[Rev. 2/6/2019 2:07:43 PM]
κ2011 Statutes of Nevada, Page 2499κ
Senate Bill No. 449Committee on Finance
CHAPTER 397
[Approved: June 15, 2011]
AN ACT relating to the Nevada System of Higher Education; authorizing the Board of Regents of the University of Nevada to fix tuition charges and assess registration fees and other fees based on the demand for or the costs of providing the academic program or major for which the tuition charges are fixed or the registration fees are assessed; requiring the Board of Regents to establish a program authorizing scholarships and reduced fees for students who are economically disadvantaged under certain circumstances; requiring the Board of Regents to make certain reports to the Legislature; requiring the Director of the Department of Employment, Training and Rehabilitation to provide certain information on employment and wages to the Board of Regents for purposes of the report made by the Board of Regents; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of Regents of the University of Nevada to fix tuition charges for students at all campuses of the Nevada System of Higher Education. The tuition charges are in addition to any registration fees or other fees assessed against a student. (NRS 396.540) Section 2 of this bill authorizes the Board of Regents, in fixing tuition charges and assessing registration fees and other fees, to adjust the amount of the tuition charges and registration and other fees based on the demand for or the costs of carrying out the academic program or major for which the tuition charges or registration or other fees are assessed. The adjustment may be based on factors such as the cost of professional instruction, the cost of laboratory resources and ancillary costs. Section 2 also provides that if the Board of Regents adjusts the amount of tuition charges, registration fees or other fees based on the demand for or the cost of an academic program or major, the Board is required to establish a program to authorize scholarships and reduced fees for students who are economically disadvantaged and who are enrolled in academic programs or majors which are more costly as a result of the adjustments authorized by this bill. Finally, section 2 requires the Board of Regents to submit an annual report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission if the Legislature is not in session, which identifies the demand for and the costs of each academic program and major and includes a schedule of all tuition charges, registration fees and other fees assessed for each academic program and major.
Section 3 of this bill requires the Board of Regents to submit a biennial report to the Legislature including certain information on: (1) the number and percentage of students who complete academic programs at an institution within the System with a degree or certificate and a comparison with national statistics; (2) initiatives undertaken by the Board of Regents to increase the rate of students who complete academic programs with a degree or certificate; (3) the employment rate of students who complete a degree or certificate program and obtain employment in this State and the average starting salary; and (4) initiatives undertaken by the Board of Regents to align the degree and certificate programs offered by institutions within the System with the economic development goals identified by the Commission on Economic Development.
κ2011 Statutes of Nevada, Page 2500 (CHAPTER 397, SB 449)κ
Existing law creates the Department of Employment, Training and Rehabilitation, provides for a Director of the Department and imposes certain duties on the Director. (NRS 232.910, 232.920) Section 3.5 of this bill requires the Director to provide certain employment and wage information to the Board of Regents for purposes of the report required of the Board of Regents by section 3 of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In fixing a tuition charge for students at any campus of the System as provided by NRS 396.540 and in setting the amount of registration fees and other fees which are assessed against students, the Board of Regents may provide for the adjustment of the amount of the tuition charge or registration fee or other fee based on the demand for or the costs of carrying out the academic program or major for which the tuition charge, registration fee or other fee is assessed, including, without limitation, the costs of professional instruction, laboratory resources and other ancillary support.
2. If the Board of Regents provides for the adjustment of tuition charges, registration fees or other fees in the manner authorized by subsection 1, the Board of Regents shall establish a program to authorize scholarships and reduced fees for students who are economically disadvantaged and who are enrolled in academic programs or majors for which the adjustment of tuition charges, registration fees or other fees in the manner authorized by subsection 1 results in an increase in the costs of enrollment in such programs or majors.
3. If the Board of Regents provides for the adjustment of tuition charges, registration fees or other fees in the manner authorized by subsection 1, the Board of Regents shall, on or before February 1 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission if the Legislature is not in session, which must, without limitation:
(a) Identify the demand for each academic program and major;
(b) Identify the costs of providing each academic program and major; and
(c) Include a schedule of all tuition charges, registration fees and other fees assessed for each academic program and major.
4. As used in this section, tuition charge has the meaning ascribed to it in NRS 396.540.
Sec. 3. The Board of Regents shall, on or before February 1 of each odd-numbered year submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature which includes:
1. By institution within the System and by each academic program at the institution:
(a) The number of students who enter the academic program;
(b) The percentage of students who complete the academic program; and
κ2011 Statutes of Nevada, Page 2501 (CHAPTER 397, SB 449)κ
(c) The average length of time for completion of the academic program to obtain a degree or certificate.
2. A comparison of the data which is reported pursuant to subsection 1 with available national metrics measuring how states throughout the country rank in the completion of academic programs leading to a degree or certificate and the average time for completion of those programs.
3. Initiatives undertaken by the Board of Regents to increase the rate of students who complete degree and certificate programs, including initiatives to shorten the time to complete those programs.
4. The number and percentage of students who have obtained employment within their field of study in this State, and the average starting salary, which must be reported by institution within the System and by each academic program at the institution. The data must be:
(a) Matched with industries identified in state economic development goals to determine whether students who graduated and obtained a degree or certificate are finding employment in those industries in this State; and
(b) Based upon the employment and wage information provided by the Director of the Department of Employment, Training and Rehabilitation pursuant to NRS 232.920.
5. Initiatives undertaken by the Board of Regents to align the degree and certificate programs offered by the institutions within the System with the economic development goals identified by the Commission on Economic Development.
Sec. 3.5. NRS 232.920 is hereby amended to read as follows:
232.920 The Director:
1. Shall:
(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities; [and]
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law [.] ; and
(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of section 3 of this act.
2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 426.010 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
Sec. 4. This act becomes effective on July 1, 2011.
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κ2011 Statutes of Nevada, Page 2502κ
Senate Bill No. 452Committee on Finance
CHAPTER 398
[Approved: June 15, 2011]
AN ACT relating to public welfare; eliminating the requirement that the Director of the Department of Health and Human Services apply for a Medicaid waiver pursuant to the Health Insurance Flexibility and Accountability demonstration initiative; requiring the transfer of certain money that is set aside for the costs of carrying out the program established pursuant to the waiver; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Director of the Department of Health and Human Services is required to apply to the Federal Government for a Medicaid waiver pursuant to the Health Insurance Flexibility and Accountability demonstration initiative or any succeeding program. The waiver provides limited health care benefits through Medicaid and the Childrens Health Insurance Program to certain persons who are otherwise ineligible for Medicaid. (NRS 422.2726-422.2729) Sections 1-4 of this bill eliminate the requirement for the waiver as of November 30, 2011, and revise appropriate statutory provisions to remove references to the waiver. Section 5 of this bill provides a limitation on the period in which claims against the Health Insurance Flexibility and Accountability Holding Account may be submitted and provides for the transfer of money in the Account to the State General Fund and the Fund for Hospital Care for Indigent Persons in equal amounts.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.240 is hereby amended to read as follows:
422.240 1. Money to carry out the provisions of this chapter, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must, except as otherwise provided in NRS [422.2726 to 422.2729, inclusive,] 422.3755 to 422.379, inclusive, and 439.630, be provided by appropriation by the Legislature from the State General Fund.
2. Disbursements for the purposes of this chapter must, except as otherwise provided in NRS [422.2726 to 422.2729, inclusive,] 422.3755 to 422.379, inclusive, and 439.630, be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.
Sec. 2. NRS 428.275 is hereby amended to read as follows:
428.275 1. The board of county commissioners of a county shall before July 1, 1985, by ordinance, create in the county treasury a fund to be designated as the fund for medical assistance to indigent persons.
2. The money in the fund must be used in the manner set forth in NRS 428.295 . [and to fund, in part, the waiver obtained pursuant to NRS 422.2726 and any program established pursuant to NRS 422.2728.]
κ2011 Statutes of Nevada, Page 2503 (CHAPTER 398, SB 452)κ
3. All money collected or recovered pursuant to this section and NRS 428.285, and the interest earned on the money in the fund must be deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board of county commissioners. Any money remaining in the fund at the end of any fiscal year does not revert to the county general fund.
Sec. 3. NRS 428.305 is hereby amended to read as follows:
428.305 1. The Supplemental Account for Medical Assistance to Indigent Persons is created in the Fund for Hospital Care to Indigent Persons. The interest earned on the money in the Supplemental Account must be deposited for credit to the Supplemental Account.
2. [Beginning with the fiscal year that begins on July 1, 2005, at the end of each quarter of a fiscal year, the balance in the Supplemental Account must be transferred to the Health Insurance Flexibility and Accountability Holding Account in the State General Fund in an amount not to exceed the amount of any appropriation provided by the Legislature to fund a program established pursuant to NRS 422.2728.
3.] Any money remaining in the [Health Insurance Flexibility and Accountability Holding] Supplemental Account at the end of each fiscal year reverts to the Fund for Hospital Care to Indigent Persons and to the State General Fund in equal amounts.
Sec. 4. NRS 422.2726, 422.2727, 422.2728 and 422.2729 are hereby repealed.
Sec. 5. 1. A person shall not provide services or care for reimbursement from a program carried out pursuant to a Medicaid waiver pursuant to the Health Insurance Flexibility and Accountability demonstration initiative on or after November 30, 2011.
2. Any claim against the Health Insurance Flexibility and Accountability Holding Account must be submitted to the Director of the Department of Health and Human Services or a designee of the Director on or before December 31, 2011.
3. Any money in the Health Insurance Flexibility and Accountability Holding Account on November 30, 2011, must not be committed for expenditure on or after January 31, 2012.
4. As soon as practicable on or after February 1, 2012, the State Controller shall transfer any money remaining in the Health Insurance Flexibility and Accountability Holding Account which is not committed for expenditure in equal amounts to the State General Fund and the Fund for Hospital Care for Indigent Persons.
Sec. 6. This act becomes effective on November 30, 2011.
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κ2011 Statutes of Nevada, Page 2504κ
Senate Bill No. 471Committee on Finance
CHAPTER 399
[Approved: June 15, 2011]
AN ACT relating to public health; requiring counties to pay an assessment to the Health Division of the Department of Health and Human Services for the cost of providing various services; authorizing a county to submit a proposal for the county to provide such services and receive an exemption from the assessment; revising the membership of a district board of health in certain counties; transferring the powers and duties of the Health Division regarding communicable diseases to a health authority in a county; authorizing the Health Division to impose administrative penalties for violations of certain provisions governing emergency medical services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires each county to pay an assessment to the Health Division of the Department of Health and Human Services for the costs of services provided in that county by the Health Division or the State Health Officer. A county is authorized to request an exemption from the assessment by submitting a proposal to the Governor for the county to carry out those services. If the Governor approves the proposal, the Interim Finance Committee must consider whether to approve the exemption. An exemption may not be effective until at least 6 months after the Interim Finance Committee gives its approval.
Existing law provides for a health district in a county whose population is 700,000 or more (currently Clark County). The health district consists of a district health officer and a district board of health which consists of representatives selected by various governmental entities and selected by those representatives. (NRS 439.362) Section 1.5 of this bill adds one representative of the association of gaming establishments who meets certain requirements and is selected from a list of nominees submitted by the association. If no such association exists, the representative selected must represent the gaming industry.
Sections 4-20 of this bill transfer the powers and duties concerning control, prevention, treatment and cure of communicable diseases, including, without limitation, sexually transmitted diseases and tuberculosis, from the Health Division to the health authority. Under existing law, the term health authority is defined for the purposes of certain provisions governing infectious diseases to mean the district health officer or his or her designee in those counties that have a district health officer or the State Health Officer or his or her designee in those counties that do not have a district health officer. (NRS 441A.050) If the State Health Officer or his or her designee performs any such duties for a county, the county must pay the Health Division an assessment for the cost of such services as required by section 1 of this bill.
Sections 23 and 24 of this bill: (1) authorize the Health Division to impose an administrative penalty against any person who violates certain provisions governing emergency medical services; and (2) restrict the use of certain money received by the Health Division, including money from such administrative fines, for a training program for emergency medical services personnel.
κ2011 Statutes of Nevada, Page 2505 (CHAPTER 399, SB 471)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless an exemption is approved pursuant to subsection 3, each county shall pay an assessment to the Health Division, in an amount determined by the Health Division, for the costs of services provided in that county by the Health Division or by the State Health Officer, including, without limitation, services provided pursuant to this chapter and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant to those chapters, regardless of whether the county has a local health authority.
2. Each county shall pay the assessment to the Health Division in quarterly installments that are due on the first day of the first month of each calendar quarter.
3. A county may submit a proposal to the Governor for the county to carry out the services that would otherwise be provided by the Health Division or the State Health Officer pursuant to this chapter and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant to those chapters. If the Governor approves the proposal, the Governor shall submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by each county.
4. An exemption that is approved by the Interim Finance Committee pursuant to subsection 3 must not become effective until at least 6 months after that approval.
5. A county that receives approval pursuant to subsection 3 to carry out the services that would otherwise be provided by the Health Division or the State Health Officer pursuant to this chapter and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant to those chapters shall carry out those services in the manner set forth in those chapters and regulations.
6. The Health Division may adopt such regulations as necessary to carry out the provisions of this section.
Sec. 1.5. NRS 439.362 is hereby amended to read as follows:
439.362 1. A health district with a health department consisting of a district health officer and a district board of health is hereby created.
2. The district board of health consists of:
(a) Representatives selected by the following entities from among their elected members:
(1) Two representatives of the board of county commissioners;
(2) Two representatives of the governing body of the largest incorporated city in the county; and
κ2011 Statutes of Nevada, Page 2506 (CHAPTER 399, SB 471)κ
(3) One representative of the governing body of each other city in the county; and
(b) The following representatives, selected by the elected representatives of the district board of health selected pursuant to paragraph (a), who shall represent the health district at large and who must be selected based on their qualifications without regard to the location within the health district of their residence or their place of employment:
(1) Two representatives who are physicians licensed to practice medicine in this State, one of whom is selected on the basis of his or her education, training, experience or demonstrated abilities in the provision of health care services to members of minority groups and other medically underserved populations;
(2) One representative who is a nurse licensed to practice nursing in this State;
(3) One representative who has a background or expertise in environmental health or environmental health services; [and]
(4) One representative of a nongaming business or from an industry that is subject to regulation by the health district [.] ; and
(5) One representative of the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year, who must be selected from a list of nominees submitted by the association. If no such association exists, the representative selected pursuant to this subparagraph must represent the gaming industry.
3. Members of the district board of health serve terms of 2 years. Vacancies must be filled in the same manner as the original selection for the remainder of the unexpired term. Members serve without additional compensation for their services, but are entitled to reimbursement for necessary expenses for attending meetings or otherwise engaging in the business of the board.
4. The district board of health shall meet in July of each year to organize and elect one of its members as chair of the board.
5. The county treasurer is the treasurer of the district board of health. The treasurer shall:
(a) Keep permanent accounts of all money received by, disbursed for and on behalf of the district board of health; and
(b) Administer the health district fund created by the board of county commissioners pursuant to NRS 439.363.
6. The district board of health shall maintain records of all of its proceedings and minutes of all meetings, which must be open to inspection.
7. No county, city or town board of health may be created in the county. Any county, city or town board of health in existence when the district board of health is created must be abolished.
Sec. 2. NRS 441A.120 is hereby amended to read as follows:
441A.120 1. The Board shall adopt regulations governing the control of communicable diseases in this State, including regulations specifically relating to the control of such diseases in educational, medical and correctional institutions. The regulations must specify:
[1.] (a) The diseases which are known to be communicable.
[2.] (b) The communicable diseases which are known to be sexually transmitted.
κ2011 Statutes of Nevada, Page 2507 (CHAPTER 399, SB 471)κ
[3.] (c) The procedures for investigating and reporting cases or suspected cases of communicable diseases, including the time within which these actions must be taken.
[4.] (d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons who have been exposed to or have or are suspected of having the disease.
[5.] (e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.
2. The duties set forth in the regulations adopted by the Board pursuant to this section must be performed by:
(a) In a district in which there is a district health officer, the district health officer or the district health officers designee; or
(b) In any other area of the State, the State Health Officer or the State Health Officers designee.
Sec. 3. NRS 441A.160 is hereby amended to read as follows:
441A.160 1. A health authority who knows, suspects or is informed of the existence within the jurisdiction of the health authority of any communicable disease shall immediately investigate the matter and all circumstances connected with it, and shall take such measures for the prevention, suppression and control of the disease as are required by the regulations of the Board or a local board of health.
2. A health authority may:
(a) Enter private property at reasonable hours to investigate any case or suspected case of a communicable disease.
(b) Order any person whom the health authority reasonably suspects has a communicable disease in an infectious state to submit to any medical examination or test which the health authority believes is necessary to verify the presence of the disease. The order must be in writing and specify the name of the person to be examined and the time and place of the examination and testing, and may include such terms and conditions as the health authority believes are necessary to protect the public health.
(c) Except as otherwise provided in subsection 5 and NRS 441A.210, issue an order requiring the isolation, quarantine or treatment of any person or group of persons if the health authority believes that such action is necessary to protect the public health. The order must be in writing and specify the person or group of persons to be isolated or quarantined, the time during which the order is effective, the place of isolation or quarantine and other terms and conditions which the health authority believes are necessary to protect the public health, except that no isolation or quarantine may take place if the health authority determines that such action may endanger the life of a person who is isolated or quarantined.
3. Each order issued pursuant to this section must be served upon each person named in the order by delivering a copy to him or her.
4. If a health authority issues an order to isolate or quarantine a person with a communicable or infectious disease in a medical facility, the health authority must isolate or quarantine the person in the manner set forth in NRS [441A.500] 441A.510 to 441A.720, inclusive.
5. Except as otherwise provided in NRS 441A.310 and 441A.380, a health authority may not issue an order requiring the involuntary treatment of a person without a court order requiring the person to submit to treatment.
κ2011 Statutes of Nevada, Page 2508 (CHAPTER 399, SB 471)κ
Sec. 4. NRS 441A.240 is hereby amended to read as follows:
441A.240 1. The [Health Division] health authority shall control, prevent, treat and, whenever possible, ensure the cure of sexually transmitted diseases.
2. The [Health Division] health authority shall provide the materials and curriculum necessary to conduct the educational program provided for in NRS 209.385 and establish a program for the certification of persons qualified to provide instruction for the program.
Sec. 5. NRS 441A.250 is hereby amended to read as follows:
441A.250 The [Health Division] health authority may establish and provide financial or other support to such clinics and dispensaries as it believes are reasonably necessary for the prevention, control, treatment or cure of sexually transmitted diseases.
Sec. 6. NRS 441A.260 is hereby amended to read as follows:
441A.260 If a person in this state who has a sexually transmitted disease is, in the discretion of the [Health Division,] health authority, unable to afford approved treatment for the disease, the [Health Division] health authority may provide medical supplies or direct financial aid to any physician, clinic or dispensary in this state, within the limits of the available appropriations and any other resources, to be used in the persons treatment. A physician, clinic or dispensary that accepts supplies or aid pursuant to this section shall comply with all conditions prescribed by the Board relating to the use of the supplies or aid.
Sec. 7. NRS 441A.330 is hereby amended to read as follows:
441A.330 The [Health Division] health authority may establish such dispensaries, pharmacies or clinics for outpatient care as it believes are necessary for the care and treatment of persons who have acquired immune deficiency syndrome or a human immunodeficiency virus related disease, and provide those institutions with financial or other assistance. Dispensaries, pharmacies or clinics which accept financial or other assistance pursuant to this section shall comply with all conditions prescribed by the Board relating to the use of that assistance.
Sec. 8. NRS 441A.340 is hereby amended to read as follows:
441A.340 The [Health Division] health authority shall control, prevent the spread of, and ensure the treatment and cure of tuberculosis.
Sec. 9. NRS 441A.350 is hereby amended to read as follows:
441A.350 The [Health Division] health authority may establish such clinics as it believes are necessary for the prevention and control of, and for the treatment and cure of, persons who have tuberculosis and provide those clinics with financial or other assistance within the limits of the available appropriations and any other resources.
Sec. 10. NRS 441A.360 is hereby amended to read as follows:
441A.360 If a person in this state who has tuberculosis is, in the discretion of the [Health Division,] health authority, unable to afford approved treatment for the disease, the [Health Division] health authority may provide medical supplies or direct financial aid, within the limits of the available appropriations [,] and any other resources, to be used in the persons treatment, to any physician, clinic, dispensary or medical facility. A physician, clinic, dispensary or medical facility that accepts supplies or aid pursuant to this section shall comply with all conditions prescribed by the board relating to the use of the supplies or aid.
κ2011 Statutes of Nevada, Page 2509 (CHAPTER 399, SB 471)κ
Sec. 11. NRS 441A.370 is hereby amended to read as follows:
441A.370 1. The [Health Division] health authority shall, by contract with hospitals, clinics or other institutions in the State, provide for [the] :
(a) The diagnostic examination , including, without limitation, laboratory testing of [, and inpatient] persons who have tuberculosis; and
(b) Inpatient and outpatient care for [,] persons who have tuberculosis.
2. If adequate facilities for examination and care are not available in the State, the [Health Division] health authority may contract with hospitals, clinics or other institutions in other states which do have adequate facilities.
Sec. 12. NRS 441A.380 is hereby amended to read as follows:
441A.380 Except as otherwise provided in NRS 441A.210, a person who has tuberculosis and is confined to a hospital or other institution pursuant to the provisions of this chapter must be treated for tuberculosis and any related condition, and may be treated for any other condition which the [Health Division] health authority determines is detrimental to his or her health and the treatment of which is necessary for the effective control of tuberculosis.
Sec. 13. NRS 441A.390 is hereby amended to read as follows:
441A.390 The [Health Division] health authority may contract with any private physician to provide outpatient care in those rural areas of the State where, in its determination, patients can best be treated in that manner.
Sec. 14. NRS 441A.400 is hereby amended to read as follows:
441A.400 The [Health Division] health authority may inspect and must be given access to all records of every institution and clinic, both public and private, where patients who have tuberculosis are treated at public expense.
Sec. 15. NRS 441A.510 is hereby amended to read as follows:
441A.510 1. If a health authority isolates, quarantines or treats a person or group of persons infected with, exposed to, or reasonably believed by a health authority to have been infected with or exposed to a communicable disease, the authority must isolate, quarantine or treat the person or group of persons in the manner set forth in NRS [441A.500] 441A.510 to 441A.720, inclusive.
2. A health authority shall provide each person whom it isolates or quarantines pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive, with a document informing the person of his or her rights. The Board shall adopt regulations:
(a) Setting forth the rights of a person who is isolated or quarantined that must be included in the document provided pursuant to this subsection; and
(b) Specifying the time and manner in which the document must be provided pursuant to this subsection.
Sec. 16. NRS 441A.520 is hereby amended to read as follows:
441A.520 1. A person who is isolated or quarantined pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive, has the right:
(a) To make a reasonable number of completed telephone calls from the place where the person is isolated or quarantined as soon as reasonably possible after his or her isolation or quarantine; and
(b) To possess and use a cellular phone or any other similar means of communication to make and receive calls in the place where the person is isolated or quarantined.
2. If a person who is isolated or quarantined pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive, is unconscious or otherwise unable to communicate because of mental or physical incapacity, the health authority that isolated or quarantined the person must notify the spouse or legal guardian of the person by telephone and certified mail.
κ2011 Statutes of Nevada, Page 2510 (CHAPTER 399, SB 471)κ
unable to communicate because of mental or physical incapacity, the health authority that isolated or quarantined the person must notify the spouse or legal guardian of the person by telephone and certified mail. If a person described in this subsection is isolated or quarantined in a medical facility and the health authority did not provide the notice required by this subsection, the medical facility must provide the notice. If the case of a person described in this subsection is before a court and the health authority, and medical facility, if any, did not provide the notice required by this subsection, the court must provide the notice.
Sec. 17. NRS 441A.530 is hereby amended to read as follows:
441A.530 A person who is isolated or quarantined pursuant to NRS [441A500] 441A.510 to 441A.720, inclusive, has the right to refuse treatment and may not be required to submit to involuntary treatment unless a court issues an order requiring the person to submit to treatment.
Sec. 18. NRS 441A.550 is hereby amended to read as follows:
441A.550 1. Any person or group of persons alleged to have been infected with or exposed to a communicable disease may be detained in a public or private medical facility, a residence or other safe location under emergency isolation or quarantine for testing, examination, observation and the provision of or arrangement for the provision of consensual medical treatment in the manner set forth in NRS [441A.500] 441A.510 to 441A.720, inclusive, and subject to the provisions of subsection 2:
(a) Upon application to a health authority pursuant to NRS 441A.560;
(b) Upon order of a health authority; or
(c) Upon voluntary consent of the person, parent of a minor person or legal guardian of the person.
2. Except as otherwise provided in subsection 3, 4 or 5, a person voluntarily or involuntarily isolated or quarantined under subsection 1 must be released within 72 hours, including weekends and holidays, from the time of the admission of the person to a medical facility or isolation or quarantine in a residence or other safe location, unless within that period:
(a) The additional voluntary consent of the person, the parent of a minor person or a legal guardian of the person is obtained;
(b) A written petition for an involuntary court-ordered isolation or quarantine is filed with the clerk of the district court pursuant to NRS 441A.600, including, without limitation, the documents required pursuant to NRS 441A.610; or
(c) The status of the person is changed to a voluntary isolation or quarantine.
3. A person who is involuntarily isolated or quarantined under subsection 1 may, immediately after the person is isolated or quarantined, seek an injunction or other appropriate process in district court challenging his or her detention.
4. If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.
5. During a state of emergency or declaration of disaster regarding public health proclaimed by the Governor or the Legislature pursuant to NRS 414.070, a health authority may, before the expiration of the period of 72 hours set forth in subsection 2, petition, with affidavits supporting its request, a district court for an order finding that a reasonably foreseeable immediate threat to the health of the public requires the 72-hour period of time to be extended for no longer than the court deems necessary for available governmental resources to investigate, file and prosecute the relevant written petitions for involuntary court-ordered isolation or quarantine pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive.
κ2011 Statutes of Nevada, Page 2511 (CHAPTER 399, SB 471)κ
threat to the health of the public requires the 72-hour period of time to be extended for no longer than the court deems necessary for available governmental resources to investigate, file and prosecute the relevant written petitions for involuntary court-ordered isolation or quarantine pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive.
