[Rev. 1/30/2019 4:25:20 PM]
κ2013 Statutes of Nevada, Page 1219κ
Senate Bill No. 448Committee on Health and Human Services
CHAPTER 267
[Approved: May 29, 2013]
AN ACT relating to health care; instructing the Legislative Committee on Health Care to consider methods to promote federally qualified health centers and rural health clinics as part of its interim review of health care; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under federal law, a nonprofit entity may qualify as a federally qualified health center if it: (1) is receiving a federal grant under section 330 of the federal Public Health Service Act (42 U.S.C. § 254b) because it serves certain populations that are medically underserved; (2) is receiving funding from such a federal grant under a contract with the recipient of the grant and the entity otherwise meets the requirements for receiving such a federal grant; or (3) is not receiving such a federal grant but the Secretary of the United States Department of Health and Human Services determines that the entity otherwise meets the requirements for receiving such a federal grant based on the recommendation of the Health Resources and Services Administration of the Department. (42 U.S.C. § 1396d(l)(2)(B))
Additionally under federal law, a rural health clinic is a public or private clinic that is certified by the Secretary of the Department to receive special Medicare and Medicaid reimbursement for the purpose of improving access to primary care services in underserved rural areas. (42 U.S.C. § 1395x(aa)(2))
Section 2 of this bill instructs the Legislative Committee on Health Care to consider methods to promote federally qualified health centers and rural health clinics as part of its review of health care during the 2013-2015 legislative interim and to submit a report to the next session of the Legislature with any recommendations for legislation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. 1. As part of its review of health care during the 2013-2015 legislative interim, the Legislative Committee on Health Care shall consider methods to promote federally qualified health centers and rural health clinics in this State which must include, without limitation, consideration of:
(a) The strategies used by other states that have had success with federally qualified health centers and rural health clinics and whether those strategies could be used to increase the number of federally qualified health centers and rural health clinics in this State.
(b) The locations in this State which have been designated as medically underserved urban or rural communities and which would benefit from federally qualified health centers or rural health clinics.
(c) The likely impacts of establishing one or more new or existing facilities as federally qualified health centers or rural health clinics, including, without limitation, the economic impacts and the impacts on access to primary care services for recipients of Medicare and Medicaid, the underinsured and the uninsured.
κ2013 Statutes of Nevada, Page 1220 (CHAPTER 267, SB 448)κ
(d) The types of federal benefits and federal funding options that are available to support the establishment of federally qualified health centers and rural health clinics.
(e) The feasibility of a county or district hospital establishing one or more new or existing facilities as federally qualified health centers or rural health clinics to enhance the provision of primary care services in any medically underserved urban or rural communities in the county or district, respectively.
2. On or before February 2, 2015, the Legislative Committee on Health Care shall submit to the Legislature a written report concerning its consideration of the methods to promote federally qualified health centers and rural health clinics in this State, which must include, without limitation, any recommendations for legislation.
3. As used in this section:
(a) Federally qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(b) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
Sec. 3. This act becomes effective on July 1, 2013.
________
Senate Bill No. 449Committee on Health and Human Services
CHAPTER 268
[Approved: May 29, 2013]
AN ACT relating to public health; increasing the period during which a person is subject to additional penalties upon conviction of a third or subsequent offense involving the unlawful disposal of any cesspool or septic tank effluent or solid waste; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth penalties for a person who is found guilty of illegally disposing of solid waste, sewage or certain other similar materials three or more times during a period of 2 years. Such an offender: (1) is guilty of a gross misdemeanor; and (2) must be imprisoned in the county jail for 1 year, clean up the dump site and perform community service. (NRS 444.630)
This bill increases from 2 years to 4 years the period during which a third or subsequent offense involving the illegal disposal of any cesspool or septic tank effluent or solid waste subjects the offender to those penalties.
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 444.630 is hereby amended to read as follows:
444.630 1. A person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property, is guilty of:
κ2013 Statutes of Nevada, Page 1221 (CHAPTER 268, SB 449)κ
excreta, or any solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property, is guilty of:
(a) [For] Except as otherwise provided in paragraph (c), for a first offense within the immediately preceding 2 years, a misdemeanor.
(b) [For] Except as otherwise provided in paragraph (c), for a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 14 days but not more than 1 year.
(c) [For] Except as otherwise provided in this paragraph, for a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.
[2.] If, within the immediately preceding 4 years, a person commits three or more offenses that involve placing, depositing or dumping, or causing to be placed, deposited or dumped, any cesspool or septic tank effluent or solid waste, the person is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.
2. For the purposes of subsection 1, an offense that occurred within 2 or 4 years, as applicable, immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
3. In addition to any criminal penalty imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed pursuant to NRS 444.629, a court shall sentence a person convicted of violating subsection 1:
(a) If the person is a natural person, to clean up the dump site and perform 10 hours of community service under the conditions prescribed in NRS 176.087.
(b) If the person is a business entity:
(1) [For] Except as otherwise provided in subparagraph (2), for a first or second offense within the immediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.
(2) For a third or subsequent offense within the immediately preceding 2 or 4 years, as applicable pursuant to paragraph (c) of subsection 1, to:
(I) Clean up the dump site; and
(II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.
[3.] 4. If a person is sentenced to clean up a dump site pursuant to subsection [2,] 3, the person shall:
(a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and
(b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.
κ2013 Statutes of Nevada, Page 1222 (CHAPTER 268, SB 449)κ
Κ The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).
[4.] 5. In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:
(a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this State; and
(b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.
[5.] 6. Except as otherwise provided in NRS 444.585, ownership of solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any solid waste which is disposed of in violation of subsection 1 creates a reasonable inference that the owner is the person who disposed of the solid waste. The fact that the disposal of the solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.
[6.] 7. All:
(a) Health officers and their deputies;
(b) Game wardens;
(c) Police officers of cities and towns;
(d) Sheriffs and their deputies;
(e) Other peace officers of the State of Nevada; and
(f) Other persons who are specifically designated by the local government to do so,
Κ shall, within their respective jurisdictions, enforce the provisions of this section.
[7.] 8. A district health officer or a deputy of the district health officer or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within the jurisdiction of the district health officer.
[8.] 9. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:
(a) Agency of the State or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is in the business of providing credit reports.
(e) Public utility.
Κ Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
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κ2013 Statutes of Nevada, Page 1223κ
Senate Bill No. 453Committee on Health and Human Services
CHAPTER 269
[Approved: May 29, 2013]
AN ACT relating to public health; allowing a physician to issue an order for auto-injectable epinephrine to a public or private school; providing for public and private schools to obtain auto-injectable epinephrine under certain conditions; requiring public and private schools, if feasible, to provide certain training to employees and to develop a comprehensive plan concerning anaphylaxis; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law allows the parent or legal guardian of a pupil in a public school to request that the pupil be allowed to carry and self-administer medication for the treatment of asthma or anaphylaxis in certain circumstances. If this request is granted, the school is allowed to store additional doses of the medication for the pupils use and the board of trustees of the school district, the school district and the school and the employees or agents thereof are immune from liability for any injury to or death of the pupil as a result of self-administration or a failure to self-administer the medication. (NRS 392.425)
Sections 14 and 16 of this bill allow a physician or osteopathic physician to issue an order for auto-injectable epinephrine to a public or private school to be maintained at the school for the treatment of anaphylaxis that may be experienced by any person at the school. Sections 14 and 16 also provide that a physician or osteopathic physician is not subject to disciplinary action for issuing such an order to a school.
Section 7 of this bill requires each public school, including, without limitation, each charter school, to obtain an order from a physician or osteopathic physician for auto-injectable epinephrine to maintain the drug at the school. Section 12 of this bill similarly authorizes a private school to obtain and maintain auto-injectable epinephrine at the school. If a public or private school obtains an order for auto-injectable epinephrine, sections 3.5, 7 and 12 of this bill allow a school nurse or other designated employee of the public or private school, as applicable, who has received training in the storage and administration of auto-injectable epinephrine to possess and administer auto-injectable epinephrine to a pupil on the premises of the school during the school day who is reasonably believed to be experiencing anaphylaxis. Sections 4, 10 and 12 of this bill require training in the storage and administration of epinephrine to be provided to designated employees of a public or private school. Section 15 of this bill provides that a nurse is not subject to disciplinary action for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to section 14 or 16.
Sections 9 and 13 of this bill require each public or private school, to the extent feasible: (1) to provide training concerning food allergies to certain employees; and (2) to develop a comprehensive action plan for anaphylaxis.
κ2013 Statutes of Nevada, Page 1224 (CHAPTER 269, SB 453)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:
Sections 1, 2 and 3. (Deleted by amendment.)
Sec. 3.5. Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:
A school nurse or other employee of a public or private school who is authorized pursuant to section 7 or 12 of this act to administer auto-injectable epinephrine may possess and administer auto-injectable epinephrine maintained by the school if the school nurse or other employee has received training in the proper storage and administration of auto-injectable epinephrine as required by section 7 or 12 of this act.
Sec. 4. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each charter school shall designate one or more employees of the school who is authorized to administer auto-injectable epinephrine.
2. Each charter school shall ensure that each person so designated receives training in the proper storage and administration of auto-injectable epinephrine.
Sec. 5. NRS 386.490 is hereby amended to read as follows:
386.490 As used in NRS 386.490 to 386.610, inclusive, and section 4 of this act, the words and terms defined in NRS 386.495, 386.500 and 386.503 have the meanings ascribed to them in those sections.
Sec. 6. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 7, 8 and 9 of this act.
Sec. 7. 1. Each public school, including, without limitation, each charter school, shall obtain an order from a physician or osteopathic physician for auto-injectable epinephrine pursuant to section 14 or 16 of this act and acquire at least two doses of the medication to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the public school is used or expires, the public school shall ensure that at least two doses of the medication are available at the school and obtain additional doses to replace the used or expired doses if necessary.
2. Auto-injectable epinephrine maintained by a public school pursuant to this section may be administered:
(a) At a public school other than a charter school, by a school nurse or any other employee of the public school who has been designated by the school nurse and has received training in the proper storage and administration of auto-injectable epinephrine; or
(b) At a charter school, by the employee designated to be authorized to administer auto-injectable epinephrine pursuant to section 4 of this act if the person has received the training in the proper storage and administration of auto-injectable epinephrine.
3. A school nurse or other designated employee of a public school may administer auto-injectable epinephrine maintained at the school to any pupil on the premises of the public school during regular school hours whom the school nurse or other designated employee reasonably believes is experiencing anaphylaxis.
4. A public school may accept gifts, grants and donations from any source for the support of the public school in carrying out the provisions of this section, including, without limitation, the acceptance of auto-injectable epinephrine from a manufacturer or wholesaler of auto-injectable epinephrine.
κ2013 Statutes of Nevada, Page 1225 (CHAPTER 269, SB 453)κ
this section, including, without limitation, the acceptance of auto-injectable epinephrine from a manufacturer or wholesaler of auto-injectable epinephrine.
Sec. 8. 1. Each public school shall ensure that auto-injectable epinephrine maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.
2. Each school district shall establish a policy for the schools within the district, other than charter schools, regarding the proper handling and transportation of auto-injectable epinephrine.
