivers licenses, instruction permits, identification cards and commercial drivers licenses may authorize the Department of Motor Vehicles to forward to the Selective Service System personal information necessary for registration with the System; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Under existing law, the Department of Motor Vehicles is prohibited from releasing personal information from a file or record relating to a drivers license or identification card except under certain circumstances. (NRS 481.063) Existing federal law requires every male citizen of the United States and every other male residing in the United States who is at least 18 years of age but less than 26 years of age to register with the Selective Service System. (50 U.S.C. App. § 453) Sections 3-5 of this bill require the Department of Motor Vehicles to forward to the Selective Service System the personal information necessary for registration with the Selective Service System of any applicant for a drivers license, instruction permit, restricted license, special restricted license, identification card or commercial drivers license, or for a duplicate or substitute of such a license or permit, or for the renewal or reinstatement of such a license or permit, who is required to register with the Selective Service System and who indicates by checking a box on the application that he wishes the Department to forward such information. This bill also requires the Department of Motor Vehicles to include on the application for any such license or permit a notice that registration with the Selective Service System in compliance with federal law maintains the eligibility of the applicant for various federal benefits.
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 drivers 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.
κ2009 Statutes of Nevada, Page 710 (CHAPTER 194, SB 217)κ
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 defenders 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, 253.044 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.
Κ 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 sections 3, 4 and 5 of this act, the Director shall not release any personal information from a file or record relating to a drivers 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 drivers 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 drivers 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.
κ2009 Statutes of Nevada, Page 711 (CHAPTER 194, SB 217)κ
(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 drivers license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrolman 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, 253.044 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:
κ2009 Statutes of Nevada, Page 712 (CHAPTER 194, SB 217)κ
(a) Each person to whom the information is provided; and
(b) The purpose for which that person will use the information.
Κ 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 he reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons 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 database created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that database.
9. The Director shall adopt such regulations as he 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 his ability to request information electronically or by written request if he has submitted to the Department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:
(a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be obtained and the limited uses which are permitted;
(b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) That he understands that a record will be maintained by the Department of any information he requests; and
(d) That he 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 information means information that reveals the identity of a person, including, without limitation, his photograph, social security number, drivers 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 full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.
Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. 1. When applying for a drivers license, an instruction permit, a restricted license or a special restricted license or for a duplicate or the renewal or reinstatement of such a license or permit, a male applicant who is:
(a) A citizen of the United States or an immigrant; and
(b) At least 18 years of age but less than 26 years of age,
κ2009 Statutes of Nevada, Page 713 (CHAPTER 194, SB 217)κ
Κ may authorize the Department to register him with the Selective Service System in compliance with section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.
2. An application for a drivers license, an instruction permit, a restricted license or a special restricted license or for a duplicate or substitute or the renewal or reinstatement of such a license or permit must include a box which may be checked by an applicant described in subsection 1 to authorize the Department to submit the necessary personal information to the Selective Service System to register the applicant in compliance with federal law. The application must also inform the applicant that by registering with the Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.
3. If an applicant indicates on his application that he wishes the Department to forward the necessary personal information to the Selective Service System, the Department shall forward that information to the Selective Service System in an electronic format.
Sec. 4. 1. When applying for an identification card or for a duplicate or the renewal of such a card, a male applicant who is:
(a) A citizen of the United States or an immigrant; and
(b) At least 18 years of age but less than 26 years of age,
Κ may authorize the Department to register him with the Selective Service System in compliance with section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.
2. An application for an identification card or for a duplicate or the renewal of such a card must include a box which may be checked by an applicant described in subsection 1 to authorize the Department to submit the necessary personal information to the Selective Service System to register the applicant in compliance with federal law. The application must also inform the applicant that by registering with the Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.
3. If an applicant indicates on his application that he wishes the Department to forward the necessary personal information to the Selective Service System, the Department shall forward that information to the Selective Service System in an electronic format.
Sec. 5. 1. When applying for a commercial drivers license or for a duplicate or the renewal or reinstatement of such a license, a male applicant who is:
(a) A citizen of the United States or an immigrant; and
(b) At least 18 years of age but less than 26 years of age,
Κ may authorize the Department to register him with the Selective Service System in compliance with section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.