Sec. 19. NRS 441A.560 is hereby amended to read as follows:
441A.560 1. An application to a health authority for an order of emergency isolation or quarantine of a person or a group of persons alleged to have been infected with or exposed to a communicable disease may only be made by another health authority, a physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a registered nurse or a medical facility by submitting the certificate required by NRS 441A.570. Within its jurisdiction, upon application or on its own, subject to the provisions of NRS [441A.500] 441A.510 to 441A.720, inclusive, a health authority may:
(a) Pursuant to its own order and without a warrant:
(1) Take a person or group of persons alleged to and reasonably believed by the health authority to have been infected with or exposed to a communicable disease into custody in any safe location under emergency isolation or quarantine for testing, examination, observation and the provision of or arrangement for the provision of consensual medical treatment; and
(2) Transport the person or group of persons alleged to and reasonably believed by the health authority to have been infected with or exposed to a communicable disease to a public or private medical facility, a residence or other safe location for that purpose, or arrange for the person or group of persons to be transported for that purpose by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; or
(III) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ only if the health authority acting in good faith has, based upon personal observation, its own epidemiological investigation or an epidemiological investigation by another health authority, a physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS or a registered nurse as stated in a certificate submitted pursuant to NRS 441A.570, if such a certificate was submitted, of the person or group of persons alleged to have been infected with or exposed to a communicable disease, a reasonable factual and medical basis to believe that the person or group of persons has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person or group of persons is likely to be an immediate threat to the health of members of the public who have not been infected with or exposed to the communicable disease.
(b) Petition a district court for an emergency order requiring:
(1) Any health authority or peace officer to take a person or group of persons alleged to have been infected with or exposed to a communicable disease into custody to allow the health authority to investigate, file and prosecute a petition for the involuntary court-ordered isolation or quarantine of the person or group of persons alleged to have been infected with or exposed to a communicable disease in the manner set forth in NRS [441A.500] 441A.510 to 441A.720, inclusive; and
κ2011 Statutes of Nevada, Page 2512 (CHAPTER 399, SB 471)κ
exposed to a communicable disease in the manner set forth in NRS [441A.500] 441A.510 to 441A.720, inclusive; and
(2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport, in accordance with such court order, the person or group of persons alleged to have been infected with or exposed to a communicable disease to a public or private medical facility, a residence or other safe location for that purpose.
2. The district court may issue an emergency order for isolation or quarantine pursuant to paragraph (b) of subsection 1:
(a) Only for the time deemed necessary by the court to allow a health authority to investigate, file and prosecute each petition for involuntary court-ordered isolation or quarantine pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive; and
(b) Only if it is satisfied that there is probable cause to believe that the person or group of persons alleged to have been infected with or exposed to a communicable disease has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person or group of persons is likely to be an immediate threat to the health of the public.
Sec. 20. NRS 441A.640 is hereby amended to read as follows:
441A.640 1. The [Health Division] health authority shall establish such evaluation teams as are necessary to aid the courts under NRS 441A.630 and 441A.700.
2. Each team must be composed of at least two physicians, or at least one physician and one physician assistant licensed pursuant to chapter 630 or 633 of NRS.
3. Fees for the evaluations must be established and collected as set forth in NRS 441A.650.
Sec. 21. NRS 441A.690 is hereby amended to read as follows:
441A.690 Witnesses subpoenaed under the provisions of NRS [441A.500] 441A.510 to 441A.720, inclusive, shall be paid the same fees and mileage as are paid to witnesses in the courts of the State of Nevada.
Sec. 22. NRS 441A.720 is hereby amended to read as follows:
441A.720 When any involuntary court isolation or quarantine is ordered under the provisions of NRS [441A.500] 441A.510 to 441A.720, inclusive, the involuntarily isolated or quarantined person, together with the court orders, any certificates of the health authorities, physicians, physician assistants licensed pursuant to chapter 630 or 633 of NRS or registered nurses, the written summary of the evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the appropriate county who must be ordered to:
1. Transport the person; or
2. Arrange for the person to be transported by:
(a) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; or
(b) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ to the appropriate public or private medical facility, residence or other safe location.
κ2011 Statutes of Nevada, Page 2513 (CHAPTER 399, SB 471)κ
Sec. 23. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any money the Health Division receives from a fee set by the State Board of Health pursuant to NRS 439.150 for the issuance or renewal of a license pursuant to NRS 450B.160, an administrative penalty imposed pursuant to NRS 450B.900 or an appropriation made by the Legislature for the purposes of training related to emergency medical services:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;
(b) May be used only to carry out a training program for emergency medical services personnel who work for a volunteer ambulance service or firefighting agency, including, without limitation, equipment for use in the training; and
(c) Does not revert to the State General Fund at the end of any fiscal year.
2. 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 in the manner that other claims against the State are paid.
3. The Administrator of the Health Division shall administer the account.
Sec. 24. NRS 450B.900 is hereby amended to read as follows:
450B.900 1. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.
2. In addition to any criminal penalty imposed, the Health Division may impose against any person who violates any of the provisions of this chapter, an administrative penalty in an amount established by the State Board of Health by regulation.
Sec. 25. NRS 3.223 is hereby amended to read as follows:
3.223 1. Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:
(a) Brought pursuant to title 5 of NRS or chapter 31A, 123, 125, 125A, 125B, 125C, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to the extent that a specific statute authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.
(b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.
(c) For judicial approval of the marriage of a minor.
(d) Otherwise within the jurisdiction of the juvenile court.
(e) To establish the date of birth, place of birth or parentage of a minor.
(f) To change the name of a minor.
(g) For a judicial declaration of the sanity of a minor.
(h) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.
(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.
(j) Brought pursuant to NRS [441A.500] 441A.510 to 441A.720, inclusive, for an involuntary court-ordered isolation or quarantine.
2. The family court, where established and, except as otherwise provided in paragraph (m) of subsection 1 of NRS 4.370, the justice court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.
κ2011 Statutes of Nevada, Page 2514 (CHAPTER 399, SB 471)κ
have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.
3. The family court, where established, and the district court have concurrent jurisdiction over any action for damages brought pursuant to NRS 41.134 by a person who suffered injury as the proximate result of an act that constitutes domestic violence.
Sec. 25.5. NRS 218E.405 is hereby amended to read as follows:
218E.405 1. Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.
2. During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 284.1729, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650 [.] and section 1 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
3. The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chair appoints such a subcommittee:
(a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;
(b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and
(c) The Director of the Legislative Counsel Bureau or the Directors designee shall act as the nonvoting recording secretary of the subcommittee.
Sec. 26. NRS 441A.500 is hereby repealed.
Sec. 27. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 28. 1. Any contract or other agreement entered into by the Health Division of the Department of Health and Human Services is binding upon the State Health Officer if the responsibility for administration of the contract or other agreement is transferred. Any such contract or other agreement may be enforced by the State Health Officer if the responsibility for administration of the contract or other agreement is transferred.
2. Any contract or other agreement entered into by the Health Division of the Department of Health and Human Services is binding upon the district health officer in a district or the district health officers designee if the responsibility for administration of the contract or other agreement is transferred. Any such contract or other agreement may be enforced by the district health officer in a district or the district health officers designee if the responsibility for administration of the contract or other agreement is transferred.
κ2011 Statutes of Nevada, Page 2515 (CHAPTER 399, SB 471)κ
Sec. 29. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 30. The Health Division of the Department of Health and Human Services shall cooperate with the State Health Officer and the district health officer in a district or the district health officers designee to ensure that the provisions of this act are carried out in an orderly manner.
Sec. 31. 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. 32. This act becomes effective on July 1, 2011.
________
Senate Bill No. 475Committee on Finance
CHAPTER 400
[Approved: June 15, 2011]
AN ACT relating to transportation; revising various provisions governing the administrative authority of the Department of Transportation concerning bicycle and pedestrian safety; revising the authorized uses of money in the Highway and Safety Administrative Account in the State Highway Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Public Safety to develop an educational program concerning bicycle safety. (NRS 480.700) Section 2 of this bill expands the scope of the program to include pedestrian safety and transfers authority for the program to the Department of Transportation.
Existing law creates the Nevada Bicycle Advisory Board and provides its duties, including, without limitation, promoting programs and facilities for the safe use of bicycles in this State and advising state agencies on policies, programs and facilities for the safe use of bicycles. (NRS 480.710, 480.720) Sections 3 and 4 of this bill expand the duties of the Board to include pedestrian safety, revise the name of the Board to the Nevada Bicycle and Pedestrian Advisory Board and provide for the recodification of the provisions governing the Board within the Highways and Roads Law, which is administered by the Department of Transportation.
κ2011 Statutes of Nevada, Page 2516 (CHAPTER 400, SB 475)κ
Existing law creates the position of Drivers Education and Safety Officer within the Department of Motor Vehicles and provides the duties of the Safety Officer, including, without limitation, planning and administering a program of safety education concerning interaction among motor vehicles, bicycles, electric bicycles and pedestrians. (NRS 483.203) Section 5 of this bill revises the name of the position to the Highway Safety Information and Outreach Coordinator and transfers the position to the Department of Transportation.
Existing law requires the Department of Motor Vehicles to charge and collect an additional fee of 50 cents for the issuance or renewal of each drivers license and to deposit the money into the Highway and Safety Administrative Account in the State Highway Fund. (NRS 483.415) Section 6 of this bill authorizes the use of the money in the Account by the Department of Transportation for the support of the position of Highway Safety Information and Outreach Coordinator.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The Department shall develop an educational program concerning bicycle and pedestrian safety which must be:
(a) Suitable for children and adults; and
(b) Developed by a person who is trained in the techniques of bicycle and pedestrian safety.
2. The program must be designed to:
(a) Aid bicyclists in improving their riding skills;
(b) Inform bicyclists and pedestrians of applicable traffic laws and encourage observance of those laws; and
(c) Promote bicycle and pedestrian safety.
3. As used in this section, bicycle has the meaning ascribed to it in NRS 484A.025 and includes an electric bicycle as defined in NRS 482.0287.
Sec. 3. 1. The Nevada Bicycle and Pedestrian Advisory Board, consisting of 14 members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Advisory Board:
(a) Seven members who reside in various geographical areas of this State, of which:
(1) One member must be less than 21 years of age at the time of his or her appointment.
(2) One member must be representative of an organization in this State interested in environmental issues.
(3) One member must be representative of an organization in this State interested in the promotion of bicycling or walking.
(4) One member must be representative of an organization in this State involved in training persons in the safe use of bicycles or pedestrian safety.
(5) One member must own or manage a business for the sale or repair of bicycles or equipment used by pedestrians.
(6) Two members must be representative of the public at large.
(b) One member who is a representative of the Department of Education.
κ2011 Statutes of Nevada, Page 2517 (CHAPTER 400, SB 475)κ
(c) One member who is a representative of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(d) One member who is a representative of the Division of State Parks of the State Department of Conservation and Natural Resources.
(e) One member who is a representative of the Health Division of the Department of Health and Human Services.
(f) One member who is a representative of the Planning Division of the Department of Transportation.
(g) One member who is a representative of the Department of Public Safety.
(h) One member who is a representative of the Commission on Tourism.
3. After the initial terms, the term of each member of the Advisory Board appointed pursuant to paragraph (a) of subsection 2 is 2 years. The remaining members serve at the pleasure of the Governor.
4. Members of the Advisory Board must serve in that capacity without compensation, except that necessary travel and per diem expenses may be reimbursed, not to exceed the amounts provided for state officers and employees generally, to the extent that money is made available for that purpose.
Sec. 4. 1. The Nevada Bicycle and Pedestrian Advisory Board shall:
(a) At its first meeting and annually thereafter, elect a Chair from among its members.
(b) Meet regularly at least once each calendar quarter and may meet at other times upon the call of the Chair.
(c) Promote programs and facilities for the safe use of bicycles and pedestrian safety in this State.
(d) Advise appropriate agencies of the State on policies, programs and facilities for the safe use of bicycles and pedestrian safety.
2. The Advisory Board may apply for any available grants and accept and use any gifts, grants or donations to aid the Advisory Board in carrying out its duties.
3. The Department shall provide secretarial services to the Advisory Board.
Sec. 5. The position of Highway Safety Information and Outreach Coordinator is hereby created in the Department. The Highway Safety Information and Outreach Coordinator:
1. Shall plan and administer a program of safety education which includes safety information concerning interaction among motor vehicles, bicycles, electric bicycles and pedestrians.
2. May provide grants to local governmental entities, including school districts, for assistance in carrying out the program of safety education.
Sec. 6. NRS 483.415 is hereby amended to read as follows:
483.415 1. The Department of Motor Vehicles shall charge and collect a fee of 50 cents, in addition to the fees set forth in NRS 483.410, for every drivers license, including a motorcycle drivers license, issued or renewed.
2. The Department of Motor Vehicles shall deposit the money into the Highway and Safety Administrative Account which is hereby created in the State Highway Fund.
κ2011 Statutes of Nevada, Page 2518 (CHAPTER 400, SB 475)κ
State Highway Fund. The money in the Account may be used only [as follows:] by the Department of Transportation for:
(a) [Thirty-five percent of the money must be used for the] The support of the position of Motor Vehicle Recovery and Transportation Planner created [within the Department of Transportation] pursuant to NRS 408.234; and
(b) [Sixty-five percent of the money must be used for the] The support of the position of [Drivers Education and Safety Officer] Highway Safety Information and Outreach Coordinator created pursuant to [NRS 483.203,] section 5 of this act, and to carry out the provisions of that section.
Sec. 7. NRS 480.700, 480.710, 480.720 and 483.203 are hereby repealed.
Sec. 8. This act becomes effective on July 1, 2011.
________
Senate Bill No. 476Committee on Finance
CHAPTER 401
[Approved: June 15, 2011]
AN ACT relating to juvenile justice; requiring each county to pay an assessment to the State for the activities of the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services; authorizing a county to submit a proposal for the county to provide the services of the Youth Parole Bureau for the county and receive an exemption from the assessment; prohibiting a juvenile court from committing a delinquent child to a private institution; revising the manner in which a determination is made about where to commit a delinquent child; revising provisions relating to a juvenile who is held in a detention facility pending a hearing concerning a violation of parole; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires each county to pay an assessment for the activities of the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services. The amount of the assessment is determined by the Administrator of the Division of Child and Family Services using a formula that is based upon the number of pupils enrolled in public schools in the county. Section 1 allows a county to request an exemption from the assessment by submitting a proposal to the Governor for the county to carry out the functions of the Youth Parole Bureau for the county. If the Governor approves the proposal, the Interim Finance Committee must consider whether to approve the exemption. Section 4.5 of this bill provides that if such an exemption is approved, the county is required to carry out the functions of the Youth Parole Bureau.
Section 2 of this bill removes the authority of a juvenile court to commit a child to a private institution under certain circumstances.
κ2011 Statutes of Nevada, Page 2519 (CHAPTER 401, SB 476)κ
Existing law authorizes a juvenile court to order the return of a child who is alleged to have violated parole to a state facility for the detention of children or to be held in the local or regional facility for the detention of children pending a hearing. In addition, if the child is held in a local or regional facility, existing law requires the Youth Parole Bureau to pay the costs for the confinement of the child. (NRS 63.770) Section 5 of this bill removes the authority of a juvenile court to order the child to be returned to a state facility for the detention of children in such circumstances and authorizes, instead of requiring, the Youth Parole Bureau pay the costs of confinement of a child who is held, pending a hearing, in a local or regional facility for the detention of children to the extent that money is available for that purpose.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless an exemption is approved pursuant to subsection 4, each county shall pay an assessment for the activities of the Youth Parole Bureau that are necessary to carry out the provisions of NRS 63.700 to 63.780, inclusive.
2. The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the Youth Parole Bureau, divided by the total number of pupils enrolled in grades 7 through 12 in public schools in this State in the preceding school year and multiplied by the number of pupils enrolled in grades 7 through 12 in public schools in the assessed county. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.
3. Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.
4. A county may submit a proposal to the Governor for the county to carry out the provisions of NRS 63.700 to 63.780, inclusive, with respect to any child released from a state facility for the detention of children who resides within the county. If the Governor approves the proposal, the Governor must submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by each county.
Sec. 2. NRS 62E.510 is hereby amended to read as follows:
62E.510 1. If a delinquent child is less than 12 years of age, the juvenile court shall not commit the child to a state facility for the detention of children.
2. If a delinquent child is 12 years of age or older, the juvenile court shall not commit the child to a private institution . [unless the commitment is approved by the superintendent of the state facility for the detention of children to which the child would otherwise have been committed.]
κ2011 Statutes of Nevada, Page 2520 (CHAPTER 401, SB 476)κ
approved by the superintendent of the state facility for the detention of children to which the child would otherwise have been committed.]
Secs. 3 and 4. (Deleted by amendment.)
Sec. 4.5. Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county that receives approval to carry out the provisions of NRS 63.700 to 63.780, inclusive, and an exemption from the assessment imposed pursuant to section 1 of this act shall:
(a) Carry out the provisions of NRS 63.700 to 63.780, inclusive; and
(b) Appoint a person to act in the place of the Chief of the Youth Parole Bureau in carrying out those provisions.
2. When a person is appointed by the county to act in the place of the Chief of the Youth Parole Bureau pursuant to subsection 1, the person so appointed shall be deemed to be the Chief of the Youth Parole Bureau for the purposes of NRS 63.700 to 63.780, inclusive.
Sec. 5. NRS 63.770 is hereby amended to read as follows:
63.770 1. A petition may be filed with the juvenile court to request that the parole of a child be suspended, modified or revoked.
2. Pending a hearing, the juvenile court may order [:
(a) The return of the child to the facility; or
(b) If approved by a local or regional facility for the detention of children,] that the child be held in the local or regional facility [.] for the detention of children.
3. If the child is held in a local or regional facility for the detention of children pending a hearing, the Youth Parole Bureau [must] may pay all actual and reasonably necessary costs for the confinement of the child in the local or regional facility [.] to the extent that money is available for that purpose.
4. If requested, the juvenile court shall allow the child reasonable time to prepare for the hearing.
5. The juvenile court shall render a decision within 10 days after the conclusion of the hearing.
Sec. 6. (Deleted by amendment.)
Sec. 7. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2521κ
Senate Bill No. 477Committee on Finance
CHAPTER 402
[Approved: June 15, 2011]
AN ACT relating to public welfare; authorizing the Administrator of the Division of Health Care Financing and Policy of the Department of Health and Human Services to administer oaths, take testimony and issue subpoenas for the purposes of recovering Medicaid benefits paid on behalf of certain recipients; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Administrator of the Division of Health Care Financing and Policy of the Department of Health and Human Services to administer oaths, take testimony and issue subpoenas for the purposes of: (1) determining the eligibility of certain persons to provide medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Childrens Health Insurance Program; and (2) verifying treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Childrens Health Insurance Program. (NRS 422.2366) Section 1 of this bill authorizes the Administrator to administer oaths, take testimony and issue subpoenas for the purposes of recovering Medicaid benefits paid on behalf of recipients of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Childrens Health Insurance Program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.2366 is hereby amended to read as follows:
422.2366 1. The Administrator or a designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Division at a designated time and place and the production of books, papers and records relative to:
(a) Eligibility or continued eligibility to provide medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Childrens Health Insurance Program; [and]
(b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Childrens Health Insurance Program [.] ; and
(c) Recovery of Medicaid benefits paid on behalf of a recipient of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Childrens Health Insurance Program.
2. If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2522κ
Senate Bill No. 480Committee on Finance
CHAPTER 403
[Approved: June 15, 2011]
AN ACT relating to the protection of children; requiring certain less populated counties to pay an assessment to the Division of Child and Family Services of the Department of Health and Human Services for the costs of providing child protective services; authorizing a county to submit a proposal for the county to provide those services and receive an exemption from the assessment; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Child and Family Services of the Department of Health and Human Services, in counties whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), to provide directly or arrange for the provision of child welfare services, including protective services, foster care services and adoption services. (NRS 432B.044, 432B.180) Section 4 of this bill requires each of those counties to pay to the Division of Child and Family Services an assessment for the provision of child protective services not to exceed the limit of legislative authorization for spending on child protective services by the Division in each such county. Section 4 allows a county to request an exemption from the assessment by submitting a proposal to the Governor for the county to carry out child protective services for the county. If the Governor approves the proposal, the Interim Finance Committee must consider whether to approve the exemption. Section 7 of this bill provides that if such an exemption is approved, the county is required to carry out child protective services for the county in accordance with standards adopted by the Division and pay for the cost of those services.
Section 3 of this bill requires the Division to provide reports of certain information about the provision of child protective services to each county whose population is less than 100,000 and to the Governor. Section 3 also requires the Division to provide to each such county the total proposed budget of the Division for providing child protective services in that county for the next succeeding biennium.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Child protective services means services for the protection of children, including, without limitation, investigations of abuse or neglect and assessments. The term does not include foster care services or services related to adoption.
Sec. 3. The Division of Child and Family Services shall submit:
1. A report on or before December 1 of each year to the Governor and to each county whose population is less than 100,000 that contains a statement of:
(a) The total number of children who received child protective services in each county in the immediately preceding fiscal year; and
κ2011 Statutes of Nevada, Page 2523 (CHAPTER 403, SB 480)κ
(b) The amount and categories of the expenditures made by the Division on child protective services in each county in the immediately preceding fiscal year;
2. To each county whose population is less than 100,000, on or before December 1 of each even-numbered year, the total proposed budget of the Division for that county for the next succeeding biennium, including the projected number of children who will receive child protective services and the projected costs of child protective services attributed to the county; and
3. Such reports to the Legislative Commission as required by the Commission.
Sec. 4. 1. Unless an exemption is approved pursuant to subsection 4, each county whose population is less than 100,000 shall pay an assessment each fiscal year to the Division of Child and Family Services in an amount which does not exceed the amount authorized by the Legislature for the provision of child protective services by the Division in the county during that year.
2. The Division shall provide each county whose population is less than 100,000, on or before May 1 of each year, with an estimate of the amount of the assessment. The estimate becomes the amount of the assessment unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the Legislature. The county shall pay the assessment:
(a) In full within 30 days after the amount of the assessment becomes final; or
(b) In equal quarterly installments on or before the first day of July, October, January and April, respectively.
3. Money paid by a county pursuant to this section must be deposited by the Division with the State Treasurer, and the Division shall expend the money in accordance with the approved budget of the Division.
4. A county whose population is less than 100,000 may submit a proposal to the Governor for the county to carry out child protective services for the county. If the Governor approves the proposal, the Governor must submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the exemption and the intent of the Legislature in requiring the assessment to be paid by the county.
Sec. 5. NRS 432B.010 is hereby amended to read as follows:
432B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 432B.044 is hereby amended to read as follows:
432B.044 Child welfare services includes, without limitation:
1. [Protective services, including, without limitation, investigations of abuse or neglect and assessments;] Child protective services;
2. Foster care services, including, without limitation, maintenance and special services, as defined in NRS 432.010; and
3. Services related to adoption.
κ2011 Statutes of Nevada, Page 2524 (CHAPTER 403, SB 480)κ
Sec. 7. NRS 432B.325 is hereby amended to read as follows:
432B.325 1. Each county whose population is 100,000 or more shall provide child protective services [for the children] in that county and pay the cost of those services. The services must be provided in accordance with the standards adopted pursuant to NRS 432B.190.
2. A county whose population is less than 100,000 that receives approval to carry out child protective services for the county and an exemption from the assessment imposed pursuant to section 4 of this act shall:
(a) Provide child protective services in that county and pay the cost of those services.
(b) Provide the services in accordance with the standards adopted pursuant to NRS 432B.190.
3. A county whose population is less than 100,000 that carries out child protective services for the county shall be deemed to be the agency which provides child welfare services for the purposes of any provisions of this chapter relating to child protective services and any regulations adopted pursuant thereto.
Sec. 8. NRS 432B.490 is hereby amended to read as follows:
432B.490 1. An agency which provides child welfare services:
(a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;
(b) In other cases where a hearing on protective custody is held, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or
(c) If a child is not placed in protective custody, may, after an investigation is made under NRS 432B.010 to 432B.400, inclusive, and sections 2, 3 and 4 of this act, file a petition which meets the requirements set forth in NRS 432B.510.
2. If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.
3. If a child has been placed in protective custody and if further action in court is taken, an agency which provides child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for the welfare of the child pending further action in court.
Sec. 9. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 10. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2525κ
Senate Bill No. 498Committee on Finance
CHAPTER 404
[Approved: June 15, 2011]
AN ACT relating to unarmed combat; expanding the authorized use of proceeds from the additional fee for each ticket sold for admission to a live professional contest of unarmed combat; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a promoter of a professional contest or exhibition of unarmed combat must pay to the Nevada Athletic Commission an additional fee of $1.00 for each ticket sold for admission to a live professional contest of unarmed combat held in this State. If the gross receipts from admission fees to a contest of unarmed combat are less than $500,000, a promoter may be required to pay to the Commission a fee of $0.50 for each ticket sold in lieu of the regular additional fee. The Commission must use the money collected to award grants to organizations which promote amateur contests or exhibitions of unarmed combat in this State. (NRS 467.108) This bill authorizes the Commission also to use the money collected to perform random drug testing of amateur and professional unarmed combatants at any time, including, without limitation, during any period of training.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 467.108 is hereby amended to read as follows:
467.108 1. Except as otherwise provided in subsection 2, in addition to the payment of any other fees or taxes required by this chapter, a promoter shall pay to the Commission a fee of $1.00 for each ticket sold for admission to a live professional contest of unarmed combat which is held in this State.
2. In lieu of the fee imposed pursuant to subsection 1, the Executive Director of the Commission may require a promoter to pay to the Commission a fee of $0.50 for each ticket sold for admission to a live professional contest of unarmed combat which is held in this State if the gross receipts from admission fees to the contest of unarmed combat are less than $500,000.
3. The money collected pursuant to subsections 1 and 2 must be used by the Commission [to] :
(a) To award grants to organizations which promote amateur contests or exhibitions of unarmed combat in this State [.] ;
(b) To perform random drug testing of amateur and professional unarmed combatants at any time, including, without limitation, during any period of training; or
(c) For any combination of the purposes described in paragraphs (a) and (b).
4. The Commission shall adopt by regulation:
(a) The manner in which the fees required by subsections 1 and 2 must be paid.
(b) The manner in which applications for grants may be submitted to the Commission.
κ2011 Statutes of Nevada, Page 2526 (CHAPTER 404, SB 498)κ
(c) The standards to be used to award grants to organizations which promote amateur contests or exhibitions of unarmed combat in this State.
Sec. 2. This act becomes effective on July 1, 2011.
________
Senate Bill No. 499Committee on Finance
CHAPTER 405
[Approved: June 15, 2011]
AN ACT relating to the State Judicial Department; repealing the provisions creating the Fund for the National Judicial College and the Fund for the National College of Juvenile and Family Law; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Fund for the National Judicial College as a special revenue fund and requires the State Treasurer to pay to the Dean of the National Judicial College on a quarterly basis an amount equal to any interest and income earned on the money in the Fund during the quarter. The amount paid to the Dean must not exceed $300,000 per year after deducting any applicable charges. Existing law also creates the Fund for the National College of Juvenile and Family Law as a special revenue fund and similarly requires the State Treasurer to pay to the Dean of the National College of Juvenile and Family Law on a quarterly basis an amount equal to any interest and income earned on the money in the Fund during the quarter. The amount paid to the Dean must not exceed $200,000 per year after deducting any applicable charges. The Dean of each College may use the money received to pay expenses related to the operation of his or her respective College. (NRS 1.470, 1.480)
This bill repeals the provisions of law which create the Fund for the National Judicial College and the Fund for the National College of Juvenile and Family Law. This bill also requires the State Controller to transfer to the State General Fund the balance of any money remaining in each Fund on the effective date of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.470 and 1.480 are hereby repealed.