3. Not later than 30 days after the last day of each school year, each school district and charter school shall submit a report to the Health Division of the Department of Health and Human Services identifying the number of doses of auto-injectable epinephrine that were administered at each public school within the school district or charter school, as applicable, during the school year.
Sec. 9. Each public school, including, without limitation, each charter school, shall, to the extent feasible:
1. Provide training concerning food allergies to each employee who works with food at the school and to such other employees as deemed appropriate by the school nurse in collaboration with the principal or other person in charge of the school; and
2. Develop a comprehensive action plan concerning anaphylaxis, which includes, without limitation, information relating to:
(a) The risks that may cause anaphylaxis;
(b) Ways to avoid risks that may cause anaphylaxis;
(c) The signs and symptoms of a person experiencing anaphylaxis;
(d) How to access auto-injectable epinephrine when necessary; and
(e) Medical care that should be received after the administration of auto-injectable epinephrine.
Sec. 10. NRS 391.207 is hereby amended to read as follows:
391.207 1. The provision of nursing services in a school district by school nurses and other qualified personnel must be under the direction and supervision of a chief nurse who is a registered nurse as provided in NRS 632.240 and who:
(a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission; or
(b) Is employed by a state, county, city or district health department and provides nursing services to the school district in the course of that employment.
2. A school district shall not employ a person to serve as a school nurse unless the person holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission.
3. The chief nurse shall ensure that each school nurse:
(a) Coordinates with the principal of each school to designate employees of the school who are authorized to administer auto-injectable epinephrine; and
(b) Provides the employees so designated with training concerning the proper storage and administration of auto-injectable epinephrine.
Sec. 11. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act:
Sec. 12. 1. A private school may obtain an order from a physician or osteopathic physician for auto-injectable epinephrine pursuant to section 14 or 16 of this act to be maintained at the school.
κ2013 Statutes of Nevada, Page 1226 (CHAPTER 269, SB 453)κ
section 14 or 16 of this act to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the private school is used or expires, the private school may obtain additional doses of auto-injectable epinephrine to replace the used or expired auto-injectable epinephrine.
2. Auto-injectable epinephrine maintained by a private school pursuant to this section may be administered by a school nurse or any other employee of the private school who has received training in the proper storage and administration of auto-injectable epinephrine.
3. A school nurse or other trained employee may administer auto-injectable epinephrine maintained at the school to any pupil on the premises of the private school during regular school hours whom the school nurse or other trained employee reasonably believes is experiencing anaphylaxis.
4. A private school shall ensure that auto-injectable epinephrine maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.
Sec. 13. The governing body of each private school shall, to the extent feasible:
1. Provide training concerning food allergies to each employee who works with food at the school and to such other employees as deemed appropriate by the principal or other person in charge of the school; and
2. Develop a comprehensive action plan concerning anaphylaxis, which includes, without limitation, information relating to:
(a) The risks that may cause anaphylaxis;
(b) Ways to avoid risks that may cause anaphylaxis;
(c) The signs and symptoms of a person experiencing anaphylaxis;
(d) How to access auto-injectable epinephrine when necessary; and
(e) Medical care that should be received after the administration of auto-injectable epinephrine.
Sec. 14. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A physician may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
2. An order issued pursuant to subsection 1 must contain:
(a) The name and signature of the physician and the address of the physician if not immediately available to the pharmacist;
(b) The classification of his or her license;
(c) The name of the public or private school to which the order is issued;
(d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and
(e) The date of issue.
3. A physician is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.
κ2013 Statutes of Nevada, Page 1227 (CHAPTER 269, SB 453)κ
4. As used in this section:
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Sec. 15. NRS 632.320 is hereby amended to read as follows:
632.320 1. The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,
Κ in which case the record of conviction is conclusive evidence thereof.
(c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.
(f) Is a person with mental incompetence.
(g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:
(1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
(3) Impersonating another licensed practitioner or holder of a certificate.
(4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.
(5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
(6) Physical, verbal or psychological abuse of a patient.
(7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
(i) Is guilty of aiding or abetting any person in a violation of this chapter.
(j) Has falsified an entry on a patients medical chart concerning a controlled substance.
(k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.
κ2013 Statutes of Nevada, Page 1228 (CHAPTER 269, SB 453)κ
(l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.
(m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.
(n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(o) Has willfully failed to comply with a regulation, subpoena or order of the Board.
(p) Has operated a medical facility at any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
2. For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.
3. A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to section 14 or 16 of this act.
Sec. 16. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An osteopathic physician may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
2. An order issued pursuant to subsection 1 must contain:
(a) The name and signature of the osteopathic physician and the address of the osteopathic physician if not immediately available to the pharmacist;
(b) The classification of his or her license;
(c) The name of the public or private school to which the order is issued;
(d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and
(e) The date of issue.
κ2013 Statutes of Nevada, Page 1229 (CHAPTER 269, SB 453)κ
3. An osteopathic physician is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.
4. As used in this section:
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Secs. 17 and 18. (Deleted by amendment.)
Sec. 19. NRS 639.2357 is hereby amended to read as follows:
639.2357 1. Upon the request of a patient, or a public or private school for which an order was issued pursuant to section 14 or 16 of this act, a registered pharmacist shall transfer a prescription [for the patient] or order to another registered pharmacist.
2. A registered pharmacist who transfers a prescription or order pursuant to subsection 1 shall comply with any applicable regulations adopted by the Board relating to the transfer.
3. The provisions of this section do not authorize or require a pharmacist to transfer a prescription or order in violation of:
(a) Any law or regulation of this State;
(b) Federal law or regulation; or
(c) A contract for payment by a third party if the patient is a party to that contract.
Sec. 20. (Deleted by amendment.)
Sec. 21. 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. 22. This act becomes effective on July 1, 2013.
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Senate Bill No. 458Committee on Legislative Operations and Elections
CHAPTER 270
[Approved: May 29, 2013]
AN ACT relating to elections; enacting the Uniform Faithful Presidential Electors Act; repealing certain provisions governing presidential electors; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The United States Constitution provides for the election of President and Vice President by electors from each state who are appointed in the manner directed by each state legislature. (U.S. Const. Art. II, § 1, cl. 2, U.S. Const. Amend. XII) Existing law provides for the presidential electors to be appointed by major and minor political parties and by independent candidates and requires the presidential electors to vote only for the nominees for President and Vice President of the party or the independent candidates that prevail in this State in the general election. (NRS 298.020, 298.050, 298.109)
This bill enacts the Uniform Faithful Presidential Electors Act. Section 6 of this bill provides for the nomination of presidential electors, and alternates thereof, by major and minor political parties and by independent candidates. Section 7 of this bill requires early nominee for presidential elector and alternate to sign a pledge to vote only for the candidates for President and Vice President who receive the highest number of votes in this State at the general election.
κ2013 Statutes of Nevada, Page 1230 (CHAPTER 270, SB 458)κ
number of votes in this State at the general election. Section 8 of this bill requires the certificate of ascertainment, which is required by federal law (3 U.S.C. § 6) to be sent to the Archivist of the United States, to include a statement regarding filling a vacancy in the position of presidential elector. Section 11 of this bill provides for an amended certificate of ascertainment if the persons who serve as presidential electors are not the persons who were indicated on the original certificate of ascertainment.
Section 9 of this bill requires the Secretary of State to preside over the meeting of presidential electors, which, according to federal law, must be held on the first Monday after the second Wednesday in December of a presidential election year. (3 U.S.C. § 7) Section 9 also provides for the filling of any vacancies in the position of presidential elector at that meeting.
Section 10 of this bill sets forth the procedure for presidential electors to cast ballots for the offices of President and Vice President.
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 298 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. Sections 2 to 12, inclusive, of this act may be cited as the Uniform Faithful Presidential Electors Act.
Sec. 3. As used in sections 2 to 12, inclusive, of this act, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 4. Alternate means a person selected pursuant to section 6 of this act to be an alternate to a nominee for presidential elector.
Sec. 5. Nominee for presidential elector means a person selected pursuant to section 6 of this act to be a nominee to the position of presidential elector by a major political party, a minor political party or an independent candidate nominated for the office of President pursuant to NRS 298.109.
Sec. 6. 1. Each major political party shall, at the state convention of the major political party held in that year, select from the qualified electors who are legally registered members of the major political party:
(a) A nominee to the position of presidential elector; and
(b) An alternate to the nominee for presidential elector,
Κ for each position of presidential elector required by law.
2. Each minor political party shall choose from the qualified electors who are legally registered members of the minor political party:
(a) A nominee to the position of presidential elector; and
(b) An alternate to the nominee for presidential elector,
Κ for each position of presidential elector required by law.
3. Each independent candidate nominated for the office of President pursuant to NRS 298.109 shall, at the time of filing the petition as required pursuant to subsection 1 of NRS 298.109, or within 10 days thereafter, choose from the qualified electors:
(a) A nominee to the position of presidential elector; and
(b) An alternate to the nominee for presidential elector,
Κ for each position of presidential elector required by law.
κ2013 Statutes of Nevada, Page 1231 (CHAPTER 270, SB 458)κ
Sec. 7. 1. Except as otherwise provided in subsection 2, a nominee for presidential elector or an alternate may not serve as a presidential elector unless the nominee for presidential elector or the alternate signs a pledge in substantially the following form:
If selected for the position of presidential elector, I agree to serve as such and to vote only for the nominees for President and Vice President of the political party or the independent candidates who received the highest number of votes in this State at the general election.
2. If a nominee for presidential elector or an alternate is physically unable to sign the pledge, the pledge may be signed by proxy in the presence of the nominee for presidential elector or the alternate, as applicable.
3. The chair and secretary of the convention of a major political party, the person who is authorized to file the list of candidates for partisan office of a minor political party with the Secretary of State pursuant to NRS 293.1725 or an independent candidate shall submit to the Secretary of State each pledge signed pursuant to this section with the list of nominees for presidential elector and alternates.
Sec. 8. The certificate of ascertainment submitted to the Archivist of the United States pursuant to 3 U.S.C. § 6 must include a statement that:
1. Each nominee for presidential elector shall serve as a presidential elector unless a vacancy occurs in the position of presidential elector held by that nominee for presidential elector before the conclusion of the meeting of presidential electors held pursuant to 3 U.S.C. § 7; and
2. If a person is appointed pursuant to section 9 of this act to fill a vacancy in a position of presidential elector, the Secretary of State will submit an amended certificate of ascertainment to the Archivist.
Sec. 9. 1. The Secretary of State shall preside at the meeting of presidential electors held pursuant to 3 U.S.C. § 7. Except as otherwise provided in this section and section 10 of this act, the nominees for presidential elector whose candidates for President and Vice President receive the highest number of votes in this State at the general election are the presidential electors.