2. An application for a commercial drivers license or for a duplicate or the renewal or reinstatement of such a license must include a box which may be checked by an applicant described in subsection 1 to authorize the Department to submit the necessary personal information to the Selective Service System to register the applicant in compliance with federal law. The application must also inform the applicant that by registering with the Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.
κ2009 Statutes of Nevada, Page 714 (CHAPTER 194, SB 217)κ
Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.
3. If an applicant indicates on his application that he wishes the Department to forward the necessary personal information to the Selective Service System, the Department shall forward that information to the Selective Service System in an electronic format.
Sec. 6. NRS 483.015 is hereby amended to read as follows:
483.015 Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 3 of this act apply only with respect to noncommercial drivers licenses.
Sec. 7. NRS 483.020 is hereby amended to read as follows:
483.020 As used in NRS 483.010 to 483.630, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 483.820 is hereby amended to read as follows:
483.820 1. A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and section 4 of this act and who is not ineligible to receive an identification card pursuant to NRS 483.861, is entitled to receive an identification card if he is:
(a) A resident of this State and is 10 years of age or older and does not hold a valid drivers license or identification card from any state or jurisdiction; or
(b) A seasonal resident who does not hold a valid Nevada drivers license.
2. Except as otherwise provided in NRS 483.825, the Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:
An original or duplicate identification card issued to a person 65 years of age or older $4
An original or duplicate identification card issued to a person under 18 years of age 3
A renewal of an identification card for a person under 18 years of age 3
An original or duplicate identification card issued to any other person 9
A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age 9
A new photograph or change of name, or both................................... 4
3. The Department shall not charge a fee for:
(a) An identification card issued to a person who has voluntarily surrendered his drivers license pursuant to NRS 483.420; or
(b) A renewal of an identification card for a person 65 years of age or older.
4. Except as otherwise provided in NRS 483.825, the increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
κ2009 Statutes of Nevada, Page 715 (CHAPTER 194, SB 217)κ
5. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
Sec. 9. NRS 483.902 is hereby amended to read as follows:
483.902 The provisions of NRS 483.900 to 483.940, inclusive, and section 5 of this act apply only with respect to commercial drivers licenses.
Sec. 10. NRS 483.904 is hereby amended to read as follows:
483.904 As used in NRS 483.900 to 483.940, inclusive, and section 5 of this act, unless the context otherwise requires:
1. Commercial drivers license means a license issued to a person which authorizes him to drive a class or type of commercial motor vehicle.
2. Commercial Drivers License Information System means the information system maintained by the Secretary of Transportation pursuant to 49 U.S.C. § 31309 to serve as a clearinghouse for locating information relating to the licensing, identification and disqualification of operators of commercial motor vehicles.
3. Out-of-service order means a temporary prohibition against driving a commercial motor vehicle.
Sec. 11. The Department shall take all action necessary to ensure that the application form it uses for each license, permit and identification card described in sections 3, 4 and 5 of this act complies with the requirements of those sections on and after July 1, 2010.
Sec. 12. 1. This section and section 11 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, of this act become effective on July 1, 2010.
________
κ2009 Statutes of Nevada, Page 716κ
Senate Bill No. 207Committee on Commerce and Labor
CHAPTER 195
AN ACT relating to public accommodations; revising provisions relating to unlawful discrimination based on sexual orientation in places of public accommodation; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Under existing law, Nevada has declared as its public policy the right of all people to have access to places of public accommodation without discrimination based on race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry. (NRS 233.010) Existing law makes it unlawful for places of public accommodation to discriminate against a person based on race, color, religion, national origin or disability. (NRS 651.070) Section 2 of this bill provides the same protection from discrimination based on sexual orientation in places of public accommodation.
Existing law authorizes the Nevada Equal Rights Commission to investigate cases of discrimination in places of public accommodation and authorizes a person who believes he has been discriminated against based on race, color, religion, national origin or disability to file a complaint with the Commission. (NRS 233.150, 651.110) Section 3 of this bill authorizes a person who believes he has been discriminated against based on sexual orientation to file a complaint with the Commission.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 651.050 is hereby amended to read as follows:
651.050 As used in NRS 651.050 to 651.110, inclusive, unless the context otherwise requires:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Place of public accommodation means:
(a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as his residence;
(b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;
(c) Any gasoline station;
(d) Any motion picture house, theater, concert hall, sports arena or other place of exhibition or entertainment;
(e) Any auditorium, convention center, lecture hall, stadium or other place of public gathering;