Sec. 2. As soon as practicable after the effective date of this act, the State Controller shall transfer to the State General Fund the balance of any money remaining in the Fund for the National Judicial College and the Fund for the National College of Juvenile and Family Law on the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2527κ
Senate Bill No. 57Committee on Judiciary
CHAPTER 406
[Approved: June 15, 2011]
AN ACT relating to children; establishing procedures for the Childrens Advocate or his or her designee to obtain, under certain circumstances, a warrant to take physical custody of a missing child who was allegedly abducted; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law as set forth in the Uniform Child Custody Jurisdiction and Enforcement Act (chapter 125A of NRS) authorizes a court in a proceeding to enforce a child custody determination to issue a warrant to take physical custody of a child in an emergency situation if the court finds that the child is immediately likely to suffer serious physical harm or to be removed from this State. Before issuing the warrant, the court is required to hold a hearing at which the party alleging the need for the warrant is present but not the party who has physical custody of the child. (NRS 125A.525) The Uniform Child Custody Jurisdiction and Enforcement Act also authorizes a court in this State, to enforce a child custody determination issued by a court in another state, to issue an order to take physical custody of a child in a nonemergency situation after holding a hearing at which both parties, the petitioner and the respondent, are given an opportunity to be heard. (NRS 125A.495)
Existing law as set forth in the Uniform Child Abduction Prevention Act (chapter 125D of NRS) authorizes a court, pursuant to a petition filed either before or after a child custody determination has been made, to issue a warrant to take physical custody of a child in an emergency situation if the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed. The court may issue the warrant without providing prior notice and an opportunity to be heard to the party who has physical custody of the child. (NRS 125D.200)
Finally, existing law establishes the Office of Advocate for Missing or Exploited Children within the Office of the Attorney General and requires the Childrens Advocate to carry out various duties relating to missing or exploited children in this State. (NRS 432.157) Section 2 of this bill authorizes the Childrens Advocate or his or her designee, under certain circumstances, to apply to a court for a warrant to take physical custody of a missing child where there is probable cause to believe that the child has been abducted. Further, section 2 establishes the procedures for issuing such a warrant. Section 2 also defines the term abduction to include kidnapping, aiding and abetting kidnapping and the willful detaining, concealing or removing of a child from a person having lawful custody or a right of visitation of the child by a person who has a limited right of custody to the child by operation of law or pursuant to a court order, judgment or decree or who has no right of custody to the child.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 2528 (CHAPTER 406, SB 57)κ
Sec. 2. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Childrens Advocate or his or her designee may apply to the court for a warrant to take physical custody of a missing child if, during an investigation of the missing child, it appears that there is probable cause to believe that:
(a) An act of abduction has been committed against the child; and
(b) The act of abduction was not committed to protect:
(1) The child from continued abuse or neglect or from a bona fide and imminent threat of abuse or neglect; or
(2) The person who allegedly abducted the child from continued domestic violence or a bona fide and imminent threat of domestic violence.
2. In filing the application for a warrant, the Childrens Advocate and his or her designee acts on behalf of the court and not on behalf of any party.
3. The application must include, without limitation:
(a) The name of the person having legal custody of the child;
(b) The name of the person alleged to have committed the act of abduction of the child;
(c) The name of the person alleged to have possession of the child, if different from the person described in paragraph (b);
(d) A statement of the facts and circumstances pertaining to the abduction of the child;
(e) A statement indicating whether, to the knowledge of the applicant after reasonable investigation under the circumstances, the child, the person having legal custody of the child, the person alleged to have committed the act of abduction or the person alleged to have possession of the child has been:
(1) The subject of an investigation of alleged abuse or neglect of a child or domestic violence;
(2) A party to a proceeding concerning the alleged abuse or neglect of a child, an act of abduction of a child or domestic violence; or
(3) A party against whom an order for protection against domestic violence was issued;
(f) A statement indicating which court, if any, has exercised jurisdiction over the custody or welfare of the child;
(g) A copy of the most recent child custody determination, if any, concerning the child, or if there is no such determination, a statement as to the legal basis for the custody of the child; and
(h) A declaration made under oath and penalty of perjury that every factual representation made in the application is true and correct to the best of the knowledge of the applicant.
4. The court may, in its discretion, supplement the allegations made in the application with the sworn testimony of the applicant at a hearing before the court. Any such testimony must be recorded and preserved in the records of the court.
5. If an application is filed pursuant to this section:
(a) The Childrens Advocate or his or her designee may not be assessed a filing fee for the application; and
(b) Any proceedings regarding the application must be expedited by the court.
κ2011 Statutes of Nevada, Page 2529 (CHAPTER 406, SB 57)κ
6. If the court determines that no exigent circumstances exist in relation to the issuance of the warrant, the court:
(a) Shall hold a hearing before it issues the warrant;
(b) Shall provide, or ensure that the Childrens Advocate or his or her designee provides, notice of the hearing to the custodial parent, the person alleged to have committed the act of abduction and, if different, the person alleged to have possession of the child;
(c) If the person alleged to have committed the act of abduction or, if different, the person alleged to have possession of the child is present at the hearing or otherwise appears at the hearing, may:
(1) Order such person to return the child in accordance with the determination of the court regarding the placement of the child; and
(2) Issue the warrant in accordance with subsection 9; and
(d) If the person alleged to have committed the act of abduction and, if different, the person alleged to have possession of the child received notice but are not present at the hearing, do not otherwise appear at the hearing and do not submit statements to the court, may issue the warrant in accordance with subsection 9.
7. If the court determines that exigent circumstances exist in relation to the issuance of the warrant, including, without limitation, that the child is in imminent danger of being removed from this State or in imminent danger of serious physical harm, the court may issue the warrant after an ex parte hearing. If the court issues the warrant after an ex parte hearing:
(a) The court shall afford the custodial parent, the person alleged to have committed the act of abduction and, if different, the person alleged to have possession of the child an opportunity to be heard at the earliest possible time after the warrant is executed, but not later than 48 hours after the warrant is executed unless a hearing within that period is impossible. If a hearing within that period is impossible, the court shall hold the hearing on the first judicial day possible.
(b) The Childrens Advocate or his or her designee shall provide notice of the hearing to be held pursuant to paragraph (a) to the custodial parent, the person alleged to have committed the act of abduction and, if different, the person alleged to have possession of the child.
8. The custodial parent of the child, the person alleged to have committed the act of abduction and, if different, the person alleged to have possession of the child may:
(a) Appear at a hearing held pursuant to subsection 6 or 7 in person, by telephone or by video; and
(b) Submit written statements to the court electronically or by other means.
9. If, after a hearing held pursuant to subsection 6 or 7, as applicable, the court:
(a) Determines that there is probable cause to believe that an act of abduction has been committed against the child and that the act of abduction was not committed for the protection of the child or the person who allegedly abducted the child as described in subsection 1, the court may issue a warrant to take physical custody of the child; or
(b) Finds by a preponderance of the evidence that the act of abduction of the child was committed for the protection of the child or the person who allegedly abducted the child as described in subsection 1, the court shall:
κ2011 Statutes of Nevada, Page 2530 (CHAPTER 406, SB 57)κ
(1) Assume temporary emergency jurisdiction of the matter and shall enter a temporary emergency order for the custody of the child which is in the best interest of the child and which is sufficient to protect the safety and welfare of all interested persons; and
(2) Provide in the order a period of time which the court considers adequate and within which the person seeking the emergency order may obtain an initial or modified child custody determination regarding the child from a court that has jurisdiction to enter such an order.
10. A warrant issued by the court pursuant to this section:
(a) Must set forth findings of fact that establish probable cause for believing that an act of abduction occurred and that the act of abduction was not committed for the protection of the child or the person who allegedly abducted the child as described in subsection 1;
(b) Must direct law enforcement officers to take physical custody of the child and deliver the child in accordance with the determination of the court regarding the placement of the child;
(c) Must specify the property that may be searched and the child who may be seized pursuant to the warrant;
(d) Must authorize law enforcement officers to enter private property as described in paragraph (c) to take physical custody of the child;
(e) Must order that the child be returned to his or her legal custodian unless such placement is not in the best interest of the child; and
(f) Is enforceable throughout this State.
11. As soon as reasonably practicable but not later than 24 hours after a law enforcement officer executes a warrant issued pursuant to this section, the Childrens Advocate or his or her designee shall inform the court of the execution of the warrant.
12. As used in this section:
(a) Abduction means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359.
(b) Abuse or neglect of a child has the meaning ascribed to it in NRS 432B.020.
(c) Child custody determination means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.
(d) Court means a court of this state authorized to establish, enforce or modify a child custody determination.
(e) Domestic violence means the commission of any act described in NRS 33.018.
Sec. 2.5. NRS 432.150 is hereby amended to read as follows:
432.150 As used in NRS 432.150 to 432.220, inclusive, and section 2 of this act, unless the context otherwise requires:
1. Clearinghouse means the program established by the Attorney General pursuant to NRS 432.170.
2. Director means the Director of the Clearinghouse.
3. Exploited child means a person under the age of 18 years who has been:
(a) Used in the production of pornography in violation of the provisions of NRS 200.710;
(b) Subjected to sexual exploitation as defined in NRS 432B.110; or
κ2011 Statutes of Nevada, Page 2531 (CHAPTER 406, SB 57)κ
(c) Employed or exhibited in any injurious, immoral or dangerous business or occupation in violation of the provisions of NRS 609.210.
4. Missing child means a person under the age of 18 years who has run away or is otherwise missing from the lawful care, custody and control of a parent or guardian.
Sec. 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on July 1, 2011.
________
Senate Bill No. 278Senators Horsford and Hardy
CHAPTER 407
[Approved: June 15, 2011]
AN ACT relating to health care; revising provisions governing the modification of contracts between insurers and providers of health care under certain circumstances; requiring the Department of Health and Human Services to report certain rates of reimbursement for physicians for care and services provided pursuant to certain state plans and programs which provide medical assistance; providing that certain requirements concerning health insurance shall be deemed not to apply to certain nonprofit entities; revising the requirement that certain insurers and health care facilities accept a standardized form to obtain information relating to the credentials of a provider of health care; requiring the Department to conduct a study concerning medical homes; requiring the Department to submit reports concerning certain studies to the Legislature; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 8-12, 14 and 15 of this bill require written notice of a contract modification between certain insurers and a provider of health care which involves the insurers schedule of payments to be sent to the provider at least 45 days before the proposed modification will take effect, and require such insurers, upon request, to submit to a provider of health care with whom they contract any changes to the fee schedule applicable to the providers practice. Section 14.5 of this bill imposes similar requirements with respect to contracts between an organization for dental care and a dentist and, consistent with similar provisions of law, provides that such a contract may be modified at any time pursuant to a written agreement executed by both parties.
Section 16 of this bill requires the Department of Health and Human Services, with respect to the State Plan for Medicaid and the Childrens Health Insurance Program, to report every rate of reimbursement for physicians which is provided on a fee-for-service basis and which is lower than the rate provided on the current Medicare fee schedule for care and services provided by physicians. Section 16 also requires the Director of the Department to publish a schedule of such rates of reimbursement on an Internet website maintained by the Department and to submit an annual report concerning such rates to the Legislature.
Section 17.5 of this bill provides that certain requirements concerning health insurance that are enacted after January 1, 2011, shall be deemed not to apply to certain nonprofit entities.
κ2011 Statutes of Nevada, Page 2532 (CHAPTER 407, SB 278)κ
Existing law requires the Commissioner of Insurance to prescribe a single, standardized form for use by insurers, carriers, societies, corporations, health maintenance organizations and managed care organizations to obtain any information relating to the credentials of a provider of health care. (NRS 629.095) Section 21 of this bill requires the Commissioner to prescribe that form for use by hospitals, medical facilities and other facilities that provide health care.
Section 24.5 of this bill requires the Department of Health and Human Services to conduct a study concerning medical homes and to submit certain reports concerning the study to the Legislature. Section 24.7 of this bill imposes similar reporting requirements on the Department with respect to its study of electronic identification cards that contain information relating to health insurance.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-7. (Deleted by amendment.)
Sec. 8. NRS 689A.035 is hereby amended to read as follows:
689A.035 1. An insurer shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds.
2. An insurer shall not contract with a provider of health care to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
3. A contract between an insurer and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider [30] 45 days written notice of the modification [.] of the insurers schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the [30-day] 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If an insurer contracts with a provider of health care to provide health care to an insured, the insurer shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
5. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
κ2011 Statutes of Nevada, Page 2533 (CHAPTER 407, SB 278)κ
Sec. 9. NRS 689B.015 is hereby amended to read as follows:
689B.015 1. An insurer that issues a policy of group health insurance shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds.
2. An insurer specified in subsection 1 shall not contract with a provider of health care to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
3. A contract between an insurer specified in subsection 1 and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider [30] 45 days written notice of the modification [.] of the insurers schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the [30-day] 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If an insurer specified in subsection 1 contracts with a provider of health care to provide health care to an insured, the insurer shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
5. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 10. NRS 689C.435 is hereby amended to read as follows:
689C.435 1. A carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the carrier to its insureds.
2. A carrier specified in subsection 1 shall not contract with a provider of health care to provide health care to an insured unless the carrier uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
3. A contract between a carrier specified in subsection 1 and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the carrier upon giving to the provider [30] 45 days written notice of the modification [.] of the carriers schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45 day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the [30-day] 45 day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
κ2011 Statutes of Nevada, Page 2534 (CHAPTER 407, SB 278)κ
objects in writing to the modification within the [30-day] 45 day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If a carrier specified in subsection 1 contracts with a provider of health care to provide health care to an insured, the carrier shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
5. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 11. NRS 695A.095 is hereby amended to read as follows:
695A.095 1. A society shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the society to its insureds.
2. A society shall not contract with a provider of health care to provide health care to an insured unless the society uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
3. A contract between a society and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the society upon giving to the provider [30] 45 days written notice of the modification [.] of the societys schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the [30-day] 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If a society contracts with a provider of health care to provide health care to an insured, the society shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
5. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 12. NRS 695B.035 is hereby amended to read as follows:
695B.035 1. A corporation subject to the provisions of this chapter shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the corporation to its insureds.
2. A corporation specified in subsection 1 shall not contract with a provider of health care to provide health care to an insured unless the corporation uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
κ2011 Statutes of Nevada, Page 2535 (CHAPTER 407, SB 278)κ
corporation uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
3. A contract between a corporation specified in subsection 1 and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the corporation upon giving to the provider [30] 45 days written notice of the modification [.] of the corporations schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the [30-day] 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If a corporation specified in subsection 1 contracts with a provider of health care to provide health care to an insured, the corporation shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
5. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 695C.125 is hereby amended to read as follows:
695C.125 1. A health maintenance organization shall not contract with a provider of health care to provide health care to an insured unless the health maintenance organization uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
2. A contract between a health maintenance organization and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the health maintenance organization upon giving to the provider [30] 45 days written notice of the modification [.] of the health maintenance organizations schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the [30-day] 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
3. If a health maintenance organization contracts with a provider of health care to provide health care to an enrollee, the health maintenance organization shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
κ2011 Statutes of Nevada, Page 2536 (CHAPTER 407, SB 278)κ
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
4. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 14.5. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:
1. A contract between an organization for dental care and a dentist may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the organization for dental care upon giving to the dentist 45 days written notice of the modification of the organization for dental cares schedule of payments, including any changes to the fee schedule applicable to the dentists practice. If the dentist fails to object in writing to the modification within the 45-day period, the modification becomes effective at the end of that period. If the dentist objects in writing to the modification within the 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
2. If an organization for dental care contracts with a dentist, the organization for dental care shall:
(a) If requested by the dentist at the time the contract is made, submit to the dentist the schedule of payments applicable to the dentist; or
(b) If requested by the dentist at any other time, submit to the dentist the schedule of payments, including any changes to the fee schedule applicable to the dentists practice, specified in paragraph (a) within 7 days after receiving the request.
3. The provisions of this section do not apply to an organization for dental care that provides services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt an organization for dental care from any provision of this chapter for services provided pursuant to any other contract.
Sec. 15. NRS 695G.430 is hereby amended to read as follows:
695G.430 1. A managed care organization shall not contract with a provider of health care to provide health care to an insured unless the managed care organization uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
2. A contract between a managed care organization and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the managed care organization upon giving to the provider [30] 45 days written notice of the modification [.] of the managed care organizations schedule of payments, including any changes to the fee schedule applicable to the providers practice. If the provider fails to object in writing to the modification within the [30-day] 45-day period, the modification becomes effective at the end of that period.
κ2011 Statutes of Nevada, Page 2537 (CHAPTER 407, SB 278)κ
that period. If the provider objects in writing to the modification within the [30-day] 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
3. If a managed care organization contracts with a provider of health care to provide health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS, the managed care organization shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments , including any changes to the fee schedule applicable to the providers practice, specified in paragraph (a) within 7 days after receiving the request.
4. As used in this section, provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 16. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department, with respect to the State Plan for Medicaid and the Childrens Health Insurance Program, shall report every rate of reimbursement for physicians which is provided on a fee-for-service basis and which is lower than the rate provided on the current Medicare fee schedule for care and services provided by physicians.
2. The Director shall post on an Internet website maintained by the Department a schedule of such rates of reimbursement.
3. The Director shall, on or before February 1 of each year, submit a report concerning the schedule of such rates of reimbursement to the Director of the Legislative Counsel Bureau for transmittal to the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.
Sec. 17. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.484, inclusive, and section 16 of this act, unless the context requires otherwise:
1. Department means the Department of Health and Human Services.
2. Director means the Director of the Department.
Sec. 17.5. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
Any provision of this chapter which is enacted after January 1, 2011, and requires coverage for screening, diagnosis or treatment of any specific medical condition, or specifies or limits exclusions, limitations or eligibility requirements therefor, shall be deemed not to apply to any nonprofit entity that qualifies under Section 501(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c), as amended.
Secs. 18-20. (Deleted by amendment.)
Sec. 21. NRS 629.095 is hereby amended to read as follows:
629.095 1. Except as otherwise provided in subsection 2, the Commissioner of Insurance shall develop, prescribe for use and make available a single, standardized form for use by insurers, carriers, societies, corporations, health maintenance organizations , [and] managed care organizations , hospitals, medical facilities and other facilities that provide health care in obtaining any information related to the credentials of a provider of health care.
κ2011 Statutes of Nevada, Page 2538 (CHAPTER 407, SB 278)κ
2. The provisions of subsection 1 do not prohibit the Commissioner of Insurance from developing, prescribing for use and making available:
(a) Appropriate variations of the form described in that subsection for use in different geographical regions of this State.
(b) Addenda or supplements to the form described in that subsection to address, until such time as a new form may be developed, prescribed for use and made available, any requirements newly imposed by the Federal Government, the State or one of its agencies, or a body that accredits hospitals, medical facilities or health care plans.
3. With respect to the form described in subsection 1, the Commissioner of Insurance shall:
(a) Hold public hearings to seek input regarding the development of the form;
(b) Develop the form in consideration of the input received pursuant to paragraph (a);
(c) Ensure that the form is developed in such a manner as to accommodate and reflect the different types of credentials applicable to different classes of providers of health care;
(d) Ensure that the form is developed in such a manner as to reflect standards of accreditation adopted by national organizations which accredit hospitals, medical facilities and health care plans; and
(e) Ensure that the form is developed to be used efficiently and is developed to be neither unduly long nor unduly voluminous.
4. As used in this section:
(a) Carrier has the meaning ascribed to it in NRS 689C.025.
(b) Corporation means a corporation operating pursuant to the provisions of chapter 695B of NRS.
(c) Health maintenance organization has the meaning ascribed to it in NRS 695C.030.
(d) Insurer means:
(1) An insurer that issues policies of individual health insurance in accordance with chapter 689A of NRS; and
(2) An insurer that issues policies of group health insurance in accordance with chapter 689B of NRS.
(e) Managed care organization has the meaning ascribed to it in NRS 695G.050.
(f) Provider of health care means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
(g) Society has the meaning ascribed to it in NRS 695A.044.
Secs. 22-24. (Deleted by amendment.)
Sec. 24.5. 1. The Department of Health and Human Services shall conduct a study concerning medical homes. The study must include, without limitation, an evaluation of:
(a) The progress made in the development of medical homes in this State;
(b) The manner in which insurers work with medical homes concerning the adequacy of health care networks; and
(c) Models for reimbursement of medical homes and any options for different methods of preauthorization for the care and services provided by medical homes.
2. The Department shall:
κ2011 Statutes of Nevada, Page 2539 (CHAPTER 407, SB 278)κ
(a) During the calendar year 2012, submit such progress reports concerning the study to the Legislative Committee on Health Care as requested by the Committee; and
(b) On or before January 1, 2013, submit a final report concerning the findings of the study, including the potential cost to this State of such medical homes and any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Nevada Legislature.
3. As used in this section, medical home means a medical practice which utilizes a model for the delivery of health care:
(a) In which a patient establishes an ongoing relationship with a physician in a physician-directed team; and
(b) The purpose of which is to provide comprehensive, accessible and continuous evidence-based primary and preventive care and to coordinate the health care needs of the patient across the health care system to improve quality, safety, access and health outcomes in a cost-effective manner.
Sec. 24.7. The Department of Health and Human Services, with respect to the study being conducted by the Department concerning electronic identification cards that contain information relating to health insurance, shall:
1. During the calendar year 2012, submit such progress reports concerning the study to the Legislative Committee on Health Care as requested by the Committee; and
2. On or before January 1, 2013, submit a final report concerning the findings of the study, including the potential cost to this State of such electronic identification cards and any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Nevada Legislature.
Sec. 25. 1. This section and section 17.5 of this act become effective upon passage and approval.
2. Sections 1 to 17, inclusive, 18, 19, 20 and 22 to 24.7, inclusive, of this act become effective on July 1, 2011.
3. Section 21 of this act becomes effective on January 1, 2012.
________
κ2011 Statutes of Nevada, Page 2540κ
Assembly Bill No. 245Assemblymen Stewart; Ellison, Goicoechea, Grady, Hammond, Hardy, Hickey, Kirner, Kite, Livermore, McArthur and Sherwood
Joint Sponsors: Senators Hardy, Gustavson; Lee and Settelmeyer
CHAPTER 408
[Approved: June 15, 2011]
AN ACT relating to taxation; authorizing a veteran to transfer to his or her spouse the exemption from the governmental services tax to which the veteran would otherwise be entitled; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a veteran is entitled, with respect to the registration of a vehicle and to the extent of $2,000 determined valuation, to an exemption from the governmental services tax that would otherwise be due and payable on the vehicle. (NRS 371.103) If a veteran has incurred a permanent service-connected disability, existing law authorizes such an exemption in the amount of $20,000 for a veteran with a total disability, $15,000 for a veteran with a disability of 80 to 99 percent and $10,000 for a veteran with a disability of 60 to 79 percent. (NRS 371.104) This bill allows such a person, by filing an affidavit with the Department of Motor Vehicles, to transfer the tax exemption to his or her spouse. If such a transfer is made: (1) the spouse is entitled to the exemption in the same manner as the veteran would have been entitled to the exemption; (2) the transferred exemption may not be claimed by the veteran while the transfer is in force; (3) the veteran may, by affidavit, revoke the transfer of the exemption; and (4) the transferred exemption terminates upon the earlier of the termination of the marriage, the veterans death or the revocation of the transfer.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $2,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975;
κ2011 Statutes of Nevada, Page 2541 (CHAPTER 408, AB 245)κ
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,
Κ and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before the county assessor or a notary public. If a veteran makes such a transfer:
(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;
(b) The veteran is not entitled to the exemption for the duration of the transfer;
(c) The transfer expires upon the earlier of:
(1) The termination of the marriage;
(2) The death of the veteran; or
(3) The revocation of the transfer by the veteran as described in paragraph (d); and
(d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before the county assessor or a notary public.
3. For the purpose of this section, the first $2,000 determined valuation of vehicles in which [such] a person described in subsection 1 or 2 has any interest shall be deemed to belong to that person.
[3. A]
4. Except as otherwise provided in subsection 5, a person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit [,] of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
[4.] 5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the Department shall grant exemptions to those persons on the basis of the original affidavits filed.
κ2011 Statutes of Nevada, Page 2542 (CHAPTER 408, AB 245)κ
filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.
[5.] 6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran [,] or, if a transfer has been made pursuant to subsection 2, proof of status of the veteran to whom the person claiming the exemption is married, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
[6.] 7. If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, the person is guilty of a gross misdemeanor.
[7.] 8. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and [2] 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 2. NRS 371.104 is hereby amended to read as follows:
371.104 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veterans exemption from the payment of governmental services taxes on vehicles of the following determined valuations:
(a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.
(b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.
(c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.
2. In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before the county assessor or a notary public. If a veteran makes such a transfer:
(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;
(b) The veteran is not entitled to the exemption for the duration of the transfer;
(c) The transfer expires upon the earlier of:
(1) The termination of the marriage;
(2) The death of the veteran; or
(3) The revocation of the transfer by the veteran as described in paragraph (d); and
κ2011 Statutes of Nevada, Page 2543 (CHAPTER 408, AB 245)κ
(d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before the county assessor or a notary public.
3. For the purpose of this section, the first $20,000 of determined valuation of vehicles in which [an applicant] a person described in subsection 1 or 2 has any interest shall be deemed to belong entirely to that person.
[3.] 4. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county within this State. After the filing of the original affidavit [,] of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
[4.] 5. Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the [applicants] veterans status, and for that purpose shall require production of:
(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
[5.] 6. A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;
(b) The veteran with a disability was eligible for the exemption at the time of his or her death [;] or, if not for a transfer of the exemption pursuant to subsection 2, would have been eligible for the exemption at the time of his or her death; and
(c) The surviving spouse has not remarried.
Κ The affidavit required by this subsection is in addition to the certification required pursuant to subsections [3 and 4.] 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
[6.] 7. If a tax exemption is allowed under this section, the [claimant is] veteran and his or her current spouse are not entitled to an exemption under NRS 371.103.
κ2011 Statutes of Nevada, Page 2544 (CHAPTER 408, AB 245)κ
[7.] 8. If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.
[8.] 9. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and [2] 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 3. This act becomes effective on July 1, 2011.