2. If a nominee for presidential elector is not present to vote at the meeting, the position of presidential elector to be filled by that nominee for presidential elector is vacant and the vacancy must be filled as follows:
(a) If the alternate is present at the meeting, the Secretary of State shall appoint the alternate to the position of presidential elector;
(b) If the alternate is not present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person chosen by lot from among the alternates present at the meeting, if any;
(c) If no alternates are present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person who is:
(1) A qualified elector;
(2) Present at the meeting; and
(3) Chosen through nomination by and plurality vote of presidential electors who are present at the meeting; and
κ2013 Statutes of Nevada, Page 1232 (CHAPTER 270, SB 458)κ
(d) If votes cast pursuant to subparagraph (3) of paragraph (c) result in a tie, the Secretary of State shall appoint to the position of presidential elector a person who is chosen by lot from those persons who tied for the most votes.
3. If all the positions of presidential elector are vacant and no alternates are present at the meeting, the Secretary of State shall appoint from the qualified electors one person to the position of presidential elector, and the remaining positions must be filled pursuant to paragraphs (c) and (d) of subsection 2.
4. The nomination by and vote of a single presidential elector is sufficient to choose a person to be appointed to the position of presidential elector pursuant to subparagraph (3) of paragraph (c) of subsection 2.
5. Except as otherwise provided in subsection 6, a person appointed to the position of presidential elector pursuant to this section may not serve in that position unless the person signs a pledge in substantially the following form:
I agree to serve as a presidential elector and to vote only for the nominees for President and Vice President of the party or the independent candidates who received the highest number of votes in this State at the general election.
6. If a person appointed to the position of presidential elector pursuant to this section is physically unable to sign the pledge, the pledge may be signed by proxy.
7. If a person appointed to a position of presidential elector pursuant to this section does not sign the pledge described in subsection 5, that position of presidential elector is vacant and must be filled pursuant to this section.
Sec. 10. 1. The Secretary of State shall provide to each presidential elector a ballot for the office of President and a ballot for the office of Vice President. The presidential elector shall mark the applicable ballot provided by the Secretary of State for the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President. The presidential elector shall sign and legibly print his or her name on the ballots and present the ballots to the Secretary of State.
2. After all presidential electors have presented their ballots to the Secretary of State, the Secretary of State shall examine each ballot. If a presidential elector:
(a) Presents both ballots and the ballots are marked with votes for the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President, respectively, the Secretary of State shall accept both ballots.
(b) Does not present both ballots, presents an unmarked ballot or presents a ballot marked with a vote that does not conform with the provisions of subsection 1:
(1) The Secretary of State shall refuse to accept either ballot of the presidential elector; and
κ2013 Statutes of Nevada, Page 1233 (CHAPTER 270, SB 458)κ
(2) The Secretary of State shall deem the presidential electors position vacant. The vacancy must be filled pursuant to the provisions of section 9 of this act. The person appointed to fill the vacancy in the position of presidential elector, after signing the pledge described in section 9 of this act, shall mark both ballots and present both ballots to the Secretary of State pursuant to this section.
3. Only the votes accepted by the Secretary of State pursuant to this section may be recorded on the lists of votes made by the presidential electors pursuant to 3 U.S.C. § 9.
Sec. 11. If the presidential electors whose votes are accepted by the Secretary of State pursuant to section 10 of this act are not the same persons indicated on the certificate of ascertainment submitted to the Archivist of the United States pursuant to 3 U.S.C. § 6, the Secretary of State shall:
1. Prepare an amended certificate of ascertainment that contains the names of persons who served as presidential electors; and
2. Communicate to the Archivist of the United States the amended certificate of ascertainment and a statement that the amended certificate is to replace the certificate of ascertainment previously submitted to the Archivist.
Sec. 12. In applying and construing the provisions of sections 2 to 12, inclusive, of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Faithful Presidential Electors Act.
Sec. 13. NRS 298.109 is hereby amended to read as follows:
298.109 1. A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on the second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the Secretary of State a declaration of candidacy and a petition of candidacy, in which the person must also designate a nominee for Vice President. The petition must be signed by a number of registered voters equal to not less than 1 percent of the total number of votes cast at the last preceding general election for candidates for the offices of Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year. The candidate shall file a copy of the petition the person intends to circulate for signatures with the Secretary of State.
2. The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition of candidacy with the Secretary of State pursuant to subsection 1. Each person signing shall add to his or her signature the address of the place at which he or she resides, the date that he or she signs and the name of the county wherein he or she is registered to vote. Each document of the petition must also contain the affidavit of the person who circulated the document that all signatures thereon are genuine to the best of the persons knowledge and belief and were signed in his or her presence by persons registered to vote in that county.
κ2013 Statutes of Nevada, Page 1234 (CHAPTER 270, SB 458)κ
3. [Each independent candidate so nominated for the office of President shall at the time of filing the petition as provided in subsection 1, or within 10 days thereafter, file with the Secretary of State a written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his or her electors, all of whom must then be registered voters. Immediately following receipt of each candidates written designation of the candidates nominees for electors, the Secretary of State shall record them in the Secretary of States office as the nominees for presidential electors of that independent candidate.
4.] If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the First Judicial District Court not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the fourth Tuesday in August.
[5.] 4. The county clerk shall not disqualify the signature of a voter who fails to provide all the information required by this section if the voter is registered in the county named on the document.
Sec. 14. NRS 298.010, 298.020, 298.025, 298.030, 298.040, 298.050, 298.060, 298.070 and 298.080 are hereby repealed.
________
Senate Bill No. 468Committee on Finance
CHAPTER 271
[Approved: May 29, 2013]
AN ACT relating to water; revising provisions governing fees collected by the State Engineer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth a schedule of fees that the State Engineer is required to collect for providing various services relating to the appropriation of water for beneficial uses in Nevada. (NRS 533.135, 533.435, 533.4373) This bill adds several additional fees and increases various existing fees collected by the State Engineer.
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 533.135 is hereby amended to read as follows:
533.135 1. At the time of submission of proofs of appropriation, where the necessary maps are prepared by the State Engineer, the fee collected from any claimants must be the actual cost of the survey and the preparation of maps.
2. The State Engineer shall collect a fee of [$50] $60 for a proof of water used for watering livestock or wildlife purposes. The State Engineer shall collect a fee of [$100] $120 for any other character of claim to water.
κ2013 Statutes of Nevada, Page 1235 (CHAPTER 271, SB 468)κ
3. All fees collected as provided in this section must be accounted for in detail and deposited with the State Treasurer [.] into the Water Distribution Revolving Account created pursuant to NRS 532.210.
Sec. 2. NRS 533.340 is hereby amended to read as follows:
533.340 In addition to the requirements of NRS 533.335, the application shall contain:
1. If for irrigation purposes, except in case of an application for a permit to store water, the number of acres to be irrigated and a description by legal subdivisions, where possible, of the lands to be irrigated.
2. If for power purposes, the vertical head under which the water will be applied, the location of the proposed powerhouse, and, as near as may be, the use to which the power is to be applied.
3. If for municipal supply or for domestic use, the approximate number of persons to be served, and the approximate future requirement.
4. If for mining purposes, the proposed method of applying and utilizing the water.
5. If for stock-watering purposes, the approximate number and character of animals to be watered.
6. If for any purpose contemplating the storage of waters, in addition to the information required in applications naming the purpose, the dimensions and location of the proposed dam, the capacity of the proposed reservoir, and a description of the land to be submerged by the impounded waters.
7. If for additional rate of diversion where no additional volume of water is granted, sufficient information demonstrating the need for the additional rate of diversion.
Sec. 3. NRS 533.435 is hereby amended to read as follows:
533.435 1. The State Engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water [$300.00] $360.00
This fee includes the cost of publication, which is $50.
For reviewing a corrected application or map, or both, in connection with an application for a water right permit [to appropriate water]................................................. 100.00
For examining and acting upon plans and specifications for construction of a dam [1,000.00] 1,200.00
For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right............................. [200.00] 240.00
This fee includes the cost of [the] publication , [of the application,] which is $50.
For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right........................... 180.00
κ2013 Statutes of Nevada, Page 1236 (CHAPTER 271, SB 468)κ
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water [or watering livestock] or wildlife purposes................................................................ [$300.00] $360.00
plus $3 per acre-foot approved or fraction thereof.
Except for generating hydroelectric power [which results in nonconsumptive use of the water, for watering livestock] or wildlife purposes , [which change the point of diversion or place of use only or for irrigational purposes which change the point of diversion or place of use only,] for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose..................................................................................... [250.00] 300.00
plus $3 per acre-foot approved or fraction thereof.
For issuing and recording each permit for additional rate of diversion where no additional volume of water is granted.................................................................... 1,000.00
For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes , a maximum fee of 750.00
For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right [only] whether temporary or permanent for watering livestock or wildlife purposes..................................................................................... [200.00] 240.00
plus $50 for each [second-] foot of water approved or fraction thereof.
For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water........................................................................... [400.00] 480.00
plus $50 for each second-foot of water approved or fraction thereof.
For issuing a waiver in connection with an application to drill a well [100.00] 120.00
For filing and examining a notice of intent to drill a well...... 25.00
κ2013 Statutes of Nevada, Page 1237 (CHAPTER 271, SB 468)κ
For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells......................................................................................... $300.00
For filing a secondary application under a reservoir permit [250.00] 300.00
For approving and recording a secondary permit under a reservoir permit [450.00] 540.00
For reviewing each tentative subdivision map.......... [150.00] 180.00
plus $1 per lot.
For reviewing and approving each final subdivision map [100.00] 120.00
For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet............................................................... [400.00] 480.00
plus [$1] $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For flood control detention basins............................................. 480.00
plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For filing proof of completion of work............................ [50.00] 60.00
For filing proof of beneficial use...................................... [50.00] 60.00
For issuing and recording a certificate upon approval of the proof of beneficial use. 350.00
For filing proof of resumption of a water right.......... [300.00] 360.00
For filing any protest........................................................... [25.00] 30.00
For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought [100.00] 120.00
For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought.................................................... 120.00
For reviewing a cancellation of a water right pursuant to a petition for review [300.00] 360.00
For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384...................................................................... [100.00] 120.00
plus $20 per conveyance document
For filing any other instrument....................................................... 10.00
For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page.......................................................................................................... 1.00
For each additional page...................................................................... .20
κ2013 Statutes of Nevada, Page 1238 (CHAPTER 271, SB 468)κ
For certifying to copies of documents, records or maps, for each certificate [$5.00] $6.00
For each [blueprint] copy of any full size drawing or map [, per square foot] [5.00] 6.00
For each color copy of any full size drawing or map (2' x 3') 12.00
The minimum charge for a blueprint copy, per print.................... 3.00
For colored mylar plots.................................................................... 10.00
2. When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the [State General Fund.] Water Distribution Revolving Account created pursuant to NRS 532.210. All fees received for blueprint copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the [State General Fund. The State Engineer may maintain, with the approval of the State Board of Examiners, a checking account in any bank or credit union qualified to handle state money to carry out the provisions of this subsection. The account must be secured by a depository bond satisfactory to the State Board of Examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.] Water Distribution Revolving Account created pursuant to NRS 532.210.
Sec. 4. NRS 533.4373 is hereby amended to read as follows:
533.4373 In addition to the information required by NRS 533.335, an applicant for an environmental permit shall submit to the State Engineer:
1. A copy of a letter or order issued by the Division of Environmental Protection of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment;
2. Any other information which is necessary for a full understanding of the necessity of the appropriation; and
3. For examining and filing the application for the environmental permit, [$150.] $180. For issuing and recording the environmental permit, [$150 plus $1] $180 plus $3 per acre-foot approved or fraction thereof.