________
Assembly Bill No. 307Assemblymen Bobzien, Carlton; Atkinson, Kirkpatrick, Segerblom and Smith
Joint Sponsors: Senators Leslie, Horsford and Rhoads
CHAPTER 409
[Approved: June 15, 2011]
AN ACT relating to governmental administration; requiring a person who files certain applications for an energy development project to file a notice concurrently with the Department of Wildlife; requiring the Department of Wildlife to adopt regulations for the provision of information relating to wildlife based on the location of an energy development project; creating the Energy Planning and Conservation Fund; requiring the Department of Wildlife to use money from the Energy Planning and Conservation Fund for certain wildlife activities; creating the Fund for the Recovery of Costs; requiring the Department of Wildlife to use money from the Fund for the Recovery of Costs solely to provide certain information relating to wildlife based on the location of an energy development project; requiring the Director of the Office of Energy to coordinate certain discussions with interested parties relating to an energy development project in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Wildlife and requires the Department to administer the wildlife laws of this State. (NRS 501.331) Existing law also creates the Office of Energy within the Office of the Governor to analyze, review and study the use of energy and availability of energy in this State, as well as to coordinate activities with other agencies to administer programs related to the use of renewable energy and to conserve or reduce the demand for energy. (NRS 701.150, 701.180) This bill requires the Department of Wildlife and the Office of Energy to cooperate in acting as a resource for the Federal Government, the Public Utilities Commission of Nevada, the counties of this State and the public by compiling and providing certain information relating to certain energy development projects.
κ2011 Statutes of Nevada, Page 2545 (CHAPTER 409, AB 307)κ
Section 5 of this bill defines an energy development project as any project for the generation, transmission and development of energy, whether on public or private land. Section 6 of this bill exempts from the provisions of this bill a project that has a generating capacity of less than 10 megawatts.
Section 7 of this bill requires any person who files an application with the Federal Government for a lease or easement for a right-of-way for an energy development project or an application with the Public Utilities Commission of Nevada or any county in this State relating to the construction of an energy development project to file a notice concurrently with the Department of Wildlife. The notice required by section 7 must include a description of the location, boundaries and estimated infrastructure requirements for the project and a description of the project itself and an estimate of the energy output of the project. Section 7 further requires the Department to provide a copy of the notice to the Office of Energy and requires the Department, in consultation with the Office of Energy, to adopt regulations to provide for making reasonable deposits and reimbursing the Department for providing information relating to wildlife or wildlife habitat based on the location of an energy development project.
Section 9 of this bill creates the Energy Planning and Conservation Fund and requires the money in the Fund to be administered by the Director of the Department of Wildlife and used by the Department in accordance with the State Wildlife Action Plan for conducting surveys of wildlife, for mapping locations of wildlife and its habitat, for conservation projects for the habitat of wildlife impacted by energy development projects and to match any federal money for a project or program for the conservation of any species of wildlife which is of critical concern. Section 9.5 of this bill creates the Fund for the Recovery of Costs and requires the money in the Fund to be administered by the Director of the Department of Wildlife and used by the Department solely to provide to the Federal Government, the Public Utilities Commission of Nevada or any person with information relating to wildlife or wildlife habitat based on the location of an energy development project or to match any federal money for a project or program for the conservation of any species of wildlife.
Section 8 of this bill requires the Department of Wildlife to compile and maintain information on all energy development projects for which notice is filed pursuant to section 7 and to prepare and submit a report detailing such projects to the Legislative Commission in even-numbered years and, in odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
Section 11 of this bill expands the duties of the Director of the Office of Energy to include coordinating discussions with interested parties concerning the potential effects of energy development projects.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.331 is hereby amended to read as follows:
501.331 The Department of Wildlife is hereby created. The Department:
1. Shall administer the wildlife laws of this State , [and] chapter 488 of NRS [.] and sections 7 to 9.5, inclusive, of this act.
2. Shall, on or before the fifth calendar day of each regular session of the Legislature, submit to the Legislature a financial report for each of the immediately preceding 2 fiscal years setting forth the activity and status of the Wildlife Obligated Reserve Account in the State General Fund, each subaccount within that Account and any other account or subaccount administered by the Department for which the use of the money in the account or subaccount is restricted.
κ2011 Statutes of Nevada, Page 2546 (CHAPTER 409, AB 307)κ
administered by the Department for which the use of the money in the account or subaccount is restricted. The report must include, without limitation:
(a) A description of each project for which money is expended from each of those accounts and subaccounts and a description of each recipient of that money; and
(b) The total amount of money expended from each of those accounts and subaccounts for each fiscal year, including, without limitation, the amount of any matching contributions received for those accounts and subaccounts for each fiscal year.
Sec. 2. NRS 501.337 is hereby amended to read as follows:
501.337 The Director shall:
1. Carry out the policies and regulations of the Commission.
2. Direct and supervise all administrative and operational activities of the Department, and all programs administered by the Department as provided by law. Except as otherwise provided in NRS 284.143, the Director shall devote his or her entire time to the duties of the office and shall not follow any other gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the Department and, from time to time with the consent of the Commission, may alter the organization. The Director shall reassign responsibilities and duties as he or she may deem appropriate.
4. Appoint or remove such technical, clerical and operational staff as the execution of his or her duties and the operation of the Department may require, and all those employees are responsible to the Director for the proper carrying out of the duties and responsibilities of their respective positions. The Director shall designate a number of employees as game wardens and provide for their training.
5. Submit technical and other reports to the Commission as may be necessary or as may be requested, which will enable the Commission to establish policy and regulations.
6. Prepare, in consultation with the Commission, the biennial budget of the Department consistent with the provisions of this title , [and] chapter 488 of NRS and sections 7 to 9.5, inclusive, of this act and submit it to the Commission for its review and recommendation before the budget is submitted to the Chief of the Budget Division of the Department of Administration pursuant to NRS 353.210.
7. Administer real property assigned to the Department.
8. Maintain full control, by proper methods and inventories, of all personal property of the State acquired and held for the purposes contemplated by this title and by chapter 488 of NRS.
9. Act as nonvoting Secretary to the Commission.
10. Adopt the regulations required pursuant to sections 7 and 9 of this act.
Sec. 3. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the Department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the Legislature; and
κ2011 Statutes of Nevada, Page 2547 (CHAPTER 409, AB 307)κ
(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 , [or in] the Trout Management Account pursuant to NRS 502.327, the Energy Planning and Conservation Fund created by section 9 of this act or the Fund for the Recovery of Costs created by section 9.5 of this act,
Κ must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
2. The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.
3. Except as otherwise provided in subsection 4, the Department may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
4. Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and must be used:
(a) Only for the management of wildlife; and
(b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.
Sec. 4. Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9.5, inclusive, of this act.
Sec. 5. Energy development project means a project for the generation, transmission and development of energy located on public or private land. The term includes, without limitation:
1. A utility facility, as defined in NRS 704.860, constructed on private land; and
2. Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity.
Sec. 6. The provisions of sections 7, 8 and 9 of this act do not apply to a project that has a generating capacity of less than 10 megawatts.
Sec. 7. 1. Except as otherwise provided in section 6 of this act, a person who files an application with the Federal Government for a lease or easement for a right-of-way for an energy development project or an application with the Public Utilities Commission of Nevada or any county in this State relating to the construction of an energy development project shall, concurrently with the filing of the application, file a notice of the energy development project with the Department of Wildlife.
2. The notice required by subsection 1 must be provided to the Department of Wildlife in such form as the Department prescribes and contain:
(a) A description of the location and the energy development project to be built thereon;
(b) A description of the boundaries of the project and the estimated requirements for infrastructure of the project; and
(c) The estimated energy output for the energy development project.
κ2011 Statutes of Nevada, Page 2548 (CHAPTER 409, AB 307)κ
3. Within 30 days after a notice is filed pursuant to subsection 1, the Department of Wildlife shall provide a copy of the notice to the Office of Energy.
4. The Department of Wildlife shall, in consultation with the Office of Energy, adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:
(a) Provisions setting forth the requirements for making reasonable deposits and reimbursing the Department of Wildlife for the actual costs, not to exceed $100,000, incurred by the Department of Wildlife for providing to the Federal Government, the Public Utilities Commission of Nevada, an applicant or any county in this State any information relating to any wildlife or wildlife habitat based on the location of the energy development project for which a notice is filed pursuant to subsection 1; and
(b) Except as otherwise provided in subsection 5, any other requirements concerning the filing of a notice pursuant to subsection 1.
5. Any regulations adopted pursuant to subsection 4 must not require a person to reimburse any costs incurred by the Department of Wildlife for providing any information requested by the Federal Government, the Public Utilities Commission of Nevada or an applicant relating to an energy development project that was previously provided pursuant to paragraph (a) of subsection 4.
Sec. 8. The Department of Wildlife shall:
1. Compile and maintain detailed information concerning each energy development project for which notice is filed pursuant to section 7 of this act. The information must include, without limitation:
(a) The location of the energy development project;
(b) A description of the energy development project;
(c) The estimated energy output of the energy development project; and
(d) The amount charged for the reimbursement of costs for the energy development project in accordance with the regulations specified in subsection 4 of section 7 of this act.
2. Prepare a report:
(a) Containing the information compiled pursuant to subsection 1; and
(b) Setting forth the effect, if any, on the budget of the Department of Wildlife as a result of receiving the reimbursement of costs for providing information concerning energy development projects and the manner in which the total amount received for those costs was used by the Department of Wildlife.
3. On or before January 1 of each even-numbered year, submit the report required pursuant to subsection 2 to the Legislative Commission. On or before January 1 of each odd-numbered year, the Department of Wildlife shall submit the report required pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
Sec. 9. 1. The Energy Planning and Conservation Fund is hereby created in the State Treasury as a special revenue fund.
2. The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Fund. Any money so received must be deposited in the State Treasury for credit to the Fund.
κ2011 Statutes of Nevada, Page 2549 (CHAPTER 409, AB 307)κ
3. The Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.
4. The Director of the Department of Wildlife shall administer the Fund. The money in the Fund must be used in accordance with the State Wildlife Action Plan and used by the Department of Wildlife:
(a) To conduct surveys of wildlife;
(b) To map locations of wildlife and wildlife habitat in this State;
(c) To pay for conservation projects for wildlife and its habitat;
(d) To match any federal money for a project or program for the conservation of any species of wildlife which is of critical concern; and
(e) To coordinate carrying out the provisions of this subsection in cooperation with the Office of Energy.
5. The Department of Wildlife shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, the criteria for projects for which the Department of Wildlife may use money from the Fund.
6. As used in this section, State Wildlife Action Plan means a statewide plan prepared by the Department of Wildlife and approved by the United States Fish and Wildlife Service which sets forth provisions for the conservation of wildlife and wildlife habitat, including, without limitation, provisions for assisting in the prevention of any species of wildlife from becoming threatened or endangered.
Sec. 9.5. 1. The Fund for the Recovery of Costs is hereby created in the State Treasury as a special revenue fund.
2. All money collected by the Department of Wildlife in accordance with regulations adopted pursuant to section 7 of this act must be deposited in the State Treasury for credit to the Fund.
3. The Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested.
4. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.
5. The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Fund. Any money so received must be deposited in the State Treasury for credit to the Fund. If the Director of the Department of Wildlife receives any matching federal money which is credited to the Fund pursuant to this subsection, the amount of money credited may be transferred to the Energy Planning and Conservation Fund created by section 9 of this act.
6. The Director of the Department of Wildlife shall administer the Fund. The money in the Fund must be used by the Department of Wildlife solely:
(a) To provide to the Federal Government, the Public Utilities Commission of Nevada or any person any information relating to wildlife or wildlife habitat based on the location of an energy development project; or
(b) To match any federal money for a project or program for the conservation of any species of wildlife.
κ2011 Statutes of Nevada, Page 2550 (CHAPTER 409, AB 307)κ
Sec. 10. NRS 701.020 is hereby amended to read as follows:
701.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 701.025 to 701.090, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.
Sec. 11. NRS 701.180 is hereby amended to read as follows:
701.180 The Director shall:
1. Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation:
(a) Information relating to the Solar Energy Systems Incentive Program created pursuant to NRS 701B.240 including, without limitation, information relating to:
(1) The development of distributed generation systems in this State pursuant to participation in the Solar Energy Systems Incentive Program;
(2) The use of carbon-based energy in residential and commercial applications due to participation in the Program; and
(3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the Program; and
(b) Information relating to any money distributed pursuant to NRS 702.270.
2. Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:
(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;
(b) The amount of energy available to meet each level of demand;
(c) The probable implications of the forecast on the demand and supply of energy; and
(d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.
3. Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.
4. Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources to cooperate with the Commissioner and the Authority:
(a) To promote energy projects that enhance the economic development of the State;
(b) To promote the use of renewable energy in this State;
(c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;
(d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and
(e) If the Commissioner determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).
κ2011 Statutes of Nevada, Page 2551 (CHAPTER 409, AB 307)κ
5. Coordinate the activities and programs of the Office of Energy with the activities and programs of the Authority, the Consumers Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
6. If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.
7. Cooperate with the Department of Wildlife in carrying out the provisions of sections 6 to 9.5, inclusive, of this act.
8. Upon request by a developer of an energy development project or a local government in a county in which an energy development project is proposed to be located, coordinate discussions, not otherwise required by any existing regulatory agency, with interested parties concerning any potential effect of the energy development project.
9. Carry out all other directives concerning energy that are prescribed by the Governor.
Sec. 12. The Department of Wildlife shall, before October 1, 2011, adopt any regulations which are required by or necessary to carry out the provisions of this act.
Sec. 13. This act becomes effective:
1. Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2011, for all other purposes.
________
κ2011 Statutes of Nevada, Page 2552κ
Assembly Bill No. 404Assemblyman Oceguera
CHAPTER 410
[Approved: June 15, 2011]
AN ACT relating to state buildings; requiring the Chief of the Buildings and Grounds Division of the Department of Administration to negotiate and approve any agreements to lease office rooms for use by certain state entities; requiring certain state entities to provide the Chief with an inventory of all real property used by the entity; requiring the Chief to post on an Internet website certain information regarding certain real property owned or leased by the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Chief of the Buildings and Grounds Division of the Department of Administration is authorized to lease and equip office rooms outside of state buildings for the use of certain state officers and employees whenever sufficient space cannot be provided within state buildings. (NRS 331.110) Section 1 of this bill requires that any agreement to lease office rooms for state officers, departments, agencies, commissions or boards must be negotiated, approved and overseen by the Chief. Section 1 also requires state officers, departments, agencies, commissions and boards to provide the Chief with an inventory of all real property leased to the State that is used by the state officer, department, agency, commission or board. Section 1 further requires the Chief to post, on an Internet website, a list of real property that is leased or owned by the State, including a brief description of the property, its use and the terms of the agreement under which the property is leased by the State, except that the information must not be posted if the Chief of the Budget Division of the Department of Administration deems the information to be confidential. Such information may be deemed confidential if the state officer or public entity that uses the property requests that the information be kept confidential to maintain public safety. If the information is deemed confidential, the Chief of the Budget Division is required to inform the Chief of the Buildings and Grounds Division. Sections 2, 3 and 4 of this bill extend the requirements of section 1 to properties leased for use by the Gaming Control Board, the Department of Public Safety and the Department of Motor Vehicles, which are currently exempted from certain requirements relating to the lease or purchase of property. (NRS 463.100, 480.160, 481.055)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 331.110 is hereby amended to read as follows:
331.110 1. Except as otherwise provided [in subsection 2,] by law, the Chief of the Buildings and Grounds Division may lease and equip office rooms outside of state buildings for the use of state officers , [and employees,] departments, agencies, boards and commissions whenever sufficient space [for the officers and employees] cannot be provided within state buildings . The Chief of the Buildings and Grounds Division shall negotiate, approve and oversee any agreement to lease office rooms pursuant to this section, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners.
κ2011 Statutes of Nevada, Page 2553 (CHAPTER 410, AB 404)κ
State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.
2. [The provisions of subsection 1 do not apply to state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.] Notwithstanding any other provision of law, before the Chief of the Buildings and Grounds Division enters into any lease for office rooms for any state officer, department, agency, board or commission, the Chief of the Buildings and Grounds Division shall consider, without limitation:
(a) The reasonableness of the terms of the agreement, including, without limitation, the cost; and
(b) The availability of space for use by the state officer, department, agency, board or commission in buildings that are owned by or leased to the State.
3. Each state officer, department, agency, board and commission shall maintain and provide to the Chief of the Buildings and Grounds Division an inventory of all real property leased to the State that is occupied by or otherwise used by the state officer, department, agency, board and commission. The Division of State Lands, Department of Transportation and State Public Works Board shall maintain and provide to the Chief of the Buildings and Grounds Division an inventory of all real property owned by the State.
4. Except as otherwise provided in subsection 6, the Chief of the Buildings and Grounds Division shall post on an Internet website maintained by the State a list of all real property owned or leased by the State. Each such listing shall include, without limitation, a brief description of:
(a) The location, size and current use of the real property; and
(b) The terms of the lease, including, without limitation, the cost to the State.
5. Before submitting the inventory to the Chief of the Buildings and Grounds Division pursuant to subsection 3, a state officer, department, agency, board, commission, the Division of State Lands, Department of Transportation or State Public Works Board that uses the property may request the Chief of the Budget Division of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.
6. If the Chief of the Budget Division deems information regarding property to be confidential pursuant to subsection 5, the information concerning the property must be kept confidential and is not a public book or record within the meaning of NRS 239.010. The Chief of the Budget Division must inform the Chief of the Buildings and Grounds Division that the information is confidential and that the information must not be posted on an Internet website maintained by the State pursuant to subsection 4.
Sec. 2. NRS 463.100 is hereby amended to read as follows:
463.100 1. The Board shall keep its main office at Carson City, Nevada, in conjunction with the Commission in rooms provided by the Buildings and Grounds Division of the Department of Administration.
2. The Board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this State as the Chair of the Board deems necessary for the efficient operation of the Board. [The Chair of the Board may enter into such leases or other agreements as may be necessary to establish a branch office.]
κ2011 Statutes of Nevada, Page 2554 (CHAPTER 410, AB 404)κ
establish a branch office.] Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
Sec. 3. NRS 480.160 is hereby amended to read as follows:
480.160 1. The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Division of the Department of Administration.
2. The Department may maintain such branch offices throughout the State as the Director deems necessary for the efficient operation of the Department and the various divisions thereof. [The Director may enter into such leases or other agreements as may be necessary to establish such branch offices.] Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
Sec. 4. NRS 481.055 is hereby amended to read as follows:
481.055 1. The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Division of the Department of Administration.
2. The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions thereof. [The Director is authorized, on behalf of the Department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.] Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
Sec. 5. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2555κ
Assembly Bill No. 402Assemblyman Oceguera
CHAPTER 411
[Approved: June 15, 2011]
AN ACT relating to state financial administration; requiring a state agency to seek and obtain the approval of the State Board of Finance to enter into a contract to allow the agency to accept credit or debit cards or electronic transfers of money unless it is impracticable for the agency to enter into such a contract; authorizing the Director of the Department of Administration to enter into contracts for the benefit of all state agencies for the acceptance of credit or debit cards or electronic transfers of money, in which any state agency may participate; requiring a state agency that does not enter into such a contract or participate in a contract entered into by the Director of the Department of Administration to report periodically to the Legislative Commission and the Interim Finance Committee concerning the reasons for the failure; requiring the administration of such contracts to be coordinated with the State Treasurer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a state agency to enter into a contract for the acceptance of credit cards, debit cards or electronic transfers of money by the agency, with the approval of the State Board of Finance. (NRS 353.1465) Section 1 of this bill requires state agencies to seek and obtain such approval unless it is impracticable for the agency to enter into such a contract. A state agency may, in lieu of entering into such a contract on its own behalf, participate in a contract entered into by the Director of the Department of Administration for the benefit of all state agencies. Section 1 also authorizes the Director to enter into such contracts for the benefit of all state agencies, subject to the restrictions and procedures that currently apply to individual contracts. Finally, section 1 requires an agency that has not entered into such a contract or is not participating in an agreement entered into by the Director of the Department of Administration to report periodically to the Legislative Commission and the Interim Finance Committee concerning the reasons for the failure. Section 3 of this bill requires that the administration of such contracts be coordinated with the State Treasurer to ensure that the State Treasurer can track and reconcile payments.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a state agency shall seek and obtain the approval of the State Board of Finance to enter into a contract for the acceptance of credit cards, debit cards or electronic transfers of money pursuant to NRS 353.1465 unless it is impracticable for the agency to enter into such a contract.
2. The Director of the Department of Administration may enter into one or more contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by any state agency that chooses to participate in the contract.
κ2011 Statutes of Nevada, Page 2556 (CHAPTER 411, AB 402)κ
provide for the acceptance of credit cards, debit cards or electronic transfers of money by any state agency that chooses to participate in the contract. The Director must obtain approval of the State Board of Finance in the manner required pursuant to NRS 353.1465 for such a contract, and the contract is subject to the requirements of that section. If a state agency participates in such a contract, it is not required to seek and obtain approval to enter into a contract pursuant to subsection 1.
3. A state agency that has not entered into a contract pursuant to NRS 353.1465 or is not participating in a contract pursuant to subsection 2 shall report to the Legislative Commission and the Interim Finance Committee on or before July 1 of every even-numbered year concerning the reasons that the agency has failed to enter into or participate in such a contract, including any supporting financial information, and the efforts the agency is taking to allow it to enter into or participate in such a contract in the future.
Sec. 2. NRS 353.146 is hereby amended to read as follows:
353.146 As used in NRS 353.146 to 353.148, inclusive, and section 1 of this act, state agency means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the State Government.
Sec. 3. NRS 353.1465 is hereby amended to read as follows:
353.1465 1. Upon approval of the State Board of Finance, a state agency may enter into contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the agency:
(a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the State Treasurer for his or her review and transmittal to the State Board of Finance. The agency shall coordinate the administration of the contract with the State Treasurer to ensure that the State Treasurer is able to track and reconcile payment information pursuant to the contract.
3. Except as otherwise provided in subsection 4, if the issuer or operator charges the state agency a fee for each use of a credit card or debit card or for each electronic transfer of money, the state agency may require the cardholder or the person requesting the electronic transfer of money to pay a convenience fee when appropriate and authorized. The total convenience fees charged by the state agency in a fiscal year must not exceed the total amount of fees charged to the state agency by the issuer or operator in that fiscal year.
4. A state agency that is required to pay a fee charged by the issuer or operator for the use of a credit card or debit card or for an electronic transfer of money may, pursuant to NRS 353.148, file a claim with the Director of the Department of Administration for reimbursement of the fees paid to the issuer or operator during the immediately preceding quarter.
5. The Director of the Department of Administration shall adopt regulations providing for the submission of payments to state agencies pursuant to contracts authorized by this section. The regulations must not conflict with a regulation adopted pursuant to NRS 360.092 or 360A.020.
κ2011 Statutes of Nevada, Page 2557 (CHAPTER 411, AB 402)κ
6. As used in this section:
(a) Cardholder means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) Convenience fee means a fee paid by a cardholder or person requesting the electronic transfer of money to a state agency for the convenience of using the credit card or debit card or the electronic transfer of money to make such payment.
(c) Credit card means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(d) Debit card means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(e) Electronic transfer of money has the meaning ascribed to it in NRS 463.01473.
(f) Issuer means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
Sec. 4. This act becomes effective on January 1, 2012.
________
Assembly Bill No. 380Assemblymen Conklin, Kirkpatrick, Atkinson; Oceguera and Smith
CHAPTER 412
[Approved: June 15, 2011]
AN ACT relating to energy; revising the prospective expiration of the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program; providing for the expiration of the Solar Energy Systems Incentive Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program will expire on June 30, 2011. (NRS 701B.400-701B.890; chapter 509, Statutes of Nevada 2007, p. 2999) This bill revises the prospective expiration dates of these programs and provides that the Wind Program, the Waterpower Program and the Solar Energy Systems Incentive Program will expire on December 31, 2021.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 2558 (CHAPTER 412, AB 380)κ
Sec. 2. NRS 701.180 is hereby amended to read as follows:
701.180 The Director shall:
1. Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation [:
(a) Information relating to the Solar Energy Systems Incentive Program created pursuant to NRS 701B.240 and the Wind Energy Systems Incentive Program created pursuant to 701B.580, including, without limitation, information relating to:
(1) The development of distributed generation systems in this State pursuant to participation in the Solar Energy Systems Incentive Program;
(2) The use of carbon-based energy in residential and commercial applications due to participation in the Programs; and
(3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the Programs; and
(b) Information] , information relating to any money distributed pursuant to NRS 702.270.
2. Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:
(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;
(b) The amount of energy available to meet each level of demand;
(c) The probable implications of the forecast on the demand and supply of energy; and
(d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.
3. Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.
4. Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources to cooperate with the Commissioner and the Authority:
(a) To promote energy projects that enhance the economic development of the State;
(b) To promote the use of renewable energy in this State;
(c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;
(d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and
(e) If the Commissioner determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).
5. Coordinate the activities and programs of the Office of Energy with the activities and programs of the Authority, the Consumers Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
κ2011 Statutes of Nevada, Page 2559 (CHAPTER 412, AB 380)κ
activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
6. If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.
7. Carry out all other directives concerning energy that are prescribed by the Governor.
Secs. 3-42. (Deleted by amendment.)
Sec. 43. NRS 701B.924 is hereby amended to read as follows:
701B.924 1. The State Public Works Board shall, within 90 days after June 9, 2009, determine the specific projects to weatherize and retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and selected on the basis of the following criteria:
(a) The length of time necessary to commence the project.
(b) The number of workers estimated to be employed on the project.
(c) The effectiveness of the project in reducing energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation in [one or more of the following programs:
(1) The Solar Energy Systems Incentive Program created by NRS 701B.240;
(2)] :
(1) The Renewable Energy School Pilot Program created by NRS 701B.350;
[(3) The Wind Energy Systems Demonstration Program created by NRS 701B.580;
(4) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820; or
(5)] or
(2) An energy efficiency or energy conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
2. The board of trustees of each school district shall, within 90 days after June 9, 2009, determine the specific projects to weatherize and retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and selected on the basis of the following criteria:
(a) The length of time necessary to commence the project.
(b) The number of workers estimated to be employed on the project.
(c) The effectiveness of the project in reducing energy consumption.
(d) The estimated cost of the project.
κ2011 Statutes of Nevada, Page 2560 (CHAPTER 412, AB 380)κ
(e) Whether the project is able to be powered by or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation in [one or more of the following programs:
(1) The Solar Energy Systems Incentive Program created by NRS 701B.240;
(2)] :
(1) The Renewable Energy School Pilot Program created by NRS 701B.350;
[(3) The Wind Energy Systems Demonstration Program created by NRS 701B.580;
(4) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820; or
(5)] or
(2) An energy efficiency or energy conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
3. The Board of Regents of the University of Nevada shall, within 90 days after June 9, 2009, determine the specific projects to weatherize and retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and selected on the basis of the following criteria:
(a) The length of time necessary to commence the project.
(b) The number of workers estimated to be employed on the project.