Sec. 5. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1239κ
Senate Bill No. 497Committee on Commerce, Labor and Energy
CHAPTER 272
[Approved: May 29, 2013]
AN ACT relating to dental care; revising provisions relating to plans for dental care; revising provisions governing certain billing practices of dentists; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill prohibits a plan for dental care or a contract between an organization for dental care and a dentist who provides dental care to persons enrolled in such a plan and their dependents from requiring the dentist to accept a fee set by or subject to the approval of an organization for dental care for dental care other than certain covered services. Section 1 further prohibits an organization for dental care or any other person providing services as a third-party administrator from making any dentists available in its network of dentists to a plan for dental care that sets fees for any dental care except covered services.
Existing law authorizes the Commissioner of Insurance to: (1) suspend or revoke the certificate of authority issued to an organization for dental care that fails to comply substantially with the provisions which govern plans for dental care; and (2) impose a fine of not more than $500 for each violation. (NRS 695D.300) An organization for dental care that violates the provisions of section 1 is subject to those provisions.
Section 3 of this bill requires, under certain circumstances, a dentist to charge the same fees for a covered service for which reimbursement is not available because the patient has exceeded the benefit provided for the calendar year under the terms of a policy given to the patient pursuant to a plan for dental care as the dentist would have charged the patient if the benefit provided for the calendar year under the terms of the policy had not been exceeded.
Existing law authorizes the Board of Dental Examiners of Nevada to suspend or revoke the license or renewal certificate of, or to impose a fine against, a dentist or dental hygienist who violates any provisions which govern dentistry and dental hygiene. (NRS 631.350) A dentist who violates the provisions of section 3 is subject to that provision.
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 695D of NRS is hereby amended by adding thereto a new section to read as follows:
1. No plan for dental care and no contract between an organization for dental care and a dentist may require, directly or indirectly, that the dentist provide dental care to a member at a fee set by or subject to the approval of the organization for dental care unless the dental care is a covered service.
2. An organization for dental care or any other person providing services as a third-party administrator shall not make available any dentists in its network of dentists to a plan for dental care that sets fees for any dental care except covered services.
3. As used in this section, covered service means dental care for which reimbursement is available under a members policy, or for which reimbursement would be available but for the application of a contractual limitation, including, without limitation, any deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment or any other limitation.
κ2013 Statutes of Nevada, Page 1240 (CHAPTER 272, SB 497)κ
reimbursement would be available but for the application of a contractual limitation, including, without limitation, any deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment or any other limitation.
Sec. 2. NRS 695D.225 is hereby amended to read as follows:
695D.225 1. [A] Except as otherwise provided in section 1 of this act, 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. 3. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a dentist accepts payment for the costs of dental care from a patients plan for dental care and the dentist provides a covered service to the patient for which reimbursement is not available because the patient has exceeded the benefit provided for the calendar year under the terms of the patients policy, the dentist shall charge the same fees to the patient for the covered service as the dentist would have charged the patient pursuant to the terms of the policy if the benefit provided for the calendar year under the terms of the policy had not been exceeded.
2. As used in this section:
(a) Covered service has the meaning ascribed to it in section 1 of this act.
(b) Dental care has the meaning ascribed to it in NRS 695D.030.
(c) Plan for dental care has the meaning ascribed to it in NRS 695D.070.
(d) Policy has the meaning ascribed to it in NRS 695D.080.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1241κ
Senate Bill No. 503Committee on Transportation
CHAPTER 273
[Approved: May 29, 2013]
AN ACT relating to motor vehicles; providing for the issuance of drivers licenses, identification cards and commercial drivers licenses valid for a period other than 4 years; providing for the issuance of certain nonresident commercial drivers licenses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Certain sections of NRS previously provided that a drivers license, identification card or motorcycle drivers license expired on the fourth anniversary of the holders birthday from the birthday nearest the date of issuance or renewal. These provisions expired by limitation on the date of expiration of any extension of time granted to this State by the Secretary of Homeland Security to comply with the provisions of the Real ID Act of 2005, which occurred on January 15, 2013. These provisions were replaced by provisions that require the Department to adopt regulations prescribing when a license or identification card expires. (NRS 483.380, 483.875, 486.161) Sections 9-11 and 18 of this bill allow the Department to charge existing fees for licenses and identification cards which expire on or before the fourth anniversary of the persons birthday and to charge twice certain existing fees for licenses and identification cards which expire on the eighth anniversary of the persons birthday or the eighth anniversary of the date of issuance, as applicable.
Various other sections of NRS expired by limitation or were replaced by new sections effective upon this expiration on January 15, 2013, of the extension of time granted to this State by the Secretary of Homeland Security to comply with the provisions of the Real ID Act of 2005. (NRS 481.052, 483.290, 483.340, 483.345, 483.380, 483.840, 483.850, 483.860, 483.875, 486.081, 486.161) These provisions will be removed or changed as appropriate upon the next codification of NRS.
Existing law allows for the issuance of a commercial drivers license to nonresidents in certain circumstances. (NRS 483.934, 483.936) Federal regulations additionally allow for a nonresident to obtain a commercial drivers license or commercial learners permit if the person is a resident of a state that is prohibited from issuing commercial drivers licenses pursuant to 49 C.F.R. § 384.405. (49 C.F.R. § 383.78) Sections 21 and 22 of this bill provide for the issuance of a nonresident commercial drivers license or nonresident commercial learners permit to such a person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8. (Deleted by amendment.)
Sec. 9. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6 and NRS 483.417, for every drivers license, including a motorcycle drivers license, issued and service performed, the following fees must be charged:
An original or renewal license issued to a person 65 years of age or older $13.50
κ2013 Statutes of Nevada, Page 1242 (CHAPTER 273, SB 503)κ
An original or renewal license issued to any person less than 65 years of age which expires on the eighth anniversary of the licensees birthday ....................................................... $37.00
An original or renewal license issued to any person less than 65 years of age which expires on or before the fourth anniversary of the licensees birthday .................................. 18.50
Administration of the examination required by NRS 483.330 for a noncommercial drivers license 25.00
Each readministration to the same person of the examination required by NRS 483.330 for a noncommercial drivers license............................................................................................ 10.00
Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220 75.00
Reinstatement of a license after revocation for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220......................... 120.00
A new photograph, change of name, change of other information, except address, or any combination 5.00
A duplicate license............................................................................. 14.00
2. For every motorcycle endorsement to a drivers license, a fee of $5 must be charged.
3. If no other change is requested or required, the Department shall not charge a fee to convert the number of a license from the licensees social security number, or a number that was formulated by using the licensees social security number as a basis for the number, to a unique number that is not based on the licensees social security number.
4. Except as otherwise provided in NRS 483.417, the increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing a license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless the person is exempt pursuant to that section.
6. The Department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Cancelled pursuant to NRS 483.310.
7. All fees and penalties are payable to the Administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.340, subsection 3 of NRS 483.3485, NRS 483.415 and 483.840, and subsection 3 of NRS 483.863, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Sec. 10. 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] :
(a) Fifty cents, in addition to the fees set forth in NRS 483.410, for every drivers license, including a motorcycle drivers license, issued or renewed [.] which expires on or before the fourth anniversary of the licensees birthday.
κ2013 Statutes of Nevada, Page 1243 (CHAPTER 273, SB 503)κ
(b) One dollar, in addition to the fees set forth in NRS 483.410, for every drivers license, including a motorcycle drivers license, issued or renewed which expires on the eighth anniversary of the licensees birthday.
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. The money in the Account may be used only by the Department of Transportation for:
(a) The support of the position of Motor Vehicle Recovery and Transportation Planner created pursuant to NRS 408.234; and
(b) The support of the position of Highway Safety Information and Outreach Coordinator created pursuant to NRS 408.228, and to carry out the provisions of that section.
Sec. 11. NRS 483.820 is hereby amended to read as follows:
483.820 1. A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and who is not ineligible to receive an identification card pursuant to NRS 483.861, is entitled to receive an identification card if the person is:
(a) A resident of this State and is 10 years of age or older and does not hold a valid drivers license or identification card from any state or jurisdiction; or
(b) A seasonal resident who does not hold a valid Nevada drivers license.
2. Except as otherwise provided in NRS 483.825, the Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:
An original or duplicate identification card issued to a person 65 years of age or older $4
An original or duplicate identification card issued to a person under 18 years of age which expires on the eighth anniversary of the persons birthday.............................................. 6
A renewal of an identification card for a person under 18 years of age which expires on the eighth anniversary of the persons birthday................................................................................ 6
An original or duplicate identification card issued to a person under 18 years of age which expires on or before the fourth anniversary of the persons birthday................................. 3
A renewal of an identification card for a person under 18 years of age which expires on or before the fourth anniversary of the persons birthday.................................................................... 3
An original or duplicate identification card issued to any person at least 18 years of age, but less than 65 years of age, which expires on the eighth anniversary of the persons birthday 18
A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age, which expires on the eighth anniversary of the persons birthday.................. 18
An original or duplicate identification card issued to any [other] person at least 18 years of age, but less than 65 years of age, which expires on or before the fourth anniversary of the persons birthday 9
κ2013 Statutes of Nevada, Page 1244 (CHAPTER 273, SB 503)κ
A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age , which expires on or before the fourth anniversary of the persons birthday. $9
A new photograph or change of name, or both................................... 4
3. The Department shall not charge a fee for:
(a) An identification card issued to a person who has voluntarily surrendered his or her drivers license pursuant to NRS 483.420; or
(b) A renewal of an identification card for a person 65 years of age or older.
4. Except as otherwise provided in NRS 483.825, the increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
5. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
Secs. 12-17. (Deleted by amendment.)
Sec. 18. NRS 483.910 is hereby amended to read as follows:
483.910 1. The Department shall charge and collect the following fees:
For an original commercial drivers license or nonresident commercial drivers license which expires on the eighth anniversary of the date of issuance of the license ............... $108
For an original commercial drivers license , [which requires the Department to administer a driving skills test 84
For an original commercial drivers license which does not require the Department to administer a driving skills test] nonresident commercial drivers license, commercial learners permit or nonresident commercial learners permit which expires on or before the fourth anniversary of the birthday of the licensee or permit holder 54
For renewal of a commercial drivers license or nonresident commercial drivers license which expires on the eighth anniversary of the date of issuance of the license .................. 108
For renewal of a commercial drivers license , [which requires the Department to administer a driving skills test 84
For renewal of a commercial drivers license which does not require the Department to administer a driving skills test] nonresident commercial drivers license, commercial learners permit or nonresident commercial learners permit which expires on or before the fourth anniversary of the birthday of the licensee or permit holder 54
κ2013 Statutes of Nevada, Page 1245 (CHAPTER 273, SB 503)κ
For reinstatement of a commercial drivers license after suspension or revocation of the license for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)................................................................. $145
For reinstatement of a commercial drivers license after suspension, revocation, cancellation or disqualification of the license, except a suspension or revocation for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii) 110
[For the transfer of a commercial drivers license from another jurisdiction, which requires the Department to administer a driving skills test............................................................................. 84
For the transfer of a commercial drivers license from another jurisdiction, which does not require the Department to administer a driving skills test....................................................... 54]
For a duplicate commercial drivers license....................................... 19
For any change of information on a commercial drivers license.... 9
For each endorsement added after the issuance of an original commercial drivers license 14
For the administration of a driving skills test for the issuance, renewal or transfer of a commercial drivers license or to change any information on, or add an endorsement to, an existing commercial drivers license 30
2. The Department shall charge and collect an annual fee of $555 from each person who is authorized by the Department to administer a driving skills test pursuant to NRS 483.912.