(c) The effectiveness of the project in reducing energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation in [one or more of the following programs:
(1) The Solar Energy Systems Incentive Program created by NRS 701B.240;
(2)] :
(1) The Renewable Energy School Pilot Program created by NRS 701B.350;
[(3) The Wind Energy Systems Demonstration Program created by NRS 701B.580;
(4) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820; or
(5)] or
(2) An energy efficiency or energy conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
4. As soon as practicable after an entity described in subsections 1, 2 and 3 selects a project, the entity shall proceed to enter into a contract with one or more contractors to perform the work on the project. The request for proposals and all contracts for each project must include, without limitation:
(a) Provisions stipulating that all employees of the contractors and subcontractors who work on the project must be paid prevailing wages pursuant to the requirements of chapter 338 of NRS;
κ2011 Statutes of Nevada, Page 2561 (CHAPTER 412, AB 380)κ
(b) Provisions requiring that each contractor and subcontractor employed on each such project:
(1) Employ a number of persons trained as described in paragraph (b) of subsection 3 of NRS 701B.921 that is equal to or greater than 50 percent of the total workforce the contractor or subcontractor employs on the project; or
(2) If the Director of the Department determines in writing, pursuant to a request submitted by the contractor or subcontractor, that the contractor or subcontractor cannot reasonably comply with the provisions of subparagraph (1) because there are not available a sufficient number of such trained persons, employ a number of persons trained as described in paragraph (b) of subsection 3 of NRS 701B.921 or trained through any apprenticeship program that is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS that is equal to or greater than 50 percent of the total workforce the contractor or subcontractor employs on the project;
(c) A component pursuant to which persons trained as described in paragraph (b) of subsection 3 of NRS 701B.921 must be classified and paid prevailing wages depending upon the classification of the skill in which they are trained; and
(d) A component that requires each contractor or subcontractor to offer to employees working on the project, and to their dependents, health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS or the Employee Retirement Income Security Act of 1974.
5. The State Public Works Board, each of the school districts and the Board of Regents of the University of Nevada shall each provide a report to the Interim Finance Committee which describes the projects selected pursuant to this section and a report of the dates on which those projects are scheduled to be completed.
Secs. 44-46. (Deleted by amendment.)
Sec. 47. NRS 338.1908 is hereby amended to read as follows:
338.1908 1. The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:
(a) Be developed with input from one or more energy retrofit coordinators designated pursuant to NRS 338.1907, if any.
(b) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:
(1) The length of time necessary to commence the project.
(2) The number of workers estimated to be employed on the project.
(3) The effectiveness of the project in reducing energy consumption.
(4) The estimated cost of the project.
(5) Whether the project is able to be powered by or otherwise use sources of renewable energy.
(6) Whether the project has qualified for participation in [one or more of the following programs:
(I) The Solar Energy Systems Incentive Program created by NRS 701B.240;
(II) The] the Renewable Energy School Pilot Program created by NRS 701B.350 . [;
κ2011 Statutes of Nevada, Page 2562 (CHAPTER 412, AB 380)κ
(III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or
(IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.]
(c) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.
2. The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Nevada Energy Commissioner and to any other entity designated for that purpose by the Legislature.
3. As used in this section:
(a) Local government means each city or county that meets the definition of eligible unit of local government as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection 11 of NRS 338.010, that does not meet the definition of eligible entity as set forth in 42 U.S.C. § 17151.
(b) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:
(1) Biomass;
(2) Fuel cells;
(3) Geothermal energy;
(4) Solar energy;
(5) Waterpower; and
(6) Wind.
Κ The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
(c) Retrofit means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.
Sec. 48. (Deleted by amendment.)
Sec. 49. Section 113 of chapter 509, Statutes of Nevada 2007, at page 2999, is hereby amended to read as follows:
Sec. 113. 1. This act becomes effective:
(a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and
(b) For all other purposes besides those described in paragraph (a):
(1) For this section and sections 1, 30, 32, 36 to 46, inclusive, 49, 51 to 61, inclusive, 107, 109, 110 and 111 of this act, upon passage and approval.
(2) For sections 1.5 to 29, inclusive, 43.5, 47, 51.3, 51.7, 108, 112 and 112.5 of this act, on July 1, 2007.
(3) For sections 62 to 106, inclusive, of this act, on October 1, 2007.
(4) For sections 31, 32.3, 32.5, 32.7, 33, 34 and 35 of this act, on January 1, 2009.
(5) For section 48 of this act, on January 1, 2010.
(6) For section 50 of this act, on January 1, 2011.
κ2011 Statutes of Nevada, Page 2563 (CHAPTER 412, AB 380)κ
2. Sections 62 to [106,] 75, inclusive, 77 to 82, inclusive, 85 to 94, inclusive, and 95 to 105, inclusive, of this act expire by limitation on [June 30, 2011.] December 31, 2021.
Sec. 50. Section 13 of chapter 246, Statutes of Nevada 2009, at page 1002, is hereby amended to read as follows:
Sec. 13. 1. This act becomes effective on July 1, 2009.
2. Sections 2 and 3 of this act expire by limitation on [June 30, 2011.] December 31, 2021.
Sec. 51. Section 21 of chapter 321, Statutes of Nevada 2009, at page 1410, is hereby amended to read as follows:
Sec. 21. 1. This section and sections 1 to 1.51, inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act become effective upon passage and approval.
2. Sections 1.51, 1.85, 1.87, 1.92, 1.93, 1.95, 4.3 to 9, inclusive, and 19.4 of this act expire by limitation on [June 30, 2011.
3. Sections 1.53 and 19.8 of this act become effective on July 1, 2011.] December 31, 2021.
Sec. 52. 1. NRS 701B.010, 701B.020, 701B.030, 701B.040, 701B.050, 701B.055, 701B.060, 701B.070, 701B.080, 701B.090, 701B.100, 701B.110, 701B.120, 701B.130, 701B.140, 701B.150, 701B.160, 701B.170, 701B.180, 701B.200, 701B.210, 701B.220, 701B.230, 701B.240, 701B.250, 701B.255, 701B.260, 701B.265, 701B.280 and 701B.290 are hereby repealed.
2. Sections 1.53 and 19.8 of chapter 321, Statutes of Nevada 2009, at pages 1372 and 1408, respectively, are hereby repealed.
Sec. 53. (Deleted by amendment.)
Sec. 54. 1. This section and sections 1, 3 to 42, inclusive, 44, 45, 46, 48 to 51, inclusive, subsection 2 of section 52 and section 53 of this act become effective upon passage and approval.
2. Sections 2, 43, 47 and subsection 1 of section 52 of this act become effective on January 1, 2022.
________
κ2011 Statutes of Nevada, Page 2564κ
Assembly Bill No. 486Committee on Ways and Means
CHAPTER 413
[Approved: June 15, 2011]
AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for the replacement of critical equipment; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $677,344 for the replacement of critical equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2565κ
Assembly Bill No. 490Committee on Ways and Means
CHAPTER 414
[Approved: June 15, 2011]
AN ACT making an appropriation to the Legislative Fund for major computer projects for the Legislative Counsel Bureau; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $734,000 for major computer projects for the Legislative Counsel Bureau.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2566κ
Assembly Bill No. 491Committee on Ways and Means
CHAPTER 415
[Approved: June 15, 2011]
AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for major repair and renovation work on certain crew carriers; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $278,050 for major repair and renovation on 25 crew carriers, each of which exceed 100,000 miles.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2567κ
Assembly Bill No. 492Committee on Ways and Means
CHAPTER 416
[Approved: June 15, 2011]
AN ACT making appropriations to the Legislative Fund for dues to national organizations; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Legislative Fund for Fiscal Year 2010-2011 the sum of $349,446 for dues to national organizations.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $711,066 for dues to national organizations to be allocated as follows:
For Fiscal Year 2011-2012....................................................................... $355,083
For Fiscal Year 2012-2013....................................................................... $355,983
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. 1. This section and section 1 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2568κ
Assembly Bill No. 493Committee on Ways and Means
CHAPTER 417
[Approved: June 15, 2011]
AN ACT relating to education; extending the prospective expiration of the temporary waiver from certain requirements governing expenditures of money for textbooks, instructional supplies, instructional software and instructional hardware by school districts, charter schools and university schools for profoundly gifted pupils; providing a temporary waiver from certain requirements governing expenditures of money for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities by school districts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Education to determine the amount of money that each school district, charter school and university school for profoundly gifted pupils is required to expend during each fiscal year on textbooks, instructional supplies, instructional software and instructional hardware. (NRS 387.206) Existing law also authorizes the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils that is experiencing an economic hardship to submit a request to the Department for a waiver of all or a portion of the minimum expenditure requirements. (NRS 387.2065) Assembly Bill No. 5 of the 26th Special Session provided a temporary waiver for the 2009-2011 biennium from the minimum expenditure requirements for textbooks, instructional supplies, instructional software and instructional hardware without requiring the school districts, charter schools or university schools for profoundly gifted pupils to submit a request for such a waiver. The provisions of Assembly Bill No. 5 are scheduled to expire on June 30, 2011. (Chapter 6, Statutes of Nevada 2010, pp. 41-42) This bill extends the prospective expiration of the temporary waiver to June 30, 2013, thereby extending the temporary waiver from the minimum expenditure requirements for the 2011-2013 biennium.
Existing law requires that each school district expend each school year for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year for those items in the immediately preceding 3 years. (NRS 387.207) This bill provides a temporary waiver for the 2011-2013 biennium to each school district from these minimum expenditure requirements. The provisions of this temporary waiver apply retroactively to July 1, 2009, in the same manner as the temporary waiver on the minimum expenditure requirements for textbooks, instructional supplies, instructional software and instructional hardware applies retroactively pursuant to the provisions of Assembly Bill No. 5 of the 26th Special Session. (Chapter 6, Statutes of Nevada 2010, p. 42)
κ2011 Statutes of Nevada, Page 2569 (CHAPTER 417, AB 493)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 6, Statutes of Nevada 2010, at page 41, is hereby amended to read as follows:
Section 1. 1. Notwithstanding the provisions of NRS 387.206 , [and] 387.2065 and 387.207 to the contrary for the [2009-2011] 2011-2013 biennium:
(a) The Department of Education is not required to comply with the provisions of NRS 387.206 and 387.2065.
(b) Each school district, charter school and university school for profoundly gifted pupils is not required to comply with the provisions governing the minimum amount of money that must be expended for each fiscal year in that biennium for textbooks, instructional supplies, instructional software and instructional hardware as prescribed pursuant to NRS 387.206 and is not required to submit a request for a waiver pursuant to NRS 387.2065. The restrictions on the use of the money that would have otherwise been expended by the school district, charter school or university school for profoundly gifted pupils to meet the requirements of NRS 387.206 as set forth in subsection 7 of NRS 387.2065 apply during this period.
(c) Each school district is not required to comply with the provisions governing the minimum amount of money that must be expended for each school year in that biennium for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities as prescribed pursuant to NRS 387.207.
2. If, before the effective date of this act, the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils submitted a request for a waiver pursuant to NRS 387.2065, the Department of Education shall return the request to the applicant.
Sec. 2. Section 2 of chapter 6, Statutes of Nevada 2010, at page 42, is hereby amended to read as follows:
Sec. 2. This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2009, and expires by limitation on June 30, [2011.] 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2570κ
Assembly Bill No. 495Committee on Ways and Means
CHAPTER 418
[Approved: June 15, 2011]
AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for necessary services and equipment to transition the States Very High Frequency radio system from wideband to narrowband in accordance with the Federal Communications Commission mandate; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $162,267 for necessary services and equipment to transition the States Very High Frequency radio system from wideband to narrowband in accordance with the Federal Communications Commission mandate.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2571κ
Assembly Bill No. 497Committee on Ways and Means
CHAPTER 419
[Approved: June 15, 2011]
AN ACT making a supplemental appropriation to the Real Estate Division of the Department of Business and Industry for an unanticipated shortfall in Fiscal Year 2010-2011; making a supplemental appropriation to the Department of Business and Industry for costs associated with relocation of the Directors office; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Department of Business and Industry the sum of $213,599 to cover an unanticipated shortfall in the Real Estate Division. This appropriation is supplemental to that made by section 24 of chapter 388, Statutes of Nevada 2009, at page 2111.
Sec. 2. There is hereby appropriated from the State General Fund to the Department of Business and Industry the sum of $6,157 for costs associated with the relocation of the Directors office in Carson City. This appropriation is supplemental to that made by section 24 of chapter 388, Statutes of Nevada 2009, at page 2111.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 515Committee on Ways and Means
CHAPTER 420
[Approved: June 15, 2011]
AN ACT relating to the promotion of livestock; making various changes to the Nevada Junior Livestock Show Board; repealing the requirement that the promotion of livestock be funded by direct legislative appropriation from the State General Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, members of the Nevada Junior Livestock Show Board are entitled to receive compensation, per diem allowances and travel expenses provided for state officers and employees generally. (NRS 563.060) Section 7 of this bill repeals that provision, and section 3 of this bill prohibits members of the Board from receiving compensation, per diem allowances and travel expenses.
κ2011 Statutes of Nevada, Page 2572 (CHAPTER 420, AB 515)κ
Under existing law, one of the members of the Board must be a member of the staff of the State Board for Career and Technical Education. (NRS 563.030) Section 4 of this bill replaces that member with a person who is a secondary agriculture educator nominated by the agriculture education program professional at the Department of Education.
Existing law requires the Board to maintain possession and care of all property of the Nevada Junior Livestock Show, the Nevada Youth Livestock and Dairy Show and the Nevada State Horse Program and each year to conduct the Nevada Junior Livestock Show, the Nevada Youth Livestock and Dairy Show and the Nevada State Horse Program. (NRS 563.080, 563.100) Sections 5 and 6 of this bill delete the Nevada State Horse Program from those requirements.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. Chapter 563 of NRS is hereby amended by adding thereto a new section to read as follows:
The members of the Board serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally.
Sec. 4. NRS 563.030 is hereby amended to read as follows:
563.030 1. One member of the Board must be a member of the teaching staff of the College of Agriculture , Biotechnology and Natural Resources of the University of Nevada, Reno.
2. One member of the Board must be a member of the staff of the [Agricultural Extension Department of the Public Service Division of the Nevada System of Higher Education.] University of Nevada Cooperative Extension.
3. One member of the Board must be a [member of the staff of the State Board for Career and Technical Education.] secondary agriculture educator nominated by the agriculture education program professional at the Department of Education.
4. Four members of the Board must be persons concerned with the raising and improving of livestock in the State of Nevada, not necessarily stock raisers, selected as follows:
(a) Two persons whose interest is in cattle and sheep;
(b) One person whose interest is in [horses;] general agriculture; and
(c) One person whose interest is in dairying.
5. All members must be residents of the State of Nevada.
Sec. 5. NRS 563.080 is hereby amended to read as follows:
563.080 1. The Board shall have possession and care of all property of the Nevada Junior Livestock Show [,] and the Nevada Youth Livestock and Dairy Show [and the Nevada State Horse Program] and shall be entrusted with the direction of the entire business and financial affairs of these exhibitions.
2. The Board [shall have the power:] may:
(a) [To appoint] Appoint employees and define their duties.
(b) [To adopt] Adopt bylaws, rules and regulations for the government of the Nevada Junior Livestock Show Board, the Nevada Junior Livestock Show [,] and the Nevada Youth Livestock and Dairy Show [, the Nevada State Horse Program,] and for all exhibitions of livestock.
κ2011 Statutes of Nevada, Page 2573 (CHAPTER 420, AB 515)κ
Show [,] and the Nevada Youth Livestock and Dairy Show [, the Nevada State Horse Program,] and for all exhibitions of livestock.
(c) [To acquire] Acquire or lease real and personal property, buildings and improvements.
Sec. 6. NRS 563.100 is hereby amended to read as follows:
563.100 1. The Nevada Junior Livestock Show Board shall each year conduct the Nevada Junior Livestock Show [,] and the Nevada Youth Livestock and Dairy Show [and the Nevada State Horse Program] at places to be determined by the Board.
2. To enter any exhibition named in subsection 1, a person must : [be:]
(a) [Certified] Be certified by the State 4-H Club Leader or the [State Supervisor of Occupational Agricultural] agriculture education program professional at the Department of Education; and
(b) [Under] Be under 19 years of age except that the Board, upon considering the requirements of a specific event involved may allow entry by a person 19 years of age or older who is registered as a regular student in an animal science course under the Nevada System of Higher Education.
3. Entries of animals in any exhibition named in subsection 1 are limited to those owned or controlled according to the requirements of the exhibition.
Sec. 7. NRS 563.060 and 563.140 are hereby repealed.
Sec. 8. Any remaining balance of an appropriation made pursuant to NRS 563.140 must not be committed for expenditure after June 30, 2011, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 9. Notwithstanding the amendatory provisions of this act, the member of the Nevada Junior Livestock Show Board who is a member of the staff of the Agricultural Extension Department of the Public Service Division of the Nevada System of Higher Education pursuant to subsection 2 of NRS 563.030 and the member of that Board who is a member of the staff of the State Board for Career and Technical Education appointed pursuant to subsection 3 of NRS 563.030 on July 1, 2011, and who are otherwise qualified to serve as members of that Board on that date may continue to serve for the remainder of their respective unexpired terms or until their respective successors are appointed pursuant to subsections 2 and 3 of NRS 563.030, as amended by section 4 of this act, whichever occurs first.
Sec. 10. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2574κ
Assembly Bill No. 563Committee on Ways and Means
CHAPTER 421
[Approved: June 15, 2011]
AN ACT relating to programs for public personnel; establishing for the next biennium the amount to be paid to the Public Employees Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill establishes the amount of the States share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees Benefits Program. Section 2 of this bill establishes the base amount that is used to calculate the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 of this bill also establishes the base amount that is used to calculate the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees and provides for an increase to that base amount in Fiscal Year 2012-2013 if the Board of the Program determines that additional reserves of the Program are available for this purpose.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. For the purposes of NRS 287.044 and 287.0445, the States share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees Benefits Program is:
(a) For the Fiscal Year 2011-2012, $644.81 per month.
(b) For the Fiscal Year 2012-2013, $733.64 per month.
2. If the amount of the States share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees Benefits Program through such a state officer or employee.
Sec. 2. 1. Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees Benefits Program is:
(a) For the Fiscal Year 2011-2012, $418.41 per month.
(b) For the Fiscal Year 2012-2013, $472.64 per month.
κ2011 Statutes of Nevada, Page 2575 (CHAPTER 421, AB 563)κ
2. For the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2011-2012 and Fiscal Year 2012-2013 is:
(a) For those persons who retired before January 1, 1994, $150 per month.
(b) For those persons who retired on or after January 1, 1994, $10 per month per year of service, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $200 per month.
Κ For Fiscal Year 2012-2013, the amounts specified in paragraphs (a) and (b) may be increased by an amount based on the percentage increase in the premium for Part B of the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., between the calendar year ending on December 31, 2011, and the calendar year ending on December 31, 2012, which must be rounded to the nearest dollar. The amount of such an increase must be paid from the reserves of the Program if the Board of the Program determines that reserves in excess of the actuarially required reserves of the Program are available for this purpose.
3. No money may be paid by the State Retirees Health and Welfare Benefits Fund created by NRS 287.0436 on behalf of a person who is initially hired by the State on or after January 1, 2010, and who:
(a) Has not participated in the Program on a continuous basis since his or her retirement from such employment; or
(b) Does not have at least 15 years of service credit upon retirement, unless the person does not have at least 15 years of service credit as a result of a disability for which disability benefits are received under the Public Employees Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and has participated in the Program on a continuous basis since his or her retirement from such employment.
4. If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees Benefits Program created by NRS 287.0435.
Sec. 3. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2576κ
Assembly Bill No. 574Committee on Ways and Means
CHAPTER 422
[Approved: June 15, 2011]
AN ACT relating to breaches of contracts for public works; revising the provisions of Assembly Bill No. 144 of this session relating to a material breach of certain contracts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that, for a contractor, applicant or design-build team to receive a preference in bidding for a contract for a public work, the contract must include a provision which requires the contractor, applicant or design-build team to comply with five specified conditions and provides that failure to comply with any of those five conditions is a material breach of the contract that entitles the public body to damages in the amount of 10 percent of the cost of the contract. (Section 2 of Assembly Bill No. 144 of the 2011 Legislative Session) This bill provides that the public body is entitled to liquidated damages in the amount of 1 percent of the contract or subcontract for the public work entered into by the party that caused a failure to comply with any of the five specified conditions. This bill also allows the public body to recover the damages directly from the party that caused a failure to comply with any of the five specified conditions. Finally, this bill provides that the condition which requires that at least 25 percent of the suppliers of materials for the public work be located in this State does not apply when the public body requires the acquisition of materials or equipment that cannot be obtained from a supplier located in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of Assembly Bill No. 144 of this session is hereby amended to read as follows:
Sec. 2. 1. To qualify to receive a preference in bidding pursuant to subsection 2 of NRS 338.1389, subsection 2 of NRS 338.147, subsection 3 of NRS 338.1693, subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, a contractor, an applicant or a design-build team, respectively, must submit to the public body sponsoring or financing a public work a signed affidavit which certifies that, for the duration of the project:
(a) At least 50 percent of all workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid drivers license or identification card issued by the Department of Motor Vehicles;
(b) All vehicles used primarily for the public work will be:
(1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or
(2) Registered in this State;
κ2011 Statutes of Nevada, Page 2577 (CHAPTER 422, AB 574)κ
(c) At least 50 percent of the design professionals working on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will have a valid drivers license or identification card issued by the Department of Motor Vehicles;
(d) At least 25 percent of the suppliers of the materials used for the public work will be located in this State [;] unless the public body requires the acquisition of materials or equipment that cannot be obtained from a supplier located in this State; and
(e) The contractor, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.
2. Any contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 must:
(a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (e), inclusive, of subsection 1; and
(b) Provide that a failure to comply with any requirement of paragraphs (a) to (e), inclusive, of subsection 1 is a material breach of the contract and entitles the public body to liquidated damages [in the amount of 10 percent of the cost of the contract.] only as provided in subsections 5 and 6.
3. A person or entity who believes that a contractor, applicant or design-build team has obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 may file a written objection with the public body for which the contractor, applicant or design-build team is performing the public work. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1.
4. If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection. If the public body determines that the objection is accompanied by the required proof or substantiating evidence or if the public body determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 exists, the public body shall determine whether the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 and the public body or its authorized representative may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.
κ2011 Statutes of Nevada, Page 2578 (CHAPTER 422, AB 574)κ
5. A public body may recover , by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1, liquidated damages as described in [paragraph (b) of] subsection [2] 6 for a breach of a contract for a public work caused by a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1. If a public body recovers liquidated damages pursuant to this subsection for a breach of a contract for a public work, the public body shall report to the State Contractors Board the date of the breach, the name of each entity which breached the contract and the cost of the contract. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.
6. If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor or supplier and each contract between a subcontractor and a subcontractor or supplier must provide [for the apportionment of liquidated damages assessed pursuant to subsection 5 if a person other than the contractor was responsible for the breach of a contract for a public work caused by a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1. The apportionment of liquidated damages must be in proportion to the responsibility of each party for the breach.] that:
(a) If a party to the contract causes a material breach of the contract between the contractor, applicant or design-build team and the public body as a result of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1, the party is liable to the public body for liquidated damages in the amount of 1 percent of the cost of the largest contract to which he or she is a party;
(b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that causes the material breach; and
(c) No other party to the contract is liable to the public body for liquidated damages.
7. A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include information on each contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 , including, without limitation, the name of the contractor, applicant or design-build team who was awarded the contract, the cost of the contract, a brief description of the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (e), inclusive, of subsection 1.
κ2011 Statutes of Nevada, Page 2579 (CHAPTER 422, AB 574)κ
the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (e), inclusive, of subsection 1.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 75Select Committee on Economic Growth and Employment
CHAPTER 423
[Approved: June 16, 2011]
AN ACT relating to public financial administration; establishing a program to provide private equity funding to businesses engaged in certain industries in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State is prohibited from donating or loaning state money or credit, or subscribing to or being interested in the stock of any company, association or corporation, except a corporation that is formed for educational or charitable purposes. (Nev. Const. Art. 8, § 9) Existing law also requires the State Treasurer to negotiate for the investment of money in the State Permanent School Fund. However, the State Treasurer is prohibited from making certain investments unless he or she obtains a judicial determination that such an investment does not violate the provisions of Section 9 of Article 8 of the Nevada Constitution. (NRS 355.060)
Section 5.3 of this bill requires the State Treasurer to form an independent corporation for public benefit, the purpose of which is to act as a limited partner of limited partnerships or a shareholder or member of limited-liability companies that provide private equity funding to businesses that engage in certain industries. Section 5.3 further enacts provisions governing the composition and duties and responsibilities of the board of directors of the corporation for public benefit. Sections 6 and 8 of this bill authorize the State Treasurer to invest an amount not to exceed $50 million of the money in the State Permanent School Fund to provide private equity funding to businesses engaged in certain industries that are located or seeking to locate in Nevada. Section 7 of this bill prescribes the duties and powers of the State Treasurer with respect to the adoption of regulations and the implementation of the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, NRS 355.060 authorizes the State Treasurer to invest money in the State Permanent School Fund in certain investments; and
Whereas, The State Treasurer seeks to invest money in the State Permanent School Fund in accordance with sound and prudent investment principles which include a primary emphasis on the preservation of assets followed by an emphasis on return; and
κ2011 Statutes of Nevada, Page 2580 (CHAPTER 423, SB 75)κ
Whereas, A greater return on Permanent School Fund money invested by the State Treasurer will have a direct beneficial impact on Nevada schools and students; and
Whereas, The availability of private equity funding for investment in health care and life sciences, cyber security, homeland security and defense, alternative energy, advanced materials and manufacturing, information technology and other industries critical to economic development in this State would assist the State of Nevada in diversifying the economic base of the State; and
Whereas, The availability of private equity funding for investment in health care and life sciences, cyber security, homeland security and defense, alternative energy, advanced materials and manufacturing, information technology and other industries critical to economic development in this State would attract new businesses and investment to the State of Nevada, resulting in high-paying, quality jobs; and
Whereas, The availability of private equity funding for investment in health care and life sciences, cyber security, homeland security and defense, alternative energy, advanced materials and manufacturing, information technology and other industries critical to economic development in this State would create greater exposure for institutions of the Nevada System of Higher Education through expanded projects designed around health care and life sciences, cyber security, homeland security and defense, alternative energy, advanced materials and manufacturing, information technology and other industries critical to economic development in this State; and
Whereas, The availability of private equity funding for investment in health care and life sciences, cyber security, homeland security and defense, alternative energy, advanced materials and manufacturing, information technology and other industries critical to economic development in this State would encourage innovation and cooperation among institutions of the Nevada System of Higher Education and private sector businesses located in the State of Nevada; and
Whereas, The availability of private equity funding for investment in health care and life sciences, cyber security, homeland security and defense, alternative energy, advanced materials and manufacturing, information technology other industries critical to economic development in this State would increase the ability of institutions of the Nevada System of Higher Education, businesses in the State of Nevada and nonprofit corporations and organizations in the State of Nevada to compete more successfully for federal and private research and development funding; and
Whereas, The availability of private equity funding for investment in health care and life sciences research and development would provide for advanced medical care being available to people living in and visiting the State of Nevada; and
Whereas, The State of Nevada, through the establishment of methods to provide private equity funding to businesses in this State, would provide economic growth and world-class medical care and training and would assist in the creation of high-paying, quality jobs for people living in the State of Nevada; now, therefore,
κ2011 Statutes of Nevada, Page 2581 (CHAPTER 423, SB 75)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3.7, 4 and 4.5 of this act have the meanings ascribed to them in those sections.
Secs. 3 and 3.5. (Deleted by amendment.)
Sec. 3.7. Corporation for public benefit means a corporation that is recognized as exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, future amendments to that section and the corresponding provisions of future internal revenue laws.
Sec. 4. Private equity funding means an investment in or a purchase of securities in operating businesses that are not publicly traded on a stock exchange.
Sec. 4.5. Venture capital means equity, near-equity and seed capital financing, including, without limitation, early stage research and development capital for start-up enterprises, and other equity, near-equity or seed capital for growth and expansion of entrepreneurial enterprises.
Sec. 5. (Deleted by amendment.)
Sec. 5.3. 1. The State Treasurer shall cause to be formed in this State an independent corporation for public benefit, the general purpose of which is to act as a limited partner of limited partnerships or a shareholder or member of limited-liability companies that provide private equity funding to businesses:
(a) Located in this State or seeking to locate in this State; and
(b) Engaged primarily in one or more of the following industries:
(1) Health care and life sciences.
(2) Cyber security.
(3) Homeland security and defense.
(4) Alternative energy.
(5) Advanced materials and manufacturing.
(6) Information technology.
(7) Any other industry that the board of directors of the corporation for public benefit determines will likely meet the targets for investment returns established by the corporation for public benefit for investments authorized by sections 2 to 7, inclusive, of this act and comply with sound fiduciary principles.
2. The corporation for public benefit created pursuant to subsection 1 must have a board of directors consisting of:
(a) Five members from the private sector who have at least 10 years of experience in the field of investment, finance or banking and who are appointed for a term of 4 years as follows:
(1) One member appointed by the Governor;
(2) One member appointed by the Senate Majority Leader;
(3) One member appointed by the Speaker of the Assembly;
(4) One member appointed by the Senate Minority Leader; and
(5) One member appointed by the Assembly Minority Leader;
(b) The Chancellor of the Nevada System of Higher Education or his or her designee;
(c) The State Treasurer; and
κ2011 Statutes of Nevada, Page 2582 (CHAPTER 423, SB 75)κ
(d) With the approval a majority of the members of the board of directors described in subparagraphs (1), (2) and (3), up to 5 additional members who are direct investors in the corporation for public benefit.
3. Vacancies in the appointed positions on the board of directors of the corporation for public benefit created pursuant to subsection 1 must be filled by the appointing authority for the unexpired term.
4. The State Treasurer shall serve as chair of the board of directors of the corporation for public benefit created pursuant to subsection 1.
5. The members of the board of directors of the corporation for public benefit must serve without compensation but are entitled to be reimbursed for actual and necessary expenses incurred in the performance of their duties, including, without limitation, travel expenses.
6. A member of the board of directors of the corporation for public benefit created pursuant to subsection 1 must not have an equity interest in any:
(a) External asset manager or venture capital or private equity investment firm contracting with the board pursuant to section 5.7 of this act; or
(b) Business which receives private equity funding pursuant to sections 2 to 7, inclusive, of this act.
7. The board of directors of the corporation for public benefit created pursuant to subsection 1 shall:
(a) Comply with the provisions of chapter 281A of NRS.
(b) Meet at least quarterly and conduct any meetings of the board of directors in accordance with chapter 241 of NRS.
(c) Review the performance of all external asset managers and venture capital and private equity investment firms contracting with the corporation for public benefit pursuant to section 5.7 of this act.
(d) On or before December 1 of each year, provide an annual report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year or to the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:
(1) An accounting of all money received and expended by the corporation for public benefit, including, without limitation, any matching grant funds, gifts or donations; and
(2) The name and a brief description of all businesses receiving an investment of money pursuant to the provisions of sections 2 to 7, inclusive, of this act.
Sec. 5.7. 1. The corporation for public benefit may place investments through the use or assistance of:
(a) External asset managers; or
(b) Private equity investment firms.
2. Money received pursuant to section 6 of this act by the corporation for public benefit may be used to make venture capital investments.
Sec. 6. If the State Treasurer obtains the judicial determination required by subsection 3 of NRS 355.060, the State Treasurer may transfer an amount not to exceed $50 million from the State Permanent School Fund to the corporation for public benefit. Such a transfer must be made pursuant to an agreement that requires the corporation for public benefit to:
κ2011 Statutes of Nevada, Page 2583 (CHAPTER 423, SB 75)κ
1. Provide, through the limited partnerships or limited-liability companies described in subsection 1 of section 5.3 of this act, private equity funding; and
2. Ensure that at least 70 percent of all private equity funding provided by the corporation for public benefit is provided to businesses:
(a) Located in this State or seeking to locate in this State; and
(b) Engaged primarily in one or more of the following industries:
(1) Health care and life sciences.
(2) Cyber security.
(3) Homeland security and defense.
(4) Alternative energy.
(5) Advanced materials and manufacturing.
(6) Information technology.
(7) Any other industry that the board of directors of the corporation for public benefit determines will likely meet the targets for investment returns established by the corporation for public benefit for investments authorized by sections 2 to 7, inclusive, of this act and comply with sound fiduciary principles.
Sec. 7. The State Treasurer:
1. May adopt such regulations as he or she deems necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
2. Shall adopt regulations:
(a) Requiring the performance of audits and the submission of reports to ensure compliance with the provisions of sections 2 to 7, inclusive, of this act and the regulations adopted pursuant to this section;
(b) Providing for appropriate leveraging of investments to ensure that investments consist of money transferred from the State Permanent School Fund pursuant to section 6 of this act and money from private sources;
(c) Establishing a range or cap on servicing fees;
(d) Establishing limits on the amount or percentage of investment in a single venture capital project or by a fund manager; and
(e) Requiring the return of the corpus of investments after a defined investment period.
3. May adopt regulations which include, without limitation, criteria for determining eligibility for and use of private equity funding, but the Commission must have sole authority for the approval of applications for and the management of private equity funding provided pursuant to sections 2 to 7, inclusive, of this act.
4. May, by regulation, establish a Business Leadership Council. The members of the Business Leadership Council must serve without compensation and are subject to the provisions of chapter 281A of NRS.
5. Shall provide the corporation for public benefit with such assistance as is necessary to carry out the provisions of sections 2 to 7, inclusive, of this act and comply with the regulations adopted pursuant to this section.
6. Shall ensure that businesses receiving venture capital investments pursuant to sections 2 to 7, inclusive, of this act have a presence in this State as evidenced by:
(a) Being domiciled in this State;
(b) Having a headquarters in this State;
(c) Having a significant percentage of employees residing in this State; or
κ2011 Statutes of Nevada, Page 2584 (CHAPTER 423, SB 75)κ
(d) Being in the process of expanding in this State or relocating to this State.
Sec. 8. NRS 355.060 is hereby amended to read as follows:
355.060 1. The State Controller shall notify the State Treasurer monthly of the amount of uninvested money in the State Permanent School Fund.
2. Whenever there is a sufficient amount of money for investment in the State Permanent School Fund, the State Treasurer shall proceed to negotiate for the investment of the money in:
(a) United States bonds.
(b) Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States.
(c) Bonds of this state or of other states.
(d) Bonds of any county of the State of Nevada.
(e) United States treasury notes.
(f) Farm mortgage loans fully insured and guaranteed by the [Farmers Home Administration] Farm Service Agency of the United States Department of Agriculture.
(g) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
(h) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
(i) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the State Permanent School Fund;
(4) Except for investments made pursuant to paragraph (k), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the State Permanent School Fund; and
(5) Except for investments made pursuant to paragraph (k), the total amount of shares owned by the State Permanent School Fund is not greater than 5 percent of the outstanding stock of a single corporation.
κ2011 Statutes of Nevada, Page 2585 (CHAPTER 423, SB 75)κ
(j) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the State Permanent School Fund.
(k) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (j), inclusive.
(l) The limited partnerships or limited-liability companies described in section 6 of this act.
3. The State Treasurer shall not invest any money in the State Permanent School Fund pursuant to paragraph (i), (j) or (k) of subsection 2 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to paragraph (i), (j) or (k) of subsection 2. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
4. In addition to the investments authorized by subsection 2, the State Treasurer may make loans of money from the State Permanent School Fund to school districts pursuant to NRS 387.526.
5. No part of the State Permanent School Fund may be invested pursuant to a reverse-repurchase agreement.
________
κ2011 Statutes of Nevada, Page 2586κ
Senate Bill No. 11Committee on Finance
CHAPTER 424
[Approved: June 16, 2011]
AN ACT relating to public school finance; directing the Legislative Commission to appoint a committee to conduct an interim study concerning the development of a new method for funding public schools in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Nevada Plan for School Finance provides for the financial support of the school districts, charter schools and university schools for profoundly gifted pupils. The formula in the Nevada Plan is expressed as: State financial aid to school districts equals the difference between school district basic support guarantee and local available funds produced by mandatory taxes minus all the local funds attributable to pupils who reside in the county but attend a charter school or a university school for profoundly gifted pupils. (NRS 387.121) Section 22 of this bill directs the Legislative Commission to appoint a committee to conduct an interim study concerning the development of a new method for funding public schools in Nevada.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-20. (Deleted by amendment.)
Sec. 21. The Legislature hereby finds and declares that:
1. In 1967, the Legislature, as a response to circumstances prevailing at the time and to allow the State to fulfill its responsibility to appropriately fund public schools, adopted a new method, known as the Nevada Plan, for funding public schools;
2. By considering and adopting the Nevada Plan, the Legislature recognized that changing circumstances in the State and changes in the student population in the State would necessitate changes to the Nevada Plan;
3. In 2011, the State and its public schools face remarkably different conditions than in 1967;
4. Nevada is home to both one of the largest school districts in the nation and one of the smallest school districts in the nation;
5. The educational needs and demographic characteristics of students in the public schools vary widely and have disparate impacts on the ability of each student to have a quality education;
6. The fundamental purpose of the States public education system is to ensure a reasonably equal opportunity for each student to have a quality education;
7. The needs and characteristics of each student have a direct influence on the ability of that student to take advantage of an opportunity for a quality education;
κ2011 Statutes of Nevada, Page 2587 (CHAPTER 424, SB 11)κ
8. Recent education reforms, including the adoption of common core standards, the advancement of empowerment schools and charter schools, the creation of the Teachers and Leaders Council of Nevada and other important advancements in the public education system will enhance the ability of public schools to meet the needs of individual students;
9. Such reforms are specifically designed to improve and advance the purpose of the States public education system and to help prepare students for higher education and for careers;
10. The success of these reforms depends on a funding method that effectively meets the variety of individual student needs and characteristics inherent in an ever-growing and increasingly diverse student body;
11. Recent economic problems in the State have illustrated the necessity of using every public dollar to its maximum benefit;
12. Many other states use funding systems based on individual student needs and characteristics to advance their goals regarding student achievement; and
13. A new method for funding public schools in this State is necessary to continue to improve and advance the purpose of the States public education system.
Sec. 22. 1. The Legislative Commission shall appoint a committee to conduct an interim study concerning the development of a new method for funding public schools in this State.
2. The committee must be composed of six Legislators as follows:
(a) Three members appointed by the Majority Leader of the Senate, at least one of whom must be appointed from the membership of the Senate Standing Committee on Education during the 76th Session of the Nevada Legislature; and
(b) Three members appointed by the Speaker of the Assembly, at least one of whom must be appointed from the membership of the Assembly Standing Committee on Education during the 76th Session of the Nevada Legislature.
3. The committee shall consult with and solicit input from individuals and organizations with expertise in matters relevant to the purpose of developing a new method for funding public schools in this State.
4. Any such method proposed by the committee must:
(a) Be consistent with the constitutional responsibility of the Legislature to provide for a uniform system of common schools; and
(b) Account for, and be based on, differences in the needs and characteristics of individual students.
5. The committee shall submit a report on its findings, including, without limitation, any proposed methods for funding public schools in this State and any recommendations for legislation, to the 77th Session of the Nevada Legislature.
6. The committee shall carry out the duties of this section only to the extent that money is available to do so from sources including, without limitation, gifts, grants and donations.
Sec. 23. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2588κ
Senate Bill No. 136Senator Rhoads (by request)
CHAPTER 425
[Approved: June 16, 2011]
AN ACT relating to financial organizations; revising provisions governing the period that a bank may hold certain real property; removing provisions requiring a bank annually to charge off a certain percentage of the value of certain real property held by the bank and acquired as a result of a debt owed to the bank; revising provisions governing the review of certain applications for licensure by the Commissioner of Financial Institutions; revising provisions relating to the control of a retail trust company; revising provisions governing the assets which certain trust companies are required to maintain; revising provisions governing applications for a license to operate a retail trust company; authorizing certain persons to appeal certain decisions of the Commissioner; revising the period after which certain property is presumed to be abandoned; requiring the State Controller to develop and operate with financial institutions a data-match system for the collection of certain debts owed to the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a bank to hold real property that the bank acquires through the collection of debts owed to it for up to 10 years, and section 1 of this bill reduces that period to 5 years, except that a bank may request an extension of that period from the Commissioner of Financial Institutions of not more than 5 years. Existing law also requires a bank to charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage if so required by the Commissioner. (NRS 662.015) Section 1 removes the requirement that a bank annually charge off a certain percentage of the value of such real property.
Existing law charges the Commissioner with certain duties and responsibilities related to retail trust companies, including investigating companies that apply for licensure as a retail trust company, issuing licenses to qualified companies to operate as a retail trust company and removing from office an officer, director, manager or employee of a retail trust company for certain conduct. (NRS 657.180, 669.085, 669.090, 669.130, 669.150, 669.160, 669.281) Section 3 of this bill requires the Commissioner to consider certain criteria related to the potential long-term success of a trust company before approving the companys application for licensure to operate as a retail trust company. Section 4 of this bill requires a person who intends to obtain control of a retail trust company to submit an application for licensure to the Commissioner. Section 7 of this bill requires the Commissioner to provide to an applicant for licensure as a retail trust company written notice of any grounds for denial of an application and authorizes the applicant to cure any defect or deficiency in the application and resubmit the application within a certain period. Section 8 of this bill provides that a person who is removed from office by the Commissioner may appeal his or her removal from office within a certain period.
κ2011 Statutes of Nevada, Page 2589 (CHAPTER 425, SB 136)κ
Existing law requires a retail trust company to maintain at least 50 percent of its required stockholders equity in cash, unless the Commissioner approves a different amount, with the remaining amount to be held in the form of readily marketable securities or certain other assets that may be approved by the Commissioner. Existing law also requires a noncustodial trust company to maintain 50 percent of its required minimum capital in cash. (NRS 669.100) Section 6 of this bill requires a retail trust company to maintain a certain amount of its required stockholders equity in the form of cash or certain cash equivalents and authorizes a retail trust company to hold the remaining amount of the required stockholders equity in the form of readily marketable securities or certain other assets upon the approval of the Commissioner. Section 6 further requires that bonds or other evidence of indebtedness held by a retail trust company as part of its required stockholders equity meet certain investment standards. Section 6 also requires a noncustodial trust company to maintain 25 percent of its required minimum capital in the form of cash.
Section 8.5 of this bill reduces from 3 years to 2 years the period after which unclaimed property is presumed to be abandoned property if the holder of the property reported holding more than $10 million in property presumed abandoned on the most recent report filed by the holder.
Section 10 of this bill requires the State Controller to develop and operate a system for matching data to collect outstanding debts owed to the State. Financial institutions in this State must provide to the State Controller information on persons who maintain accounts at the financial institution and are identified by the State Controller as owing outstanding debts to the State. Financial institutions are then required to encumber certain assets held in the financial institution by the debtors to pay their debts.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations and limited-liability companies, a bank may:
(a) Exercise by its board of directors, managers or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking by:
(1) Discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness;
(2) Receiving deposits;
(3) Buying and selling exchange, coin and bullion; and
(4) Loaning money on personal security or real and personal property.
Κ At the time of making loans, banks may take and receive interest or discounts in advance.
(b) Adopt regulations for its own government not inconsistent with the Constitution and laws of this State.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearinghouse association and pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the Commissioner.
κ2011 Statutes of Nevada, Page 2590 (CHAPTER 425, SB 136)κ
Commissioner. The Commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for national banks is eliminated or modified.
(g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations adopted by the Commissioner.
(h) Unless otherwise specifically prohibited by federal law, sell annuities if licensed by the Commissioner of Insurance.
2. A bank may purchase, hold and convey real property:
(a) As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion. This investment must not exceed, except as otherwise provided in this section, 60 percent of its stockholders or members equity, plus subordinated capital notes and debentures. The Commissioner may authorize any bank located in a city whose population is more than 10,000 to invest more than 60 percent of its stockholders or members equity, plus subordinated capital notes and debentures, in its banking offices, furniture and fixtures.
(b) As is mortgaged to it in good faith by way of security for loans made or money due to the bank.
(c) As is permitted by NRS 662.103.
3. This section does not prohibit any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it. [Any] Except as otherwise provided in subsection 4, real property acquired through the collection of debts due it may not be held for longer than [10] 5 years. It must be sold at private or public sale within 30 days thereafter. [During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the Commissioner may require.]
4. A bank may request and the Commissioner may grant an extension of the period described in subsection 3 of not more than 5 years. The Commissioner shall not grant a bank more than one extension of the period prescribed in subsection 3 for any real property held by the bank.
Sec. 2. NRS 669.083 is hereby amended to read as follows:
669.083 1. A retail trust company licensed in this State shall maintain its principal office in this State.
2. The conditions for a retail trust company to fulfill the requirements of subsection 1 include, but are not limited to:
(a) A verifiable physical office in this State that conducts such business operations in this State as are necessary to administer trusts in this State;
(b) The presence of an employee that is a resident of Nevada in the principal office who has experience that is satisfactory to the Commissioner in accepting and administering trusts;
(c) Maintenance of originals or true copies of all material business records and accounts of the retail trust company which may be accessed and are readily available for examination by the Division of Financial Institutions;
(d) Maintenance of any cash as a portion of the required [cash portion of the] stockholders equity pursuant to NRS 669.100 in accounts with one or more banks or other financial institutions located in this State;
κ2011 Statutes of Nevada, Page 2591 (CHAPTER 425, SB 136)κ
(e) The provision of services to residents of this State consistent with the business plan provided by the trust company with its license application; and
(f) Such other conditions that the Commissioner may reasonably require to protect the public interest.
Sec. 3. NRS 669.085 is hereby amended to read as follows:
669.085 1. [The Commissioner may conduct a pre-opening examination of a retail trust company and, in] In rendering a decision on an application for a license as a retail trust company, the Commissioner shall consider:
(a) The proposed market or markets to be served and, if they extend outside of this State, any exceptional risk, examination or supervision concerns associated with such markets;
(b) Whether the proposed organizational and capital structure and the amount of initial capital appear adequate in relation to the proposed business and market or markets, including, without limitation, the average level of assets under management and administration projected for each of the first 3 years of operation;
(c) [Whether the anticipated volume and nature of business indicate a reasonable probability of success and profitability based on the market or markets proposed to be served;
(d)] Whether the proposed officers and directors or managers of the proposed retail trust company, as a group, have sufficient experience, ability, standing and competence and whether each individually has sufficient trustworthiness and integrity to justify a belief that the proposed retail trust company will be free from improper or unlawful influence and otherwise will operate in compliance with the law and applicable fiduciary duties and that success of the proposed retail trust company is reasonably probable;
[(e)] (d) Whether any investment services to trusts, estates, charities, employee benefit plans and other fiduciary accounts or to natural persons, partnerships, limited-liability companies and other entities, including, without limitation, providing investment advice with or without discretion or selling investments in or investment products of affiliated or nonaffiliated persons, will be conducted in compliance with all applicable fiduciary standards, including, without limitation, NRS 164.700 to 164.775, inclusive, the duty of loyalty and disclosure of material information;
[(f)] (e) Whether the proposed retail trust company will be exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., and any similar state laws in each state where it would otherwise be required to register and, if not, whether it will comply with such registration requirements before commencing business and thereafter will comply with all federal and state laws and regulations applicable to it, its employees and representatives as a registrant under such laws;
[(g)] (f) Whether the proposed retail trust company will obtain suitable annual audits by qualified outside auditors of its books and records and its fiduciary activities under applicable account rules and standards as well as suitable internal audits; and
[(h)] (g) Any other factors that the Commissioner may reasonably require.
2. The Commissioner may require a retail trust company to maintain capital in excess of the minimum required either initially or at any subsequent time based on the Commissioners assessment of the risks associated with the retail trust companys business plan or any other circumstances revealed in the application, the Commissioners investigation of the application or any examination of or filing by the retail trust company thereafter, including any examination before the opening of the retail trust company for business.
κ2011 Statutes of Nevada, Page 2592 (CHAPTER 425, SB 136)κ
circumstances revealed in the application, the Commissioners investigation of the application or any examination of or filing by the retail trust company thereafter, including any examination before the opening of the retail trust company for business. In making such a determination, the Commissioner may consider:
(a) The nature and type of business proposed to be conducted by the retail trust company;
(b) The nature and liquidity of assets proposed to be held in its own account;
(c) The amount of fiduciary assets projected to be under management or under administration of the retail trust company;
(d) The type of fiduciary assets proposed to be held and any proposed depository of such assets;
(e) The complexity of fiduciary duties and degree of discretion proposed to be undertaken by the retail trust company;
(f) The competence and experience of proposed management of the retail trust company;
(g) The extent and adequacy of proposed internal controls;
(h) The proposed presence or absence of annual audits by an independent certified public accountant, and the scope and frequency of such audits, whether they result in an opinion of the accountant and any qualifications to the opinion;
(i) The reasonableness of business plans for retaining or acquiring additional equity capital;
(j) The existence and adequacy of insurance proposed to be obtained by the retail trust company for the purpose of protecting its fiduciary assets;
(k) The success of the retail trust company in achieving the financial projections submitted with its licensing application;
(l) The fulfillment by the retail trust company of its representations and its descriptions of its business structures and methods and management set forth in its licensing application; and
(m) Any other factor that the Commissioner may require.
Sec. 4. NRS 669.087 is hereby amended to read as follows:
669.087 1. A license issued pursuant to this chapter is not transferable or assignable [. Upon] , but upon approval of the Commissioner, a licensee may merge or consolidate with, or transfer its assets and control to, another entity that has been issued a license under this chapter. In making a determination regarding whether to grant such approval, the Commissioner may consider the factors set forth in paragraphs (a) to (m), inclusive, of subsection 2 of NRS 669.085.
2. If there is a change in control of any retail trust company, the chief executive officer or managing member of the retail trust company shall report the fact and the person obtaining control to the Commissioner within 5 business days after obtaining knowledge of the change.
3. A retail trust company shall, within 5 business days after there is a change in the chief executive officer, managing member or a majority of the directors or managing directors of the retail trust company, report the change to the Commissioner. The retail trust company shall include in its report a statement of the past and current business and professional affiliations of each new chief executive officer, managing member, director or managing director. A new chief executive officer, managing member, director or managing director shall furnish to the Commissioner a complete financial statement on a form prescribed by the Commissioner.
κ2011 Statutes of Nevada, Page 2593 (CHAPTER 425, SB 136)κ
managing director shall furnish to the Commissioner a complete financial statement on a form prescribed by the Commissioner.
4. A person who [acquires] intends to acquire control [as a result of a change of control] of a retail trust company shall submit an application to the Commissioner. The application must be submitted on a form prescribed by the Commissioner. The Commissioner shall conduct an investigation pursuant to NRS 669.160 to determine whether the person has a good reputation for honesty, trustworthiness and integrity and is competent to [transact the business of a] control the trust company in a manner which protects the interests of the general public.
5. The retail trust company with which the applicant described in subsection 4 is affiliated shall pay the nonrefundable cost of the investigation as the Commissioner requires. If the Commissioner denies the application, the Commissioner may forbid or limit the applicants participation in the business of the trust company.
6. As used in this section, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of a retail trust company, or a change in the ownership of at least 25 percent of the outstanding voting stock of, or participating members interest in, a retail trust company.
Sec. 5. NRS 669.092 is hereby amended to read as follows:
669.092 1. It is unlawful for any retail trust company licensed in this State to engage in trust company business at any office outside this State without the prior approval of the Commissioner.
2. Before the Commissioner will approve a branch to be located in another state, the retail trust company must:
(a) Obtain from that state a license as a trust company; or
(b) [Meet] Provide proof satisfactory to the Commissioner that the retail trust company has met all the requirements to do business as a trust company at an office in that state [.], including, without limitation, written documentation from the appropriate state agency that the retail trust company is authorized to do business in that state.
Sec. 6. NRS 669.100 is hereby amended to read as follows:
669.100 1. No retail trust company may be organized or operated with a stockholders equity of less than $1,000,000, or in such greater amount as may be required by the Commissioner. The full amount of the initial stockholders equity must be paid in cash, exclusive of all organization expenses, before the trust company is authorized to commence business.
2. A retail trust company shall maintain at least [50] 25 percent of its required stockholders equity in cash [unless the Commissioner approves a smaller amount.] and at least an additional 25 percent of its required stockholders equity in cash or cash equivalents comprising certificates of deposit, money market funds or other insured deposits. Cash equivalents held by a retail trust company pursuant to this subsection may, upon prior approval by the Commissioner, comprise investments in treasury bills, government obligations or commercial paper which, if acquired after October 1, 2011, must mature not later than 3 months after the date of acquisition by the retail trust company. Any certificate of deposit, money market fund, insured deposit, commercial paper, treasury bill or government obligation, other than an obligation of the United States or an obligation guaranteed by the United States, that is held as a cash equivalent by a retail trust company pursuant to this subsection must not exceed 10 percent of the total required stockholders equity at the time the cash equivalent is purchased.
κ2011 Statutes of Nevada, Page 2594 (CHAPTER 425, SB 136)κ
exceed 10 percent of the total required stockholders equity at the time the cash equivalent is purchased. The remaining [50 percent] amount of [its] the retail trust companys required stockholders equity may be a different form of readily marketable securities , or with prior approval by the Commissioner , other liquid, secure asset, bond, surety or insurance, or some combination of the foregoing. Any bond or other evidence of indebtedness held by a retail trust company pursuant to this subsection must have an investment grade credit rating and must have received a rating within one of the top three rating categories of Moodys Investors Service, Inc. or Standard and Poors Ratings Services.
3. Any grandfathered trust company other than a noncustodial trust company that does not have the minimum capital required by this section as of October 1, 2009, shall:
(a) Except as otherwise determined by the Commissioner, increase its capital to a minimum of:
(1) By October 1, 2010, $500,000;
(2) By October 1, 2011, $750,000; and
(3) By October 1, 2012, $1,000,000; and
(b) Maintain [$500,000] 25 percent of such minimum capital in cash on and after October 1, 2010.