3. An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.
4. An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.
5. The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
6. The Department shall charge an applicant for a hazardous materials endorsement an additional fee for the processing of fingerprints. The Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.
Secs. 19 and 20. (Deleted by amendment.)
Sec. 21. NRS 483.934 is hereby amended to read as follows:
483.934 Except as otherwise provided in NRS 483.936, the Department may not issue a commercial drivers license or commercial learners permit to a person unless the person is a resident of this State.
κ2013 Statutes of Nevada, Page 1246 (CHAPTER 273, SB 503)κ
Sec. 22. NRS 483.936 is hereby amended to read as follows:
483.936 A person who is a resident of a foreign jurisdiction which the Federal Highway Administrator has determined does not test drivers and issue commercial drivers licenses in accordance with federal standards or who is a resident of a state while that state is prohibited from issuing commercial drivers licenses pursuant to 49 C.F.R. § 384.405 and who wishes to be issued a nonresident commercial drivers license or nonresident commercial learners permit by this State must:
1. Apply to the Department for a nonresident commercial drivers license [;] or nonresident commercial learners permit; and
2. Comply with all other requirements contained in the regulations adopted by the Department pursuant to NRS 483.908.
Secs. 23-28. (Deleted by amendment.)
Sec. 29. 1. This section and sections 1 to 8, inclusive, 12 to 17, inclusive, 19, 20 and 23 to 28, inclusive, of this act become effective upon passage and approval.
2. Sections 9, 10 and 11 of this act become effective on January 1, 2014.
3. Sections 18, 21 and 22 of this act become effective on July 8, 2014.
________
Senate Bill No. 505Committee on Natural Resources
CHAPTER 274
[Approved: May 29, 2013]
AN ACT relating to interstate compacts; abolishing the Columbia Basin Interstate Compact Commission of the State of Nevada; repealing the ratification and approval of participation by the State of Nevada in the Columbia Interstate Compact; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Legislative Counsel and the Research Director of the Legislative Counsel Bureau to work collaboratively to develop recommendations for the elimination of obsolete or antiquated provisions of the Nevada Revised Statutes. (NRS 220.085) This bill abolishes the Columbia Basin Interstate Compact Commission of the State of Nevada which has become obsolete because other states did not enact provisions to allow their participation. This bill further repeals sections that provide for Nevadas participation in the Columbia Interstate Compact. (NRS 538.420-538.570)
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 538.420, 538.430, 538.450, 538.460, 538.470, 538.480, 538.490, 538.500, 538.510, 538.520, 538.530, 538.540, 538.550, 538.560 and 538.570 are hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1247κ
Senate Bill No. 506Committee on Commerce, Labor and Energy
CHAPTER 275
[Approved: May 29, 2013]
AN ACT relating to employment practices; repealing provisions governing certain employment practices concerning members of the Communist Party and related organizations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Legislative Counsel and the Research Director of the Legislative Counsel Bureau to work collaboratively to develop recommendations for the elimination of obsolete or antiquated provisions of the Nevada Revised Statutes. (NRS 220.085) This bill repeals an obsolete provision which excludes from the definition of the term unlawful employment practice any action or measure taken by an employer or certain entities against a person who is a member of the Communist Party or any other organization required to register as a Communist organization by order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950. (NRS 613.360; see 50 U.S.C. §§ 781 et seq.)
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 613.360 is hereby repealed.
________
Senate Bill No. 507Committee on Commerce, Labor and Energy
CHAPTER 276
[Approved: May 29, 2013]
AN ACT relating to financial institutions; repealing provisions relating to development corporations and corporations for economic revitalization and diversification; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Legislative Counsel and the Research Director of the Legislative Counsel Bureau to work collaboratively to develop recommendations for the elimination of obsolete or antiquated provisions of the Nevada Revised Statutes. (NRS 220.085) Section 8 of this bill repeals obsolete provisions relating to development corporations and corporations for revitalization and diversification, and sections 1-7 of this bill delete various statutory references to such corporations. (Chapters 670 and 670A of NRS)
κ2013 Statutes of Nevada, Page 1248 (CHAPTER 276, SB 507)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 658.098 is hereby amended to read as follows:
658.098 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:
(a) Check-cashing service or deferred deposit loan service that is supervised pursuant to chapter 604A of NRS;
(b) Collection agency that is supervised pursuant to chapter 649 of NRS;
(c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
(d) Trust company or family trust company that is supervised pursuant to chapter 669 or 669A of NRS;
(e) [Development corporation that is supervised pursuant to chapter 670 of NRS;
(f) Corporation for economic revitalization and diversification that is supervised pursuant to chapter 670A of NRS;
(g)] Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;
[(h)] (f) Savings and loan association that is supervised pursuant to chapter 673 of NRS;
[(i)] (g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;
[(j)] (h) Thrift company that is supervised pursuant to chapter 677 of NRS; and
[(k)] (i) Credit union that is supervised pursuant to chapter 678 of NRS.
2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:
(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
κ2013 Statutes of Nevada, Page 1249 (CHAPTER 276, SB 507)κ
Sec. 2. NRS 604A.250 is hereby amended to read as follows:
604A.250 The provisions of this chapter do not apply to:
1. Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, [development corporations,] mortgage brokers, mortgage bankers, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.
2. A person who is primarily engaged in the retail sale of goods or services who:
(a) As an incident to or independently of a retail sale or service, from time to time cashes checks for a fee or other consideration of not more than $2; and
(b) Does not hold himself or herself out as a check-cashing service.
3. A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.
4. A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.
5. A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.
6. A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check-cashing service in this State since July 1, 1973.
7. A pawnbroker, unless the pawnbroker operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.
8. A real estate investment trust, as defined in 26 U.S.C. § 856.
9. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plans trustee.
10. An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.
11. A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.
12. Any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.
13. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.
14. A seller of real property who offers credit secured by a mortgage of the property sold.
15. A person who makes a refund anticipation loan, unless the person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.
Sec. 3. NRS 673.276 is hereby amended to read as follows:
673.276 An association may invest in:
κ2013 Statutes of Nevada, Page 1250 (CHAPTER 276, SB 507)κ
1. Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
2. Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
3. Stock of a Federal Home Loan Bank of which the association is eligible to be a member.
4. Any obligations or consolidated obligations of any Federal Home Loan Bank or Banks.
5. Stock or obligations of the Federal Deposit Insurance Corporation.
6. Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
7. Demand, time or savings deposits with any bank, credit union or trust company whose deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
8. Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the associations purposes or powers.
9. Savings accounts of any insured association licensed by the State and of any federal savings and loan association, if the accounts of the savings and loan association are insured by the Federal Deposit Insurance Corporation.
10. Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
11. [Capital stock and other securities of:
(a) A state development corporation organized under the provisions of chapter 670 of NRS.
(b) A corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the association is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200.
12.] Any other investment at the discretion of the associations directors if, after the investment is made, the associations accounts remain insurable by the Federal Deposit Insurance Corporation.
Sec. 4. NRS 675.035 is hereby amended to read as follows:
675.035 The provisions of this chapter apply to any person who:
1. Makes installment loans that are not subject to regulation pursuant to chapter 604A of NRS;
2. Is an affiliate, subsidiary or holding company of a bank, national banking association, savings bank, trust company, savings and loan association, credit union, [development corporation,] mortgage broker, mortgage banker, thrift company or insurance company; and
3. Seeks to evade its application by any device, subterfuge or pretense, including, without limitation:
(a) Calling a loan by any other name;
(b) Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or
(c) Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 675.040, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a material economic interest in the revenues generated by the loan.
κ2013 Statutes of Nevada, Page 1251 (CHAPTER 276, SB 507)κ
including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a material economic interest in the revenues generated by the loan.
Sec. 5. NRS 675.040 is hereby amended to read as follows:
675.040 This chapter does not apply to:
1. Except as otherwise provided in NRS 675.035, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, [development corporations,] mortgage brokers, mortgage bankers, thrift companies, pawnbrokers or insurance companies.
2. A real estate investment trust, as defined in 26 U.S.C. § 856.
3. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plans trustee.
4. An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.
5. A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.
6. Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.
7. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.
8. A seller of real property who offers credit secured by a mortgage of the property sold.
9. A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.
10. A person licensed to do business pursuant to chapter 604A of NRS with regard to those services regulated pursuant to chapter 604A of NRS.
Sec. 6. NRS 678.760 is hereby amended to read as follows:
678.760 Money not used in loans to members may be invested in:
1. Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in these instruments;
2. Obligations of this state or any political subdivision thereof, including, without limitation, a city, county or school district;
3. Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or savings and loan association;
4. Loans to or shares or deposits of other credit unions as permitted by the bylaws;
5. Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;
κ2013 Statutes of Nevada, Page 1252 (CHAPTER 276, SB 507)κ
organizations of credit unions, and the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;
6. Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;
7. [Capital stock and other securities of a corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the credit union is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200;
8.] Stocks and bonds of United States corporations to a maximum of 5 percent of unallocated reserves, except that such an investment must be limited to stocks or bonds yielding income which are approved by the Commissioner;
[9.] 8. Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment must be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union; and
[10.] 9. Negotiable obligations of federal or state banks.
Sec. 7. NRS 682A.080 is hereby amended to read as follows:
682A.080 1. An insurer may invest any of its funds in obligations other than those eligible for investment under NRS 682A.230, relating to real property mortgages, if they are issued, assumed or guaranteed by any solvent institution and are qualified under any of the following:
(a) Obligations which are secured by adequate collateral security and bear fixed interest if, during each of any 3, including the last 2, of the 5 fiscal years next preceding the date of acquisition by the insurer, the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges, as defined in NRS 682A.090, have been not less than 1 1/2 times the total of its fixed charges for that year. In determining the adequacy of collateral security, not more than one-third of the total value of the required collateral may consist of stock other than stock meeting the requirements of NRS 682A.100, relating to preferred or guaranteed stock.
(b) Fixed interest-bearing obligations, other than those described in paragraph (a), if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of 5 fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than 1 1/2 times its average annual fixed charges applicable to that period and if, during the last year of that period, the net earnings have been not less than 1 1/2 times its fixed charges for that year.
(c) Adjustment, income or other contingent interest obligations if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of 5 fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than 1 1/2 times the sum of its average annual fixed charges and its average annual maximum contingent interest applicable to such period and if, during each of the last 2 years of that period, the net earnings have not been less than 1 1/2 times the sum of its fixed charges and maximum contingent interest for such year.
[(d) Capital stock and other securities of:
(1) A state development corporation organized under the provisions of chapter 670 of NRS.
κ2013 Statutes of Nevada, Page 1253 (CHAPTER 276, SB 507)κ
(2) A corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the insurer is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200.]
2. No insurer may invest in any such bonds or evidences of indebtedness in excess of 10 percent of any issue of such bonds or evidences of indebtedness or, subject to subsection 1 of NRS 682A.050, relating to diversification, more than an amount equal to 10 percent of the insurers admitted assets in any issue.
Sec. 8. NRS 662.099, 670.010, 670.020, 670.030, 670.040, 670.050, 670.067, 670.070, 670.075, 670.080, 670.085, 670.090, 670.100, 670.110, 670.115, 670.120, 670.130, 670.155, 670.180, 670.200, 670.220, 670.230, 670.240, 670.250, 670.260, 670.270, 670.280, 670.290, 670.300, 670.310, 670.320, 670.330, 670A.010, 670A.020, 670A.030, 670A.040, 670A.050, 670A.060, 670A.070, 670A.080, 670A.090, 670A.100, 670A.110, 670A.120, 670A.130, 670A.140, 670A.150, 670A.160, 670A.170, 670A.180, 670A.190, 670A.200, 670A.210, 670A.220, 670A.230, 670A.240, 670A.250, 670A.260, 670A.270, 670A.280, 670A.290, 670A.300, 670A.310 and 670A.320 are hereby repealed.
Sec. 9. This act becomes effective upon passage and approval.
________
Senate Bill No. 509Committee on Finance
CHAPTER 277
[Approved: May 29, 2013]
AN ACT relating to taxation; revising the provisions governing the tax on the rental of transient lodging within the City of Sparks to pay for certain tourism-related projects and capital improvements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes a tax at the rate of 2.5 percent of the gross receipts from the rental of transient lodging in the City of Sparks. (Section 6.6 of chapter 432, Statutes of Nevada 1999, as added by chapter 189, Statutes of Nevada 2003, at page 962) Section 1 of this bill revises provisions concerning the expiration date of that tax. Section 2 of this bill authorizes and ratifies the collection of the tax pursuant to the provisions as amended by 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. Section 6.6 of chapter 432, Statutes of Nevada 1999, as added by chapter 189, Statutes of Nevada 2003, at page 962, is hereby amended to read as follows:
Sec. 6.6. 1. A tax at the rate of 2 1/2 percent of the gross receipts from the rental of transient lodging is hereby imposed in the City of Sparks.
κ2013 Statutes of Nevada, Page 1254 (CHAPTER 277, SB 509)κ
2. The tax imposed pursuant to this section must:
(a) Be in addition to all other taxes imposed on the revenue from the rental of transient lodging in the City of Sparks and Washoe County;
(b) Be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 244.3352, subject to the limitations set forth in NRS 244.3356, except that the proceeds of the tax may be used to defray the costs of enforcing any applicable tax liens incurred by the Reno/Sparks Convention and Visitors Authority; and
(c) Be paid to the Reno/Sparks Convention and Visitors Authority, which shall distribute the proceeds from the tax to the City Council of the City of Sparks.
3. All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the City Council of the City of Sparks and the Sparks Tourism Facility and Revitalization Steering Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.
4. [The tax imposed pursuant to this section expires by limitation on the date on which the principal of, and the interest on, any general or special obligations described in paragraph (e) of subsection 1 of section 6.7 of this act are fully paid. The proceeds from the tax must not be committed for expenditure after that date. The City Council of the City of Sparks shall, at least 30 days before such obligations are fully paid, adopt an ordinance that sets forth the date on which such obligations will be fully paid. Upon the adoption of such an ordinance, the Reno/Sparks Convention and Visitors Authority shall give written notice of the date on which the tax will expire to each person providing transient lodging who is liable for the payment of the tax.
5.] As used in this section, gross receipts from the rental of transient lodging does not include the tax imposed or collected from paying guests pursuant to this section.
Sec. 2. The collection of the tax imposed in the City of Sparks on the gross receipts from the rental of transient lodging by section 6.6 of chapter 432, Statutes of Nevada 1999, as added by chapter 189, Statutes of Nevada 2003, at page 962, after the date specified in subsection 4 of that section, as added by chapter 189, Statutes of Nevada 2003, is hereby authorized, ratified, approved and confirmed in all respects.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1255κ
Assembly Bill No. 182Assemblyman Carrillo
CHAPTER 278
[Approved: May 30, 2013]
AN ACT relating to liens; authorizing owners of storage facilities to impose a reasonable late fee if rent for a storage space is not paid when due; authorizing the owner of a storage facility to deny an occupant access to his or her storage space if rent owed by the occupant remains unpaid for 10 days or more; revising various provisions governing liens of owners of storage facilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if rent for a storage space at a storage facility is due and unpaid, the owner of the storage facility has a lien on all personal property located in the storage space for the rent, labor or other charges incurred by the owner pursuant to a rental agreement and for those expenses reasonably incurred by the owner to preserve, sell or otherwise dispose of the personal property. (NRS 108.4753) Under existing law, the owner of the storage facility may sell this personal property to satisfy the lien. (NRS 108.4763, 108.477) Section 3 of this bill authorizes the owner of a storage facility to impose a reasonable late fee for rent which is not paid when due if the rental agreement sets forth the amount of the late fee. Under section 3, a late fee is deemed to be reasonable if it is $20 or 20 percent of the monthly rental amount, for each month of a late rental payment, whichever is greater. Section 6 of this bill provides that if a late fee is imposed on an occupant of a storage space, the late fee is included in the owners lien.
Existing law prohibits a person from using a storage space at a storage facility as a residence and requires the owner of a storage facility to evict a person who is residing in a storage space. (NRS 108.475) Under existing law, a sheriff or constable of the county must remove the person from the storage space within 24 hours after receipt of an eviction order issued by a justice of the peace. (NRS 40.670) Sections 5 and 9 of this bill repeal the requirement that the owner evict a person who is residing in a storage space at a storage facility.
Existing law provides that if any charges for rent or other items owed by the occupant of a storage space at a storage facility remain unpaid for 14 days or more, the owner of the storage facility may terminate the occupants right to use the storage space for which charges are owed after providing certain notice to the occupant. (NRS 108.476) Existing law further provides that if the occupant fails to pay the total amount due by the date specified in a notice of lien from the owner of a storage facility, the owner may deny the occupant access to the storage space. (NRS 108.4763) Sections 7 and 8 of this bill remove the provisions of existing law authorizing the owner of a storage facility to deny access to a storage space and, instead, authorize the owner to deny access to a storage space for which an occupant owes any charge for rent or other items if the charge remains unpaid for 10 days or more.
κ2013 Statutes of Nevada, Page 1256 (CHAPTER 278, AB 182)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 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Last known address means the postal and electronic mail address, if any, provided by an occupant in the most recent rental agreement between the owner and the occupant, or the postal and electronic mail address, if any, provided by the occupant in a written notice sent to the owner with a change of the occupants address after the execution of the rental agreement.
Sec. 3. 1. An owner may impose a reasonable late fee for each month that an occupant does not pay rent for a storage space when due if the amount of late fee is stated in the rental agreement or an addendum to such an agreement.
2. A late fee of $20 or 20 percent of the monthly rental amount, whichever is greater, for each month of a late rental payment shall be deemed to be a reasonable late fee and shall not constitute a penalty.
3. A late fee imposed pursuant to this section is not interest on a debt or a cost incurred by an owner in enforcing the owners lien pursuant to NRS 108.4763 or enforcing any other remedy provided by any statute or contract.
4. As used in this section, late fee means a fee or charge assessed by an owner for an occupants failure to pay rent for a storage space when due.
Sec. 4. NRS 108.473 is hereby amended to read as follows:
108.473 As used in NRS 108.473 to 108.4783, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 108.4731 to 108.4748, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 108.475 is hereby amended to read as follows:
108.475 1. [A person shall not] It is unlawful to use a storage space at a facility for a residence. [The owner of such a facility shall evict any person who uses a storage space at the facility as a residence in the manner provided for in NRS 40.760.]
2. A facility shall not be deemed to be a warehouse or a public utility.
3. If an owner of a facility issues a warehouse receipt, bill of lading or other document of title for the personal property stored in a storage space at the facility, the owner and the occupant are subject to the provisions of NRS 104.7101 to 104.7603, inclusive, and the provisions of NRS 108.473 to 108.4783, inclusive, and sections 2 and 3 of this act do not apply.
Sec. 6. NRS 108.4753 is hereby amended to read as follows:
108.4753 1. The owner of a facility and the owners heirs, assignees or successors have a possessory lien, from the date the rent for a storage space at the facility is due and unpaid, on all personal property, including protected property, located in the storage space for the rent, late fees imposed pursuant to section 3 of this act, labor or other charges incurred by the owner pursuant to a rental agreement and for those expenses reasonably incurred by the owner to preserve, sell or otherwise dispose of the personal property.
κ2013 Statutes of Nevada, Page 1257 (CHAPTER 278, AB 182)κ
2. Any lien created by a document of title for a motor vehicle or boat has priority over a lien attaching to that motor vehicle or boat pursuant to NRS 108.473 to 108.4783, inclusive.
Sec. 7. NRS 108.476 is hereby amended to read as follows:
108.476 1. If any charges for rent or other items owed by the occupant remain unpaid for 10 days or more, the owner may deny the occupant access to the storage space at the facility for which charges are owed.
2. If any charges for rent or other items owed by the occupant remain unpaid for 14 days or more, the owner may terminate the occupants right to use the storage space at the facility, for which charges are owed, not less than 14 days after sending a notice by verified mail [and] or, if available, by electronic mail to the occupant at his or her last known address and to the alternative address provided by the occupant in the rental agreement. The notice must contain:
(a) An itemized statement of the amount owed by the occupant at the time of the notice and the date when the amount became due;
(b) The name, address and telephone number of the owner or the owners agent;
(c) A statement that the occupants right to use the storage space will terminate on a specific date unless the occupant pays the amount owed to the owner; and
(d) A statement that upon the termination of the occupants right to occupy the storage space and after the date specified in the notice, an owners lien pursuant to NRS 108.4753, will be imposed.
[2. For the purposes of this section, last known address means the postal and electronic mail address, if any, provided by the occupant in the most recent rental agreement between the owner and occupant, or the postal and electronic mail address, if any, provided by the occupant in a written notice sent to the owner with a change of the occupants address after the execution of the rental agreement.]
Sec. 8. NRS 108.4763 is hereby amended to read as follows:
108.4763 1. After the notice of the lien is mailed by the owner, if the occupant fails to pay the total amount due by the date specified in the notice, the owner may:
(a) [Deny the occupant access to the storage space.
(b)] Enter the storage space and remove the personal property within it to a safe place.
[(c)] (b) Dispose of, but may not sell, any protected property contained in the storage space in accordance with the provisions of subsection 5 if the owner has actual knowledge of such protected property. If the owner disposes of the protected property in accordance with the provisions of subsection 5, the owner is not liable to the occupant or any other person who claims an interest in the protected property.