4. Any noncustodial trust company that does not have the minimum capital required by this section as of October 1, 2009, shall:
(a) Except as otherwise determined by the Commissioner, increase its capital to a minimum of:
(1) By October 1, 2010, $350,000;
(2) By October 1, 2011, $400,000; and
(3) By October 1, 2012, $500,000; and
(b) Maintain [50] 25 percent of such minimum capital in cash on and after October 1, 2010.
5. As used in this section, in cash means in depository accounts with one or more banks in this State.
Sec. 7. NRS 669.160 is hereby amended to read as follows:
669.160 1. Within 90 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:
(a) That the persons who will serve as directors or officers of the corporation, or the managers or members acting in a managerial capacity of the limited-liability company, as applicable:
(1) Have a good reputation for honesty, trustworthiness and integrity and display competence to transact the business of a trust company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.
(2) Have not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(3) Have not made a false statement of material fact on the application.
(4) Have not been an officer or member of the board of directors for an entity which had a license issued pursuant to the provisions of this chapter that was suspended or revoked within the 10 years immediately preceding the date of the application, and in the reasonable judgment of the Commissioner, there is evidence that the officer or member of the board of directors materially contributed to the actions resulting in the license suspension or revocation.
κ2011 Statutes of Nevada, Page 2595 (CHAPTER 425, SB 136)κ
Commissioner, there is evidence that the officer or member of the board of directors materially contributed to the actions resulting in the license suspension or revocation.
(5) Have not been an officer or member of the board of directors for a company which had a license as a trust company which was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application, and in the reasonable judgment of the Commissioner, there is evidence that the officer or member of the board of directors materially contributed to the actions resulting in the license suspension or revocation.
(6) Have not violated any of the provisions of this chapter or any regulation adopted pursuant to the provisions of this chapter.
(b) That the financial status of the directors and officers of the corporation or the managers or members acting in a managerial capacity of the limited-liability company is consistent with their responsibilities and duties.
(c) That the name of the proposed company complies with the provisions of NRS 657.200.
(d) That the initial stockholders equity is not less than the required minimum.
(e) That the applicant has retained the employee required by paragraph (b) of subsection 2 of NRS 669.083.
2. [Notice] After an investigation by the Commissioner pursuant to subsection 1, if the Commissioner finds any defect or deficiency in an application for licensure which would constitute grounds for denial of the application, written notice of such grounds for denial must be served personally or sent by certified mail to the applicant. The Commissioner shall allow the applicant an opportunity to cure any defect or deficiency in the application and, not later than 30 days after receipt of the notice of denial, to resubmit the application for approval.
3. If a defect or deficiency in an application is not cured pursuant to subsection 2, written notice of the entry of an order refusing a license to a trust company must be [given in writing,] served personally or sent by certified mail to the company affected. The company, upon application, is entitled to a hearing before the Commissioner, but if no such application is made within 30 days after the entry of an order refusing a license to any company, the Commissioner shall enter a final order.
[3.] 4. The order of the Commissioner is final for the purposes of judicial review.
Sec. 8. NRS 669.281 is hereby amended to read as follows:
669.281 1. The Commissioner may require the immediate removal from office of any officer, director, manager or employee of any retail trust company doing business under this chapter who is found to be dishonest, incompetent or reckless in the management of the affairs of the retail trust company, or who persistently violates the laws of this State or the lawful orders, instructions and regulations issued by the Commissioner.
2. An officer, director, manager or employee of a retail trust company who is removed from office pursuant to subsection 1 may appeal his or her removal by filing a written request for a hearing with the Commissioner within 10 days after the effective date of his or her removal. The Commissioner shall conduct the hearing after providing at least 5 days written notice to the retail trust company and the officer, director, manager or employee who is removed from office.
κ2011 Statutes of Nevada, Page 2596 (CHAPTER 425, SB 136)κ
or employee who is removed from office. Within 5 days after the hearing, the Commissioner shall enter an order affirming or disaffirming the removal of the person from office. An order of the Commissioner entered pursuant to this subsection is final for the purposes of judicial review.
Sec. 8.5. NRS 120A.500 is hereby amended to read as follows:
120A.500 1. Except as otherwise provided in [subsection 6,] subsections 6 and 7, property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:
(a) A travelers check, 15 years after issuance;
(b) A money order, 7 years after issuance;
(c) Any stock or other equity interest in a business association or financial organization, including a security entitlement under NRS 104.8101 to 104.8511, inclusive, 3 years after the earlier of the date of the most recent dividend, stock split or other distribution unclaimed by the apparent owner, or the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications or communications to the apparent owner;
(d) Any debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 3 years after the date of the most recent interest payment unclaimed by the apparent owner;
(e) A demand, savings or time deposit, including a deposit that is automatically renewable, 3 years after the earlier of maturity or the date of the last indication by the owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial date of maturity, unless the owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;
(f) Except as otherwise provided in NRS 120A.520, any money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;
(g) Any amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, 3 years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based;
(h) Any property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;
(i) Any property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;
(j) Except as otherwise provided in NRS 607.170 and 703.375, any property held by a court, government, governmental subdivision, agency or instrumentality, 1 year after the property becomes distributable;
(k) Any wages or other compensation for personal services, 1 year after the compensation becomes payable;
(l) A deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;
(m) Any property in an individual retirement account, defined benefit plan or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; and
κ2011 Statutes of Nevada, Page 2597 (CHAPTER 425, SB 136)κ
income tax laws of the United States, 3 years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; and
(n) All other property, 3 years after the owners right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.
2. At the time that an interest is presumed abandoned under subsection 1, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.
3. Property is unclaimed if, for the applicable period set forth in subsection 1 [,] or 7, as applicable, the apparent owner has not communicated, in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.
4. An indication of an owners interest in property includes:
(a) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;
(b) Owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease or change the amount or type of property held in the account;
(c) The making of a deposit to or withdrawal from a bank account; and
(d) The payment of a premium with respect to a property interest in an insurance policy, but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.
5. Property is payable or distributable for purposes of this chapter notwithstanding the owners failure to make demand or present an instrument or document otherwise required to obtain payment.
6. The following property clearly designated as such must not be presumed abandoned because of inactivity or failure to make a demand:
(a) An account or asset managed through a guardianship;
(b) An account blocked at the direction of a court;
(c) A trust account established to address a special need;
(d) A qualified income trust account;
(e) A trust account established for tuition purposes;
(f) A trust account established on behalf of a client; and
(g) An account or fund established to meet the costs of burial.
κ2011 Statutes of Nevada, Page 2598 (CHAPTER 425, SB 136)κ
7. For property described in paragraphs (c) to (f), inclusive, and (n) of subsection 1, the 3-year period described in each of those paragraphs must be reduced to a 2-year period if the holder of the property reported more than $10 million in property presumed abandoned on the holders most recent report of abandoned property made pursuant to NRS 120A.560.
Sec. 9. NRS 239A.070 is hereby amended to read as follows:
239A.070 This chapter does not apply to any subpoena issued pursuant to title 14 or chapters 616A to 617, inclusive, of NRS or prohibit:
1. Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.
2. The Attorney General, State Controller, district attorney, Department of Taxation, Director of the Department of Health and Human Services, Administrator of the Securities Division of the Office of the Secretary of State, public administrator, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
3. A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.
4. Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorizes the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.
5. A financial institution from notifying a customer of the receipt of a subpoena or a search warrant to obtain the customers financial records, except when ordered by a court to withhold such notification.
6. The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.
7. The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this State.
8. The disclosure of any information pursuant to NRS 425.393, 425.400 or 425.460 [.] or section 10 of this act.
9. A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.
Sec. 10. Chapter 353C of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Controller shall enter into agreements with financial institutions doing business in this State to coordinate the development and operation of a system for matching data, using automated exchanges of data to the maximum extent feasible.
κ2011 Statutes of Nevada, Page 2599 (CHAPTER 425, SB 136)κ
2. In addition to any other remedy provided for in this chapter, the State Controller may use the system for matching data developed and operated pursuant to subsection 1 to collect a debt, plus any applicable penalties and interest.
3. A financial institution in this State shall:
(a) Cooperate with the State Controller in carrying out the provisions of subsection 1.
(b) Use the system to provide to the State Controller for each calendar quarter the name, address of record, social security number or other number assigned for taxpayer identification of each person who maintains an account at the financial institution, as identified by the State Controller by name and social security number or other number assigned for taxpayer identification.
(c) In response to the receipt from the State Controller of notification of debt that a person owes the State, encumber on behalf of the State Controller a portion of the assets of the person held by the financial institution sufficient to cover the debt and surrender those assets to the State Controller. A financial institution is not required to encumber or surrender any assets received by the financial institution on behalf of the person after the financial institution received the notice of the debt from the State Controller.
4. A financial institution may not be held liable in any civil or criminal action for:
(a) Any disclosure of information to the State Controller pursuant to this section.
(b) Encumbering or surrendering any assets held by the financial institution pursuant to this section.
(c) Any other action taken in good faith to comply with the requirements of this section.
5. If a court issues an order to return to a person any assets surrendered by a financial institution pursuant to subsection 3, the State Controller is not liable to the person for any of those assets that have been provided to the State Controller in accordance with the order for the payment of a debt.
6. All information provided to the State Controller by a financial institution pursuant to this section is confidential and may only be used by the State Controller for use in the collection of a debt owed to the State.
7. As used in this section, financial institution has the meaning ascribed to it in NRS 239A.030.
Sec. 11. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2600κ
Senate Bill No. 149Senators Cegavske, Leslie, McGinness, Horsford, Schneider; Breeden, Brower, Copening, Denis, Gustavson, Halseth, Hardy, Kieckhefer, Kihuen, Lee, Manendo, Parks, Rhoads, Roberson, Settelmeyer and Wiener
CHAPTER 426
[Approved: June 16, 2011]
AN ACT relating to persons with disabilities; establishing the policy of this State relating to the considerate and respectful treatment of persons with intellectual disabilities; revising the preferred manner of referring to certain persons with intellectual disabilities in the Nevada Revised Statutes and Nevada Administrative Code; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill establishes the policy of the State to treat persons with intellectual disabilities with consideration and respect.
Existing law establishes the preferred manner of referring to persons with disabilities in the Nevada Revised Statutes and provides that it is the policy of this State that such persons are referred to in a similar manner in the Nevada Administrative Code. (NRS 220.125, 233B.062) Section 2 of this bill establishes a preference for the phrase persons with intellectual disabilities and requires the Legislative Counsel to replace references to persons with mental retardation with references to persons with intellectual disabilities. This change is similar to the federal law commonly cited as Rosas Law. (Pub. L. No. 111-256)
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:
It is the policy of this State that persons with intellectual disabilities and persons with related conditions:
1. Receive services in a considerate and respectful manner;
2. Are recognized as individuals before recognizing the disabilities of the persons; and
3. Are to be referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability.
Sec. 2. NRS 220.125 is hereby amended to read as follows:
220.125 1. The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disability.
2. Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, persons with disabilities, persons with mental illness, persons with [mental retardation] intellectual disabilities and other words and terms that are structured in a similar manner.
κ2011 Statutes of Nevada, Page 2601 (CHAPTER 426, SB 149)κ
with mental illness, persons with [mental retardation] intellectual disabilities and other words and terms that are structured in a similar manner.
3. Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, disabled, handicapped, mentally disabled, mentally ill, mentally retarded and other words and terms that tend to equate the disability with the person.
Sec. 3. 1. In preparing supplements to the Nevada Revised Statutes and the Nevada Administrative Code, the Legislative Counsel shall make such changes as necessary so that references to persons with mental retardation are replaced with references to persons with intellectual disabilities. Such changes may include revising other language as necessary to replace references to mental retardation with references to intellectual disabilities.
2. To the extent that revisions are made to the Nevada Revised Statutes pursuant to subsection 1, the revisions shall be construed as nonsubstantive and it is not the intent of the Nevada Legislature to modify any existing interpretations of any statute which is so revised.
________
Senate Bill No. 159Senator Gustavson
CHAPTER 427
[Approved: June 16, 2011]
AN ACT relating to convicted persons; requiring the Director of the Department of Corrections to provide certain information to an offender upon his or her release, including information regarding employment assistance; providing for the waiver of fees for the issuance of certain forms of identifying information for certain persons released from prison; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections to provide certain information to an offender upon the offenders release from prison. (NRS 209.511) Section 1 of this bill requires the Director to provide such an offender with: (1) information relating to assistance for obtaining employment, including information regarding obtaining bonding for employment; and (2) information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment if the offender requests such information and assistance and is eligible to acquire a drivers license or identification card.
Existing law provides for the waiver of certain fees relating to the issuance of certified copies of birth certificates and duplicate drivers licenses and identification cards to homeless persons. (NRS 440.175, 440.700, 483.417, 483.825) Sections 3-6 of this bill provide for a similar waiver of such fees for persons who were released from prison within the immediately preceding 90 days. Section 7 of this bill requires the Department of Motor Vehicles to encourage each vendor that has entered into an agreement with the Department to produce photographs for drivers licenses and identification cards to waive the cost charged to the Department to produce the photographs for such persons who were released from prison.
κ2011 Statutes of Nevada, Page 2602 (CHAPTER 427, SB 159)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.511 is hereby amended to read as follows:
209.511 1. When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:
(a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the Director;
(b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;
(c) Shall require the offender to sign an acknowledgment of the notice required in paragraph (b);
(d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;
(e) Shall provide the offender with information relating to obtaining employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person;
(f) Shall provide the offender with information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment, if the offender:
(1) Requests such information and assistance; and
(2) Is eligible to acquire a valid drivers license or identification card from the Department of Motor Vehicles;
(g) May provide the offender with clothing suitable for reentering society;
[(f)] (h) May provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;
[(g)] (i) May, but is not required to, release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS; and
[(h)] (j) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus.
2. The costs authorized in paragraphs (a) [, (e), (f)] , (g) [and (h)] , (h) and (j) of subsection 1 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.
3. As used in this section, facility for transitional living for released offenders has the meaning ascribed to it in NRS 449.0055.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 440.175 is hereby amended to read as follows:
440.175 1. Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.
2. No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:
κ2011 Statutes of Nevada, Page 2603 (CHAPTER 427, SB 159)κ
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.
(b) A certificate of marriage, except a county clerk, county recorder or a person so required pursuant to NRS 122.120.
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
3. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall:
(a) Not charge a fee for issuing a certified or official copy of a certificate of birth to [a] :
(1) A homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
(2) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
(b) Remit to the State Registrar fees collected which are charged in an amount established by the State Registrar by regulation:
(1) For each registration of a birth or death in its district.
(2) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a).
(3) For each copy issued of a certificate of death in its district.
Sec. 4. NRS 440.700 is hereby amended to read as follows:
440.700 1. Except as otherwise provided in this section, the State Registrar shall charge and collect a fee in an amount established by the State Registrar by regulation:
(a) For searching the files for one name, if no copy is made.
(b) For verifying a vital record.
(c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.
(d) For a certified copy of a record of birth.
(e) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(g) For correcting a record on file with the State Registrar and providing a certified copy of the corrected record.
(h) For replacing a record on file with the State Registrar and providing a certified copy of the new record.
(i) For filing a delayed certificate of birth and providing a certified copy of the certificate.
(j) For the services of a notary public, provided by the State Registrar.
(k) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State.
(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.
(m) For compiling data files which require specific changes in computer programming.
κ2011 Statutes of Nevada, Page 2604 (CHAPTER 427, SB 159)κ
2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $3 for credit to the Childrens Trust Account created by NRS 432.131.
3. The fee collected for furnishing a copy of a certificate of death must include the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.
4. The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to [a] :
(a) A homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
5. The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 must include the sum of $1 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.
6. Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
7. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
Sec. 5. NRS 483.417 is hereby amended to read as follows:
483.417 1. The Department shall waive the fee prescribed by NRS 483.410 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate drivers license to [a] :
(a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
2. A vendor that has entered into an agreement with the Department to produce photographs for drivers licenses pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person or person released from prison for a duplicate drivers license.
3. If the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate drivers license furnished to a [homeless] person pursuant to subsection 1, the [homeless] person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the [homeless] person:
(a) Applies to the Department for the renewal of his or her drivers license; and
(b) Is employed at the time of such application.
κ2011 Statutes of Nevada, Page 2605 (CHAPTER 427, SB 159)κ
4. The Department may accept gifts, grants and donations of money to fund the provision of duplicate drivers licenses without a fee to [homeless] persons [.] pursuant to subsection 1.
Sec. 6. NRS 483.825 is hereby amended to read as follows:
483.825 1. The Department shall waive the fee prescribed by NRS 483.820 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate identification card to [a] :
(a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
2. A vendor that has entered into an agreement with the Department to produce photographs for identification cards pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person or person released from prison for a duplicate identification card.
3. If the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate identification card furnished to a [homeless] person pursuant to subsection 1, the [homeless] person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the [homeless] person:
(a) Applies to the Department for the renewal of his or her identification card; and
(b) Is employed at the time of such application.
4. The Department may accept gifts, grants and donations of money to fund the provision of duplicate identification cards without a fee to [homeless] persons [.] pursuant to subsection 1.
5. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
Sec. 7. The Department of Motor Vehicles shall encourage each vendor that has entered into an agreement with the Department to produce photographs for drivers licenses and identification cards pursuant to NRS 483.347 to waive the cost that the vendor charges the Department to produce photographs for duplicate drivers licenses or identification cards furnished to persons released from prison within the immediately preceding 90 days pursuant to subsection 2 of NRS 483.417, as amended by section 5 of this act, and subsection 2 of NRS 483.825, as amended by section 6 of this act.
Sec. 8. 1. This section and section 1 of this bill become effective on October 1, 2011.
2. Sections 3 to 7, inclusive, of this act become effective on February 1, 2012.
________
κ2011 Statutes of Nevada, Page 2606κ
Senate Bill No. 211Committee on Education
CHAPTER 428
[Approved: June 16, 2011]
AN ACT relating to education; requiring the Legislative Committee on Education to conduct a study concerning the implementation of the Common Core State Standards in the public schools in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The National Governors Association Center for Best Practices and the Council of Chief State School Officers released a set of national education standards for English language arts and mathematics, commonly referred to as the Common Core State Standards. Forty-eight states, including Nevada, have signed on to participate in the Common Core State Standards. On June 18, 2010, the State Board of Education adopted the draft of the Common Core State Standards, and on December 10, 2010, the State Board adopted a temporary regulation relating to the Common Core State Standards.
Existing law creates the Legislative Committee on Education, consisting of eight legislative members. (NRS 218E.605) This bill requires the Committee to conduct a study to determine the extent to which: (1) the curriculum and instruction for kindergarten through grade 12 in the public schools in this State is transitioned to the Common Core State Standards; (2) teachers and other licensed educational personnel are afforded sufficient professional development opportunities and resources to aid in the transition process to the Common Core State Standards; and (3) a plan and a timeline have been established for transitioning Nevadas assessment system for the public schools to align with the Common Core State Standards. The study is required to be conducted in consultation with the Nevada STEM Education Coalition, which is a statewide group of persons dedicated to improving education in science, technology, engineering and mathematics in Nevada. The Committee is required to submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau on or before February 1, 2013, for transmittal to the 77th Session of the Nevada Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. During the 2011-2012 interim, the Legislative Committee on Education shall conduct a study to determine the extent to which:
(a) The curriculum and instruction for kindergarten through grade 12 in the public schools in this State is transitioned to the Common Core State Standards adopted by the State Board of Education and the extent to which the Common Core State Standards are being implemented at those grade levels;
(b) Teachers and other licensed educational personnel are afforded sufficient professional development opportunities and resources to aid in the transition process for:
(1) Providing instruction in the Common Core State Standards for kindergarten through grade 12 in the public schools in this State; and
κ2011 Statutes of Nevada, Page 2607 (CHAPTER 428, SB 211)κ
(2) Monitoring the progress made by pupils in achieving the Common Core State Standards; and
(c) A plan and a timeline have been established for transitioning Nevadas assessment system for the pupils enrolled in the public schools in this State to align with the Common Core State Standards.
2. The study required by subsection 1 must be conducted in consultation with the Nevada STEM Education Coalition.
3. The Committee shall recommend such action as may be necessary to ensure the full and effective implementation of the Common Core State Standards in kindergarten through grade 12 in the public schools in this State.
4. The Committee shall, on or before February 1, 2013, submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Nevada Legislature.
Sec. 2. This act becomes effective on July 1, 2011.
________
Senate Bill No. 282Senators Gustavson; Cegavske, Denis, Halseth, Kieckhefer, McGinness, Roberson and Settelmeyer
Joint Sponsors: Assemblymen Sherwood; Aizley, Ellison, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hickey, Kirner, Kite and McArthur
CHAPTER 429
[Approved: June 16, 2011]
AN ACT relating to crimes; prohibiting the willful and intentional public posting or displaying of the social security number of another person; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill generally prohibits a person from willfully and intentionally posting or displaying in any public manner the social security number of another person unless the person is authorized or required to do so by specific federal or state law or regulation. Unless a greater penalty is provided by specific statute, a person who violates this provision is guilty of a misdemeanor, which is punishable by imprisonment in the county jail for not more than 6 months or by a fine of not more than $1,000, or both. This bill also authorizes a person whose social security number has been unlawfully posted or displayed to bring a civil cause of action against the person who posted or displayed his or her social security number and to recover actual damages, reasonable attorneys fees and costs from that person.
κ2011 Statutes of Nevada, Page 2608 (CHAPTER 429, SB 282)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a person shall not willfully and intentionally post or display in any public manner the social security number of another person unless the person is authorized or required to do so by specific federal or state law or regulation.
2. This section does not:
(a) Prevent the use of a social security number for internal verification or administrative purposes.
(b) Apply to documents that are recorded or required to be open to the public pursuant to federal or state law or regulation.
3. Unless a greater penalty is provided by specific statute, a person who violates this section is guilty of a misdemeanor.
4. A person whose social security number has been willfully and intentionally posted or displayed in violation of this section may bring a civil cause of action against the person who commits such a violation. The court may award actual damages, reasonable attorneys fees and costs to the person whose social security number has been willfully and intentionally posted or displayed in violation of this section.
5. As used in this section:
(a) Person includes a government, governmental agency or political subdivision of a government.
(b) Post or display in any public manner means to communicate or otherwise make available to the general public. The term includes, without limitation:
(1) Printing the social security number of another person on any card required for the other person to access products or services provided by the person or entity printing the social security number.
(2) Requiring another person to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted.
(3) Requiring another person to use his or her social security number to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the Internet website.
(4) Printing the social security number of another person on any material that is mailed to the person, if the social security number is visible to the public.
________
κ2011 Statutes of Nevada, Page 2609κ
Senate Bill No. 294Senators Cegavske and Leslie
CHAPTER 430
[Approved: June 16, 2011]
AN ACT relating to providers of health care; revising provisions governing persons authorized to possess and administer dangerous drugs; revising provisions regarding certain acts of physicians; revising provisions governing the practice of applied behavior analysis; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the exclusive list of persons who may possess and administer dangerous drugs in this State. (NRS 454.213) Section 1 of this bill authorizes medical assistants, under the supervision of a physician or physician assistant, to possess and administer dangerous drugs under certain circumstances. Section 1 also authorizes a veterinary assistant, at the direction of a supervising veterinarian, to possess and administer dangerous drugs.
Sections 4 and 10 of this bill authorize the Board of Medical Examiners and the State Board of Osteopathic Medicine to adopt regulations relating to the supervision of medical assistants, including limitations on the possession and administration of dangerous drugs.
Sections 6 and 12 of this bill provide that failure to supervise adequately a medical assistant is grounds for disciplinary action.
Existing law vests the Board of Psychological Examiners with jurisdiction over the licensure of behavior analysts and assistant behavior analysts and the certification of autism behavior interventionists. (NRS 641.110) Section 21 of this bill revises the requirements for licensure as a behavior analyst or assistant behavior analyst to provide that the applicant must hold current certification as a board certified behavior analyst or board certified assistant behavior analyst, as applicable, issued by the Behavior Analyst Certification Board, Inc. Section 22 of this bill expands the requirements for a certificate as an autism behavior interventionist to include the completion of a practical examination developed and approved by the Board. Sections 23 and 24 of this bill provide that certain disciplinary actions may be taken against a person who holds a certificate issued by the Board.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.
3. Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.
κ2011 Statutes of Nevada, Page 2610 (CHAPTER 430, SB 294)κ
4. In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:
(a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and
(b) Acting under the direction of the medical director of that agency or facility who works in this State.
5. Except as otherwise provided in subsection 6, an intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:
(a) The State Board of Health in a county whose population is less than 100,000;
(b) A county board of health in a county whose population is 100,000 or more; or
(c) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.
6. An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.
7. A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.
8. A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.
9. A medical student or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
Κ A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
10. Any person designated by the head of a correctional institution.
11. An ultimate user or any person designated by the ultimate user pursuant to a written agreement.
12. A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
13. A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
14. A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.
15. A physical therapist, but only if the drug or medicine is a topical drug which is:
κ2011 Statutes of Nevada, Page 2611 (CHAPTER 430, SB 294)κ
(a) Used for cooling and stretching external tissue during therapeutic treatments; and
(b) Prescribed by a licensed physician for:
(1) Iontophoresis; or
(2) The transmission of drugs through the skin using ultrasound.
16. In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
17. A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.
18. In accordance with applicable regulations of the Board, a registered pharmacist who:
(a) Is trained in and certified to carry out standards and practices for immunization programs;
(b) Is authorized to administer immunizations pursuant to written protocols from a physician; and
(c) Administers immunizations in compliance with the Standards [of] for Immunization Practices recommended and approved by the [United States Public Health Service] Advisory Committee on Immunization Practices.
19. A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.
20. A medical assistant, in accordance with applicable regulations of the:
(a) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
(b) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. Medical assistant means a person who:
(a) Performs clinical tasks under the supervision of a physician or physician assistant; and
(b) Does not hold a license, certificate or registration issued by a professional licensing or regulatory board in this State to perform such clinical tasks.
2. The term does not include a person who performs only administrative, clerical, executive or other nonclinical tasks.
κ2011 Statutes of Nevada, Page 2612 (CHAPTER 430, SB 294)κ
Sec. 4. The Board may adopt regulations governing the supervision of a medical assistant, including, without limitation, regulations which prescribe limitations on the possession and administration of a dangerous drug by a medical assistant.
Sec. 5. NRS 630.005 is hereby amended to read as follows:
630.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.026, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any conduct:
(a) Which is intended to deceive;
(b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or
(c) Which is in violation of a regulation adopted by the State Board of Pharmacy.
3. Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.
4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
5. Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which are beyond the scope of his or her training.
6. Performing, without first obtaining the informed consent of the patient or the patients family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.
7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
8. Habitual intoxication from alcohol or dependency on controlled substances.
9. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
10. Failing to comply with the requirements of NRS 630.254.
11. Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.
12. Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
κ2011 Statutes of Nevada, Page 2613 (CHAPTER 430, SB 294)κ
13. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
14. Operation of a medical facility at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
15. Failure to comply with the requirements of NRS 630.373.
16. Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.
17. Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
Sec. 7. (Deleted by amendment.)
Sec. 8. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.
Sec. 9. 1. Medical assistant means a person who:
(a) Performs clinical tasks under the supervision of an osteopathic physician or physician assistant; and
(b) Does not hold a license, certificate or registration issued by a professional licensing or regulatory board in this State to perform such clinical tasks.
2. The term does not include a person who performs only administrative, clerical, executive or other nonclinical tasks.
Sec. 10. The Board may adopt regulations governing the supervision of a medical assistant, including, without limitation, regulations which prescribe limitations on the possession and administration of a dangerous drug by a medical assistant.
Sec. 11. NRS 633.011 is hereby amended to read as follows:
633.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, and section 9 of this act have the meanings ascribed to them in those sections.
Sec. 12. NRS 633.511 is hereby amended to read as follows:
633.511 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony relating to the practice of osteopathic medicine;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(d) Murder, voluntary manslaughter or mayhem;
(e) Any felony involving the use of a firearm or other deadly weapon;
(f) Assault with intent to kill or to commit sexual assault or mayhem;
(g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(h) Abuse or neglect of a child or contributory delinquency; or
(i) Any offense involving moral turpitude.
3. The suspension of the license to practice osteopathic medicine by any other jurisdiction.
κ2011 Statutes of Nevada, Page 2614 (CHAPTER 430, SB 294)κ
4. Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a practitioner.
5. Professional incompetence.
6. Failure to comply with the requirements of NRS 633.527.
7. Failure to comply with the requirements of subsection 3 of NRS 633.471.
8. Failure to comply with the provisions of NRS 633.694.
9. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
10. Failure to comply with the provisions of subsection 2 of NRS 633.322.
11. Signing a blank prescription form.
12. Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
13. Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
14. In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
15. Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
16. Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
17. Engaging in any act that is unsafe in accordance with regulations adopted by the Board.
18. Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
Sec. 13. (Deleted by amendment.)
Sec. 14. Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 18, inclusive, of this act.
Sec. 15. Assistant behavior analyst means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as an assistant behavior analyst by the Board.
Sec. 16. Autism behavior interventionist means a person who is certified as an autism behavior interventionist by the Board.
Sec. 17. Behavior analyst means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst by the
κ2011 Statutes of Nevada, Page 2615 (CHAPTER 430, SB 294)κ
Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board.
Sec. 18. Practice of applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior. The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst or autism behavior interventionist.
Sec. 19. NRS 641.020 is hereby amended to read as follows:
641.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.021 to 641.027, inclusive, and sections 15 to 18, inclusive, of this act and 689A.0435 have the meanings ascribed to them in those sections.
Sec. 20. NRS 641.100 is hereby amended to read as follows:
641.100 The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination, licensure and certification of applicants, the granting, refusal, revocation or suspension of licenses and certificates , [and] the practice of psychology [.] and the practice of applied behavior analysis.
Sec. 21. NRS 641.170 is hereby amended to read as follows:
641.170 1. Each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:
(a) Is at least 21 years of age.
(b) Is of good moral character as determined by the Board.
(c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
(d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.
(e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.
2. Each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:
(a) Is at least 21 years of age.
(b) Is of good moral character as determined by the Board.
(c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
(d) Has earned a masters degree from an accredited college or university in a field of social science or special education [approved by the Board.] and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.
(e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.
(f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.
3. Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:
κ2011 Statutes of Nevada, Page 2616 (CHAPTER 430, SB 294)κ
(a) Is at least 21 years of age.
(b) Is of good moral character as determined by the Board.
(c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
(d) Has earned a bachelors degree from an accredited college or university in a field of social science or special education approved by the Board [.] and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.
(e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.
(f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.
4. Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and
(b) Issue a written statement to the applicant of its determination.
5. The written statement issued to the applicant pursuant to subsection 4 must include:
(a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.
(b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.
Sec. 22. NRS 641.172 is hereby amended to read as follows:
641.172 1. Each application for certification as an autism behavior interventionist must be accompanied by evidence satisfactory to the Board that the applicant:
(a) Is at least 18 years of age.
(b) Is of good moral character as determined by the Board.
(c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
(d) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.
(e) Has completed satisfactorily a standardized practical examination developed and approved by the Board. The examination must be conducted by the applicants supervisor, who shall make a videotape or other audio and visual recording of the applicants performance of the examination for submission to the Board. The Board may review the recording as part of its evaluation of the applicants qualifications.
2. Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for certification as an autism behavior interventionist; and
(b) Issue a written statement to the applicant of its determination.
κ2011 Statutes of Nevada, Page 2617 (CHAPTER 430, SB 294)κ
3. If the Board determines that the qualifications of the applicant are insufficient for certification, the written statement issued to the applicant pursuant to subsection 2 must include a detailed explanation of the reasons for that determination.
Sec. 23. NRS 641.230 is hereby amended to read as follows:
641.230 The Board may suspend [the] or revoke a persons license [of] as a psychologist, behavior analyst or assistant behavior analyst or certificate as an autism behavior interventionist, place [a psychologist] the person on probation, [revoke the license of a psychologist,] require remediation for [a psychologist] the person or take any other action specified by regulation if the Board finds by substantial evidence that the [psychologist] person has:
1. Been convicted of a felony relating to the practice of psychology [.] or the practice of applied behavior analysis.
2. Been convicted of any crime or offense that reflects the inability of the [psychologist] person to practice psychology or applied behavior analysis with due regard for the health and safety of others.
3. Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4. Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology [.] or the practice of applied behavior analysis.
5. Aided or abetted the practice of psychology by a person not licensed by the Board.
6. Made any fraudulent or untrue statement to the Board.
7. Violated a regulation adopted by the Board.
8. Had a license to practice psychology or a license or certificate to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the [psychologist] person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
9. Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or applied behavior analysis issued to the [psychologist] person by another state or territory of the United States, the District of Columbia or a foreign country.
10. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.
11. Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.
12. Engaged in sexual activity with a patient [.] or client.
13. Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.
14. Been convicted of submitting a false claim for payment to the insurer of a patient [.] or client.
15. Operated a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility was suspended or revoked; or
(b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
κ2011 Statutes of Nevada, Page 2618 (CHAPTER 430, SB 294)κ
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
Sec. 24. NRS 641.240 is hereby amended to read as follows:
641.240 1. If the Board, a panel of its members or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, it may:
(a) Administer a public reprimand.
(b) Limit the persons practice.
(c) Suspend the persons license or certificate for a period of not more than 1 year.
(d) Revoke the persons license [.] or certificate.
(e) Impose a fine of not more than $5,000.
(f) Revoke or suspend the persons license or certificate and impose a monetary penalty.
(g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.
(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.
(i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.
(j) Require the person to pay for the costs of remediation or restitution.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 25. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2012, for all other purposes.
________
κ2011 Statutes of Nevada, Page 2619κ
Senate Bill No. 309Senator Settelmeyer
CHAPTER 431
[Approved: June 16, 2011]
AN ACT relating to livestock; authorizing a person to remove from his or her property livestock for which he or she has, by contract, provided care and shelter under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the care of and prevention of cruelty to animals. (NRS 574.050-574.510) This bill provides that: (1) if a person enters into a contract to provide care and shelter for livestock; (2) the person gives 30 days notice of the termination of the contract and requests the removal of the livestock from his or her property at the end of the contract; and (3) the owner fails to remove the livestock from the persons property at the end of that contract, the person providing care and shelter may remove the livestock from his or her property in several ways. However, before the person may remove the livestock, he or she must provide written notification to the owner by certified mail of his or her intention to remove the livestock if the owner fails to remove the livestock from the persons property. If the owner fails to remove the livestock by the time provided for in the notice, the livestock will be deemed abandoned, and the person may: (1) sell the livestock; (2) give the livestock to a society for the prevention of cruelty to animals; (3) return the livestock to the owner; (4) transfer the livestock to another facility that is willing to provide care and shelter for the livestock; or (5) bring an action in court to require the owner to remove the livestock from the persons property. The owner of the livestock is liable for any reasonable and actual costs incurred by the person in removing the livestock from his or her property.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 575 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who enters into a contract with an owner of livestock to provide care or shelter for the livestock on the persons property shall give the owner of the livestock at least 30 days notice before terminating the contract.
2. After receiving the notice, if the owner of the livestock fails to remove the livestock from the property before the termination of the contract, the livestock shall be deemed abandoned and the person providing care or shelter for the livestock may remove the livestock from his or her property as provided in subsection 3 if:
(a) The person notifies the owner of the livestock in writing of the persons intention to remove the livestock from the property if the owner fails to remove the livestock before the date the contract is terminated; and
(b) Fourteen days have elapsed since the notice was mailed to the owner of the livestock. The notice must be mailed, by certified mail, return receipt requested, to the owner of the livestock at the owners present address, and if that address is unknown, then at the owners last known address.
κ2011 Statutes of Nevada, Page 2620 (CHAPTER 431, SB 309)κ
receipt requested, to the owner of the livestock at the owners present address, and if that address is unknown, then at the owners last known address.
3. If any livestock is deemed abandoned pursuant to subsection 2, a person providing care or shelter for that livestock may:
(a) Sell the livestock;
(b) Give the livestock to a society for the prevention of cruelty to animals;
(c) Return the livestock to the owner at the owners present address;
(d) Transfer the livestock to another facility which is able to provide care and shelter for the livestock; or
(e) Bring a civil action in a court of competent jurisdiction to require the owner to remove the livestock from the persons property.
4. If the owner of the livestock fails to remove the livestock pursuant to subsection 2, the person providing care and shelter for the livestock may charge and collect any reasonable and actual costs he or she incurs in removing the livestock pursuant to subsection 3.
5. Except as otherwise provided in subsection 6, the provisions of this section may be varied by agreement, and the rights conferred by this section may be waived.
6. The remedies provided for in this section are the exclusive remedies for an action brought pursuant to this section. If a person pursues a remedy not provided for in this section including, without limitation, a civil action for breach of contract or trespass, the provisions of this section do not apply, and the remedies provided for in this section are not available.
7. As used in this section, livestock means:
(a) All cattle or animals of the bovine species;
(b) All horses, mules, burros and asses or animals of the equine species;
(c) All swine or animals of the porcine species;
(d) All goats or animals of the caprine species; and
(e) All sheep or animals of the ovine species.
________
κ2011 Statutes of Nevada, Page 2621κ
Senate Bill No. 315Senator Kieckhefer
CHAPTER 432
[Approved: June 16, 2011]
AN ACT relating to educational personnel; requiring the Commission on Professional Standards in Education to adopt regulations prescribing the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure; requiring the State Board of Education to evaluate the providers of education and training approved by the Commission to offer an alternative route to licensure; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Commission on Professional Standards in Education to adopt regulations prescribing the qualifications for licensing teachers and other educational personnel in this State. The regulations govern the issuance of a regular license and a special qualifications license. (NRS 391.019) Section 2 of this bill requires the Commission to adopt regulations prescribing the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure and sets forth certain requirements that must be specified in those regulations, including: (1) that the required education and training may be provided by any qualified provider which has been approved by the Commission, including institutions of higher education and other providers that operate independently of an institution of higher education; (2) that the education and training required under the alternative route to licensure may be completed in 2 years or less; and (3) that, upon completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, the person must be issued a regular license. Section 1.5 of this bill requires the State Board of Education to conduct an annual evaluation of each provider approved by the Commission to offer an alternative route to licensure pursuant to section 2 of this bill.
Under existing law, the Commission is required to adopt regulations providing for the reciprocal licensure of educational personnel from other states. (NRS 391.032) Section 5 of this bill requires the regulations governing reciprocal licensure to include provisions for the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board shall, on an annual basis, evaluate each provider approved by the Commission pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019 to offer an alternative route to licensure. The evaluation must include, without limitation, for each provider, the number of persons:
(a) Who received a license pursuant to this chapter after completing the education and training offered by the provider; and
(b) Identified in paragraph (a) who are employed by a school district or a charter school in this State after receiving a license and information relating to the performance evaluations of those persons conducted by the school district or charter school.
κ2011 Statutes of Nevada, Page 2622 (CHAPTER 432, SB 315)κ
relating to the performance evaluations of those persons conducted by the school district or charter school. The information relating to the performance evaluations must be reported in an aggregated format and not reveal the identity of a person.
2. The Department shall post on its Internet website the evaluation conducted pursuant to subsection 1.
Sec. 2. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission [:
(a) Shall] shall adopt regulations:
[(1)] (a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations [must] :
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
[(2)] (b) Identifying fields of specialization in teaching which require the specialized training of teachers.
κ2011 Statutes of Nevada, Page 2623 (CHAPTER 432, SB 315)κ
[(3)] (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
[(4)] (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
[(5)] (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.
[(6)] (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:
[(I)] (1) Provide instruction or other educational services; and
[(II)] (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.
[(7)] (g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelors degree, a masters degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:
[(I)] (1) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or
[(II)] (2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.
Κ An applicant for licensure pursuant to this [subparagraph] paragraph who holds a bachelors degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicants employment as a teacher with a school district or charter school.
[(8)] (h) Requiring an applicant for a special qualifications license to:
[(I)] (1) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or
[(II)] (2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelors degree, masters degree or doctoral degree held by the applicant.
[(9)] (i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelors degree, masters degree or doctoral degree held by that person.
[(10)] (j) Providing for the issuance and renewal of a special qualifications license to an applicant who:
[(I)] (1) Holds a bachelors degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;
[(II)] (2) Is not licensed to teach public school in another state;
κ2011 Statutes of Nevada, Page 2624 (CHAPTER 432, SB 315)κ
[(III)] (3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and
[(IV)] (4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicants employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelors degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.
Κ An applicant for licensure pursuant to this [subparagraph] paragraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.
[(b) May]
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
[2.] 3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
[3.] 4. A person who is licensed pursuant to [subparagraph (7) or (10) of] paragraph [(a)] (g) or (j) of subsection 1:
(a) Shall comply with all applicable statutes and regulations.
(b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.
(c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.
Sec. 3. NRS 391.021 is hereby amended to read as follows:
391.021 Except as otherwise provided in [subparagraph (10) of] paragraph [(a)] (j) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and the applicants knowledge of each specific subject he or she proposes to teach. Each examination must include the following subjects:
1. The laws of Nevada relating to schools;
2. The Constitution of the State of Nevada; and
3. The Constitution of the United States.
κ2011 Statutes of Nevada, Page 2625 (CHAPTER 432, SB 315)κ
Κ The provisions of this section do not prohibit the Commission from adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the examinations for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.
Sec. 4. NRS 391.031 is hereby amended to read as follows:
391.031 There are the following kinds of licenses for teachers and other educational personnel in this State:
1. A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.
2. A license to teach middle school or junior high school education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in grades 7, 8 and 9 at any middle school or junior high school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.
3. A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.
4. A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.
5. A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to [subparagraph (7) or (10) of] paragraph [(a)] (g) or (j) of subsection 1 of NRS 391.019.
Sec. 5. NRS 391.032 is hereby amended to read as follows:
391.032 1. Except as otherwise provided in NRS 391.027, the Commission shall:
(a) Consider and may adopt regulations which provide for the issuance of conditional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.
(b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states. Such regulations must include, without limitation, provisions for the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Commission determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.
2. The regulations adopted pursuant to paragraph (b) of subsection 1 may provide an exemption from the examinations required for initial licensure for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.
κ2011 Statutes of Nevada, Page 2626 (CHAPTER 432, SB 315)κ
3. A person who is issued a conditional license must complete all courses of study and other requirements for a license in this State which is not conditional within 3 years after the date on which a conditional license is issued.
Sec. 6. NRS 391.037 is hereby amended to read as follows:
391.037 1. The State Board shall:
(a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions.
(b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.
2. Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph [(7) or (10)] (1) of paragraph (a) or paragraph (g) or (j) of subsection 1 of NRS 391.019, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the State Board pursuant to subsection 1.
Sec. 7. The Commission on Professional Standards in Education shall, on or before December 31, 2011, adopt the regulations required by the provisions of subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019, as amended by section 2 of this act, and the regulations required by the provisions of NRS 391.032, as amended by section 5 of this act.
Sec. 8. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2627κ
Assembly Bill No. 93Assemblyman Segerblom
Joint Sponsors: Senators Horsford and Parks
CHAPTER 433
[Approved: June 16, 2011]
AN ACT relating to criminal offenders; requiring the Department of Corrections to establish a pilot diversion program for certain probation violators to receive treatment for alcohol or drug abuse or mental illness; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who violates the conditions of his or her probation must be brought before the court to determine the actions to be taken, which may include causing the sentence imposed to be executed. (NRS 176A.630) Existing law also authorizes the establishment of programs of treatment for alcohol and drug abuse by the district courts for the treatment of certain offenders. (NRS 453.580) A person who elects to participate in such a treatment program may have his or her sentence set aside upon successful completion of the treatment program. (NRS 458.330) Section 1 of this bill requires the Department of Corrections to establish a pilot diversion program within the facilities maintained by the Department. The pilot diversion program must be used to provide treatment to certain probation violators if a court has reasonable cause to believe that the probation violators are alcoholics or drug addicts or in need of treatment for a mental illness and if the probation violators are ordered to the custody of the Department to receive such treatment. The Department of Corrections is required to provide food and housing as well as emergency medical services, but is not responsible for providing treatment to the persons placed in the facilities. Section 1 also requires probationers to release in writing the Department of Corrections from liability as a condition of participation in the pilot diversion program.
Section 3 of this bill identifies the probation violators who are eligible to elect placement in the pilot diversion program. Section 6 of this bill provides that a person placed in the pilot diversion program is required to pay for the cost of his or her treatment and supervision to the extent of his or her financial resources and authorizes a court to require such a person to perform community service upon completion of treatment to contribute toward the cost of his or her treatment and supervision.
Section 7.5 of this bill provides that upon satisfaction of the terms and conditions imposed upon a probation violator for participation in the pilot diversion program, the court shall release the probationer from supervision and order the probationer to complete any period of probation. If a probation violator violates the rules of the program or does not satisfy the terms and conditions of participation or successfully complete treatment, the court may revoke probation. Section 8 of this bill requires the Department of Corrections and the Division of Parole and Probation of the Department of Public Safety to jointly provide a report which provides certain data for the Interim Finance Committee. This bill is established as a pilot program, and section 11 of this bill makes it expire by limitation on July 1, 2015.
κ2011 Statutes of Nevada, Page 2628 (CHAPTER 433, AB 93)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Department of Corrections shall establish a pilot diversion program within the correctional institutions or other facilities maintained by the Department.
2. The Department of Corrections shall ensure that facilities of adequate capacity for the pilot diversion program are available in one or more suitable locations within the State. The Department shall not be required to provide housing for more than 50 probation violators at one time.
3. The Department of Corrections shall provide a healthful diet and appropriate, secure and sanitary housing and necessary emergency medical services for the probation violators who are placed in the pilot diversion program, but the Department is not responsible for providing treatment to the probation violators remanded to the pilot diversion program pursuant to section 3 of this act.
4. As a condition of participation in the program, a probationer must release in writing the Department from liability and agree to abide by the applicable rules and regulations of the Department.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. A district court may remand a probationer who is returned to the district court for a violation of his or her probation to the pilot diversion program established pursuant to section 1 of this act for supervision, subject to such terms and conditions as established by the court. The court may allow the probationer who is remanded to the pilot diversion program to:
(a) Leave the facilities of the Department of Corrections during the day for education, treatment or employment; or
(b) Reside outside the facilities of the Department.
2. The court may require the probationer to receive treatment for alcohol or drug abuse or a mental illness if the court has reason to believe that the probationer is an alcoholic or drug addict or in need of treatment for a mental illness and the court finds that the probationer:
(a) Agrees to participate in the pilot diversion program;
(b) Was not returned to the court for committing an act involving violence, the use of force, or the threat of violence or the use of force;
(c) Meets the requirements for assignment to an institution or facility of minimum security as set forth in NRS 209.481; and
(d) Is not rejected for participation in the pilot diversion program by the Department of Corrections as posing a threat to the health, safety and welfare of:
(1) Other probationers remanded to the program; or
(2) Employees of the Department of Corrections and its agents.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. 1. A probation violator who is placed in the pilot diversion program for supervision and, if appropriate, to receive treatment for alcohol or drug abuse or a mental illness shall pay the cost of his or her treatment and supervision to the extent of his or her financial resources.
κ2011 Statutes of Nevada, Page 2629 (CHAPTER 433, AB 93)κ
2. A court shall not refuse to place a probation violator in the pilot diversion program if the probation violator does not have the financial resources to pay any or all of the related costs.
3. The court may order a probation violator who is placed in the pilot diversion program to perform a specified amount of community service upon release from the program to contribute toward the cost of his or her treatment and supervision. Any such community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
4. The court may issue a judgment against a probation violator and in favor of the State for the costs of treatment and supervision which remain unpaid when the probationer is released from the pilot diversion program but in no event may the amount of the judgment include any amount of debt which was extinguished by the successful completion of community service pursuant to subsection 3.
Sec. 7. (Deleted by amendment.)
Sec. 7.5. 1. When the court determines that a probation violator who was remanded to the pilot diversion program has satisfied the applicable terms and conditions established pursuant to section 3 of this act, the court shall release the probationer from supervision and order the probationer to complete any remaining or additional period of probation as determined by the court.
2. If the court determines that a probation violator who was remanded to the pilot diversion program is violating the rules of participation in the program, has not satisfied the terms or conditions of participation in the program or has not successfully completed the treatment for alcohol or drug abuse or a mental illness, the court may revoke probation.
Sec. 8. The Department of Corrections and the Division of Parole and Probation of the Department of Public Safety shall jointly submit a report at least twice annually to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee. The report must include:
1. The number of probationers participating in the pilot diversion program;
2. The reasons the probationers entered the program;
3. The number of probationers who satisfied the terms and conditions of their participation in the program; and
4. The status of the probationers who are in the program at the time the report is prepared.
Secs. 9 and 10. (Deleted by amendment.)
Sec. 11. This act becomes effective upon passage and approval and expires by limitation on July 1, 2015.
________
κ2011 Statutes of Nevada, Page 2630κ
Senate Bill No. 425Committee on Finance
CHAPTER 434
[Approved: June 16, 2011]
AN ACT making various appropriations to the Department of Motor Vehicles and the Department of Administration; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles, Directors Office, the sum of $102,584 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 2. 1. There is hereby appropriated from the State Highway Fund to the Automation Account of the Department of Motor Vehicles the sum of $905,210 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 3. 1. There is hereby appropriated from the State Highway Fund to the Central Services and Records Division of the Department of Motor Vehicles the sum of $49,323 for the replacement of office equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2631 (CHAPTER 434, SB 425)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 4. 1. There is hereby appropriated from the State Highway Fund to the Motor Carrier Division of the Department of Motor Vehicles the sum of $23,670 for the replacement of office equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 5. 1. There is hereby appropriated from the State Highway Fund to the Compliance Enforcement Division of the Department of Motor Vehicles the sum of $174,651 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 6. 1. There is hereby appropriated from the State Highway Fund to the Compliance Enforcement Division of the Department of Motor Vehicles the sum of $16,516 for training equipment, office equipment and protective equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 7. 1. There is hereby appropriated from the State Highway Fund to the Hearings Office of the Department of Motor Vehicles the sum of $43,041 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2632 (CHAPTER 434, SB 425)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 8. 1. There is hereby appropriated from the State Highway Fund to the Field Services Division of the Department of Motor Vehicles the sum of $1,123,927 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 9. 1. There is hereby appropriated from the State Highway Fund to the Field Services Division of the Department of Motor Vehicles the sum of $164,348 for the replacement of office equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 10. 1. There is hereby appropriated from the State Highway Fund to the Administrative Services Division of the Department of Motor Vehicles the sum of $113,680 for replacement of a vehicle, a forklift, mail scanners, telephones, headsets and office equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 11. 1. There is hereby appropriated from the State Highway Fund to the Motor Carrier Division of the Department of Motor Vehicles the sum of $156,145 for the replacement of computer hardware, associated software, printers and scanners.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2633 (CHAPTER 434, SB 425)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 12. 1. There is hereby appropriated from the State Highway Fund to the Administrative Services Division of the Department of Motor Vehicles the sum of $192,285 for the replacement of computers, laptops, printers and scanners.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 13. 1. There is hereby appropriated from the State Highway Fund to the Hearings Office of the Department of Motor Vehicles the sum of $2,121 for the replacement of chairs.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 14. 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles, Directors Office, the sum of $4,242 for the replacement of chairs.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 15. 1. There is hereby appropriated from the State Highway Fund to the Management Services and Programs Division of the Department of Motor Vehicles the sum of $41,589 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2634 (CHAPTER 434, SB 425)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 16. 1. There is hereby appropriated from the State Highway Fund to the Central Services and Records Division of the Department of Motor Vehicles the sum of $345,083 for the replacement of computer hardware, associated software and printers.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 17. 1. There is hereby appropriated from the State Highway Fund to the Motor Pool Division of the Department of Administration the sum of $117,282 for vehicles to be assigned to the Department of Motor Vehicles.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 18. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2635κ
Senate Bill No. 428Committee on Finance
CHAPTER 435
[Approved: June 16, 2011]
AN ACT making an appropriation to the State Gaming Control Board to replace computer and technology hardware; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the State Gaming Control Board the sum of $719,957 for the replacement of computer and technology hardware to ensure continuity in operations and continued security.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 437Committee on Finance
CHAPTER 436
[Approved: June 16, 2011]
AN ACT relating to public assistance; revising provisions governing assistance provided to parents and relatives caring for certain persons with mental retardation or related conditions or children with certain developmental delays; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides assistance to parents and relatives caring for certain persons with mental retardation or related conditions or, if the person being cared for is under 6 years of age, similar developmental delays if certain other criteria relating to income and the quality of care are met. (NRS 435.365) This bill provides that such assistance is available only to the extent that money is available for that purpose and requires the Division of Mental Health and Developmental Services of the Department of Health and Human Services to establish a waiting list for eligible applicants who are not provided assistance because of a shortage of money.
κ2011 Statutes of Nevada, Page 2636 (CHAPTER 436, SB 437)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 435.365 is hereby amended to read as follows:
435.365 1. [Whenever] To the extent that money is available for that purpose, whenever a person with mental retardation or a related condition is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:
(a) The person with mental retardation or a related condition has been diagnosed as having profound or severe mental retardation or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation or a related condition;
(b) The person with mental retardation or a related condition is receiving adequate care; and
(c) The person with mental retardation or a related condition and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support.
Κ The amount of the assistance must be established by legislative appropriation for each fiscal year.
2. The Division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The Division shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.
4. The decision of the Division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Sec. 2. This act becomes effective on July 1, 2011.
________