[(d)] (c) If the personal property upon which the lien is claimed is a motor vehicle, boat or personal watercraft, and rent and other charges related to such property remain unpaid or unsatisfied for 60 days, have the property towed by any tow car operator subject to the jurisdiction of the Nevada Transportation Authority. If a motor vehicle, boat or personal watercraft is towed pursuant to this paragraph, the owner is not liable for any damages to such property once the tow car operator takes possession of the motor vehicle, boat or personal watercraft.
κ2013 Statutes of Nevada, Page 1258 (CHAPTER 278, AB 182)κ
2. The owner shall send to the occupant a notice of a sale to satisfy the lien by verified mail or, if available, by electronic mail at the last known address of the occupant and at the alternative address provided by the occupant in the rental agreement at least 14 days before the sale. [The] If the notice is sent by electronic mail and no confirmation of receipt is received, the owner shall also send such notice to the occupant by [electronic] verified mail at the last known [electronic mail] address of the occupant . [, if any.] The notice must contain:
(a) A statement that the occupant may no longer use the storage space and no longer has access to the occupants personal property stored therein;
(b) A statement that the personal property of the occupant is subject to a lien and the amount of the lien;
(c) A statement that the personal property will be sold or disposed of to satisfy the lien on a date specified in the notice, unless the total amount of the lien is paid or the occupant executes and returns by verified mail, the declaration in opposition to the sale; and
(d) A statement of the provisions of subsection 3.
3. Proceeds of the sale over the amount of the lien and the costs of the sale must be retained by the owner and may be reclaimed by the occupant or the occupants authorized representative at any time up to 1 year from the date of the sale.
4. The notice of the sale must also contain a blank copy of a declaration in opposition to the sale to be executed by the occupant if the occupant wishes to do so.
5. The owner may dispose of protected property contained in the storage space by taking the following actions, in the following order of priority, until the protected property is disposed of:
(a) Contacting the occupant and returning the protected property to the occupant.
(b) Contacting the secondary contact listed by the occupant in the rental agreement and returning the protected property to the secondary contact.
(c) Contacting any appropriate state or federal authorities, including, without limitation, any appropriate governmental agency, board or commission listed by the occupant in the rental agreement pursuant to NRS 108.4755, ascertaining whether such authorities will accept the protected property and, if such authorities will accept the protected property, ensuring that the protected property is delivered to such authorities.
(d) Destroying the protected property in an appropriate manner which is authorized by law and which ensures that any confidential information contained in the protected property is completely obliterated and may not be examined or accessed by the public.
Sec. 9. NRS 40.760 is hereby repealed.
________
κ2013 Statutes of Nevada, Page 1259κ
Senate Bill No. 423Committee on Judiciary
CHAPTER 279
[Approved: May 30, 2013]
AN ACT relating to offenders; requiring the Director of the Department of Corrections to provide certain information upon the release of an offender; 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 a photo identification card, including the name, date of birth and a color photograph of the offender, to an offender upon his or her release if the offender requests such identification and is eligible to acquire a drivers license or identification card.
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 a photo identification card issued by the Department and 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 a photo identification card; or
(2) Requests such information and assistance [;] and
[(2) Is] 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;
(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;
κ2013 Statutes of Nevada, Page 1260 (CHAPTER 279, SB 423)κ
(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
(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), (f), (g), (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] :
(a) Facility for transitional living for released offenders has the meaning ascribed to it in NRS 449.0055.
(b) Photo identification card means a document which includes the name, date of birth and a color picture of the offender.
Sec. 2. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her full legal name and age by displaying [an] :
(a) An original or certified copy of the required documents as prescribed by regulation [.] ; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511.
3. The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department [.] pursuant to paragraph (a) of subsection 2.
4. At the time of applying for a drivers license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
5. Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.
6. The Department may refuse to accept a drivers license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
κ2013 Statutes of Nevada, Page 1261 (CHAPTER 279, SB 423)κ
the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
7. With respect to any document presented by a person who was born outside of the United States to prove his or her full legal name and age, the Department:
(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) Shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.
8. The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
9. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 3. NRS 483.860 is hereby amended to read as follows:
483.860 1. Every applicant for an identification card must furnish proof of his or her full legal name and age by presenting [an] :
(a) An original or certified copy of the required documents as prescribed by regulation [.] ; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511.
2. The Director shall adopt regulations:
(a) Prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department [;] pursuant to paragraph (a) of subsection 1; and
(b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
3. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
κ2013 Statutes of Nevada, Page 1262 (CHAPTER 279, SB 423)κ
Sec. 4. This act becomes effective:
1. Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2014, for all other purposes.
________
Senate Bill No. 496Committee on Commerce, Labor and Energy
CHAPTER 280
[Approved: May 30, 2013]
AN ACT relating to insurance; providing that a vendor of portable electronics is not required to have certain written materials concerning portable electronics insurance filed with or approved by the Commissioner of Insurance; allowing an insurer who issues a policy of portable electronics insurance to change a term or condition of the policy more than once in a 6-month period; allowing an insurer who issues a policy of portable electronics insurance to terminate the policy for nonpayment without first providing notice to the customer of the customers failure to pay a premium for the policy; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, portable electronics are portable electronic devices and their accessories, and portable electronics insurance is insurance to cover the cost of the repair or replacement of those devices and accessories. (NRS 691D.060, 691D.070)
Existing law requires a vendor of portable electronics to make available to prospective customers certain printed brochures or other written material concerning the coverage available under policies of portable electronics insurance. If a customer elects to enroll in coverage under a policy of portable electronics insurance, the printed brochures or other written material may serve as a certificate of coverage if the material satisfies certain requirements. (NRS 691D.310) Section 1 of this bill states that the printed brochures or other written material need not be filed with or approved by the Commissioner of Insurance. However, section 1 requires that an insurer file a portable electronics insurance policy form with the Commissioner before the insurer uses the form.
Existing law sets forth provisions for billing, collection of charges and accounting of money received by a vendor for policies of portable electronics insurance. (NRS 691D.320) Section 2 of this bill deems an insurer who provides portable electronics insurance to have received the payment of a premium when an enrolled customer makes a payment to the vendor.
Under existing law, an insurer who issues a policy of portable electronics insurance is restricted as to the manner in which the insurer may terminate the policy or change the terms of the policy. (NRS 691D.330) Section 3 of this bill: (1) eliminates a provision which prohibits an insurer from changing a term or condition of a policy of portable electronics insurance more than once in any 6-month period; (2) reduces from 15 days to 10 days the period within which an insurer must notify a vendor and an enrolled customer of the insurers intent to terminate an enrolled customers coverage under a vendors policy of portable electronics insurance after the discovery of fraud or material misrepresentation by the enrolled customer; and (3) allows an insurer to terminate an enrolled customers coverage under a vendors policy of portable electronics insurance for failure on the part of the customer to pay a premium, even if the insurer does not first notify the customer of the customers failure to pay.
κ2013 Statutes of Nevada, Page 1263 (CHAPTER 280, SB 496)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 691D.310 is hereby amended to read as follows:
691D.310 1. A vendor shall make available to a prospective customer, at each location where the vendor sells or offers coverage under a policy of portable electronics insurance, a printed brochure or other written material concerning the coverage available under the policy of portable electronics insurance. The written material must:
(a) Disclose that coverage under a policy of portable electronics insurance may duplicate coverage already provided to the customer by a policy of property insurance or other source of coverage;
(b) State that the customer is not required to enroll for coverage under the vendors policy of portable electronics insurance as a condition of the purchase or lease of any portable electronics or related services;
(c) Summarize the material terms of the coverage provided under the policy of portable electronics insurance, including:
(1) The identity of the insurer;
(2) The identity of the supervising entity;
(3) The amount of any applicable deductible and how it is to be paid;
(4) Benefits of the coverage; and
(5) Key terms and conditions of the coverage, including, without limitation, whether portable electronics may be repaired or replaced with a similar make and model that has been reconditioned or with nonoriginal manufacturer parts or equipment;
(d) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable if the enrolled customer fails to comply with any equipment return requirements; and
(e) State that the enrolled customer may cancel his or her enrollment for coverage under the policy of portable electronics insurance at any time and, in the event of such cancellation, the person paying the premium for the coverage will receive a refund of any applicable unearned premium.
2. [If a customer elects to enroll in coverage under a policy of portable electronics insurance, the] The printed brochure or other written material [may serve as a certificate of coverage if the material satisfies the requirements of subsection 1. A policy of] that a vendor is required to make available to a prospective customer in accordance with subsection 1 need not be:
(a) Filed with the Commissioner; or
(b) Approved by the Commissioner.
3. An insurer must file a portable electronics insurance [,] policy form, including [the] any certificate of coverage , [of the policy, must be filed] with the Commissioner not later than 15 days before the [effective date of the policy.] use of the form by the insurer.
Sec. 2. NRS 691D.320 is hereby amended to read as follows:
691D.320 1. If a customer purchases a policy of portable electronics insurance from a vendor or elects to enroll in coverage under the vendors policy of portable electronics insurance, the vendor may bill and collect the charges for the portable electronics insurance coverage.
κ2013 Statutes of Nevada, Page 1264 (CHAPTER 280, SB 496)κ
2. Any charge to the customer for portable electronics insurance coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services must be separately itemized on the customers bill.
3. If portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor must clearly and conspicuously disclose to the customer that the portable electronics insurance coverage is included with the purchase of the portable electronics or related services.
4. A vendor which bills and collects charges for portable electronics insurance coverage on behalf of an insurer is not required to maintain such money in a segregated account if the vendor:
(a) Is authorized by the insurer to hold such money in an alternative manner; and
(b) Remits such amounts to the supervising entity within 60 days after receipt.
Κ All money collected by a vendor from an enrolled customer for the sale of portable electronics insurance shall be deemed to be held in trust by the vendor in a fiduciary capacity for the benefit of the insurer [.] , and the insurer shall be deemed to have received the premium from the enrolled customer upon payment of the premium by the enrolled customer to the vendor. A vendor is entitled to receive compensation for billing and collection services.
Sec. 3. NRS 691D.330 is hereby amended to read as follows:
691D.330 Notwithstanding any other provision of law:
1. Except as otherwise provided in this section, an insurer that issues a policy of portable electronics insurance may not terminate the policy before the expiration of the agreed term of the policy unless, not less than 30 days before the effective date of the termination, the insurer provides notice to:
(a) The holder of the policy of portable electronics insurance; and
(b) If the policy is a group policy issued to a vendor under which individual customers may elect to enroll for coverage, each enrolled customer.
2. [An insurer shall not change any term or condition of a policy of portable electronics insurance more than once in any 6-month period.] If the insurer changes a term or condition of a policy of portable electronics insurance, the insurer shall, not less than 30 days before the effective date of the change, provide:
(a) The policyholder with a revised policy or endorsement; and
(b) Each enrolled customer with a revised certificate of coverage, endorsement, brochure or other evidence of coverage which:
(1) Declares that the insurer has changed a term or condition of the policy which may affect the enrolled customers coverage; and
(2) Provides a summary of the material changes.
κ2013 Statutes of Nevada, Page 1265 (CHAPTER 280, SB 496)κ
3. An insurer may terminate an enrolled customers coverage under a vendors policy of portable electronics insurance upon the discovery of fraud or material misrepresentation by the enrolled customer in obtaining the coverage or in presenting a claim thereunder if the insurer provides notice of the termination to the vendor and the enrolled customer within [15] 10 days after discovery of the fraud or material misrepresentation.
4. [An insurer may terminate an enrolled customers coverage under a vendors policy of portable electronics insurance if the enrolled customer fails to pay a premium and the insurer gives the enrolled customer not less than 10 days notice of his or her failure to pay the premium.
5.] An insurer may immediately terminate an enrolled customers coverage under a vendors policy of portable electronics insurance [:] if the enrolled customer:
(a) [If the enrolled customer ceases] Fails to pay a premium;
(b) Ceases to have an active service with the vendor; or
[(b) If the enrolled customer exhausts]
(c) Exhausts the aggregate limit of liability, if any, under the terms of the policy of portable electronics insurance and the insurer provides notice of termination to the customer within 30 calendar days after exhaustion of the limit. If the insurer fails to provide timely notice as required by this paragraph, the enrolled customers coverage under the policy continues until the insurer provides notice of termination to the enrolled customer notwithstanding the exhaustion of the aggregate limit of liability.
[6.] 5. A vendor or other holder of a group policy of portable electronics insurance shall not terminate the policy unless, not less than 30 days before the effective date of the termination, the insurer provides notice to each enrolled customer of the termination of the policy and the effective date of termination. An insurer may authorize a vendor to provide notice to an enrolled customer on behalf of the insurer pursuant to this subsection.
[7.] 6. Any notice that is required pursuant to this section must be in writing and be:
(a) Mailed or delivered to the enrolled customer, vendor or other policyholder at his or her last known address; or
(b) Sent by electronic mail or other electronic means in accordance with regulations adopted by the Commissioner to the enrolled customer, vendor or other policyholder at the electronic mail address of the enrolled customer, vendor or other policyholder last known by the insurer.
Κ An insurer or vendor who provides notice pursuant to this subsection must maintain proof of mailing or delivery in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service or an electronic record or other proof that the notice was sent.
________
κ2013 Statutes of Nevada, Page 1266κ
Senate Bill No. 441Committee on Judiciary
CHAPTER 281
[Approved: May 30, 2013]
AN ACT relating to business associations; providing for personal jurisdiction for certain nonresident persons associated with business entities; revising provisions governing attendance at certain meetings of corporations and limited-liability corporations; revising provisions governing the statute of limitations for certain actions relating to the dissolution of corporations and limited-liability corporations; authorizing insurance companies to organize as nonprofit companies; revising provisions governing the dissolution and winding up of affairs of limited-liability companies; revising provisions governing domestication of undomesticated organizations; revising provisions relating to the right of dissent to certain corporate actions; clarifying certain provisions relating to the demand for payment by a dissenter; providing for a change of venue for certain actions in business court; revising various provisions governing certain business entities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law allows certain legal proceedings to be brought against directors and officers of corporations who violate their authority as directors and officers. (NRS 78.135) The Nevada Supreme Court recently addressed the issue of whether Nevada courts can properly exercise personal jurisdiction over nonresident officers and directors who directly harm a Nevada corporation. (Consipio Holding v. Carlberg, 128 Nev. Adv. Op. 43, 282 P.3d 751 (2012)) Section 1 of this bill: (1) provides that a director, officer, manager, managing member, general partner or trustee of certain business entities consents to personal jurisdiction; and (2) provides for the service of legal process on such persons.
Existing law provides that, unless otherwise restricted by the articles of incorporation or bylaws, certain persons may participate in board or stockholder meetings through electronic communications, videoconferencing, teleconferencing or other available technology. (NRS 78.315, 78.320) Sections 3 and 4 of this bill authorize certain persons to participate in such meetings if the corporation has implemented reasonable measures to verify the identity of the person and to provide an opportunity to participate in a substantially concurrent manner with such proceedings.
Existing law provides for a 2-year statute of limitations after the dissolution of a corporation or a limited-liability company for purposes of any remedy or cause of action. (NRS 78.585, 86.505) Sections 6 and 20 of this bill clarify that the 2-year statute of limitations applies to any remedy or cause of action in which the plaintiff learns or should have learned of the underlying facts before the date of dissolution, or within 3 years after the date of dissolution with respect to any other remedy or cause of action.
Existing law prohibits an insurance company and certain related entities from organizing as a nonprofit corporation. (NRS 82.071) Sections 8 and 33 of this bill authorize an insurance company to organize as a nonprofit corporation provided that such a business complies with all laws before operating and does not infringe on the laws of any other state or country.
κ2013 Statutes of Nevada, Page 1267 (CHAPTER 281, SB 441)κ
Existing law provides for the dissolution and winding up of affairs of limited-liability companies under certain circumstances. (NRS 86.490-86.541) Section 18 of this bill provides exceptions to the general rule for dissolution if: (1) the personal representative of the last remaining member agrees in writing to continue the company; or (2) a person is admitted as a member subsequent to there being no remaining members. Section 19 of this bill authorizes the Secretary of State or any person who is adversely affected by the failure of a limited-liability company to dissolve to petition the court for the dissolution of the company. Section 20 provides that within 2 years after the effective date of the articles of dissolution, certain actions must be commenced if the plaintiff learned or should have learned of the underlying facts before the date of dissolution, and that all other causes of action must be commenced within 3 years after the date of dissolution. Section 21 of this bill provides that except when dissolution occurs before the commencement of business, a limited-liability company must prepare and sign articles of dissolution as soon as practicable after dissolution. Section 22 of this bill provides that the manager or managers in office at the time of dissolution or the members or personal representatives become trustees of a dissolved limited-liability company with the power to wind up and liquidate the companys business and affairs.
Existing law establishes the process by which the place of trial may be changed. (NRS 13.050) Section 32 of this bill authorizes a court to change the place of trial when a defendant in a county without a business court requests a change of venue to a county with a business court.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 75 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every nonresident of this State who, on or after October 1, 2013, accepts election or appointment, including reelection or reappointment, as a management person of an entity, or who, on or after October 1, 2014, serves in such capacity, and every resident of this State who accepts election or appointment or serves in such capacity and thereafter removes residence from this State shall be deemed, by the acceptance or by the service, to have consented to the appointment of the registered agent of the entity as an agent upon whom service of process may be made in all civil actions or proceedings brought in this State by, on behalf of or against the entity in which the management person is a necessary or proper party, or in any action or proceeding against the management person for a violation of a duty in such capacity, whether or not the person continues to serve as the management person at the time the action or proceeding is commenced. The acceptance or the service by the management person shall be deemed to be signification of the consent of the management person that any process so served has the same legal force and validity as if served upon the management person within this State.
2. Service of process must be effected by serving the registered agent with a true copy in the manner provided by law for service of process. In addition, the clerk of the court in which the civil action or proceeding is pending shall, within 7 days after service, send by registered or certified mail, postage prepaid, true and attested copies of the process, together with a statement that service is being made pursuant to this section, addressed to the management person at the address as it appears on the records of the Secretary of State, or if no such address appears, at the address last known to the party desiring to make the service.
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on the records of the Secretary of State, or if no such address appears, at the address last known to the party desiring to make the service.
3. The appointment of the registered agent is irrevocable. If any entity or management person fails to appoint a registered agent, or fails to file a statement of change of registered agent pursuant to NRS 77.340 before the effective date of a vacancy in the agency pursuant to NRS 77.330 or 77.370, on the production of a certificate of the Secretary of State showing either fact, which is conclusive evidence of the fact so certified to be made a part of the return of service, or if the street address of the registered agent of the entity is not staffed as required pursuant to NRS 14.020, which fact is to be made part of the return of service, the management person may be served with any and all legal process, or a demand or notice described in NRS 14.020, by delivering a copy to the Secretary of State or, in the absence of the Secretary of State, to any deputy secretary of state, and such service is valid to all intents and purposes. The copy must:
(a) Include a specific citation to the provisions of this section. The Secretary of State may refuse to accept such service if the proper citation is not included.
(b) Be accompanied by a fee of $10.
Κ The Secretary of State shall keep a copy of the legal process received pursuant to this section in the Office of the Secretary of State for at least 1 year after receipt thereof and shall make those records available for public inspection during normal business hours.
4. In all cases of service pursuant to subsection 3, the defendant has 40 days, exclusive of the day of service, within which to answer or plead. Before such service is authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the management person to be served, and the facts showing that direct or personal service on, or notice to, the management person cannot be made.
5. If it appears from the affidavit that there is a last known address of the management person, the plaintiff shall, in addition to and after such service on the Secretary of State, mail or cause to be mailed to the management person at such address, by registered or certified mail, a copy of the summons and a copy of the complaint, and in all such cases the defendant has 40 days after the date of the mailing within which to appear in the action.
6. Service pursuant to subsection 3 provides an additional manner of serving process, and does not affect the validity of any other valid service.
7. In any action in which any management person has been served with process pursuant to subsection 2, the time in which a defendant is required to appear and file a responsive pleading must be computed from the date of mailing by the clerk of the court. The court may grant an extension of time as may be necessary to afford the management person reasonable opportunity to defend the action.
8. In a charter or other writing, a management person or owner of any entity may consent to be subject to the nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction, or the exclusive jurisdiction of the courts of this State, or the exclusivity of arbitration in a specified jurisdiction or this State, and to be served with process in the manner prescribed in the charter or other writing. Notwithstanding any other provision of this subsection, except by agreeing to arbitrate any arbitrable matter in a specified jurisdiction or in this State, an owner of an entity who is not a management person may not waive its right to maintain a legal action or proceeding in the courts of this State with respect to matters relating to the organization or internal affairs of an entity.
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arbitrable matter in a specified jurisdiction or in this State, an owner of an entity who is not a management person may not waive its right to maintain a legal action or proceeding in the courts of this State with respect to matters relating to the organization or internal affairs of an entity. Without limiting or affecting the enforceability under the laws of this State governing corporations of any consent or agreement by a management person or stockholder of a corporation, this subsection does not apply to an entity which is a corporation.
9. This section does not limit or affect the right to serve process in any other manner now existing or hereafter enacted. This section is an extension of, and not a limitation upon, the right otherwise existing of service of legal process upon nonresidents.
10. As used in this section:
(a) Charter means the articles of organization or an operating agreement of a limited-liability company, the certificate of limited partnership or partnership agreement of a limited partnership or the certificate of trust or governing instrument of a business trust.
(b) Entity means a domestic:
(1) Corporation, whether or not for profit;
(2) Limited-liability company;
(3) Limited partnership; or
(4) Business trust.
(c) Management person means a director, officer, manager, managing member, general partner or trustee of an entity.
(d) Owner means a member of a limited-liability company, limited partner of a limited partnership or beneficial owner of a business trust.
(e) Registered agent has the meaning ascribed to it in NRS 77.230.
Sec. 2. NRS 78.139 is hereby amended to read as follows:
78.139 1. Except as otherwise provided in subsection 2 or the articles of incorporation, directors and officers [confronted] , in connection with a change or potential change in control of the corporation , have:
(a) The duties imposed upon them by subsection 1 of NRS 78.138; [and]
(b) The benefit of the presumptions established by subsection 3 of [that section.] NRS 78.138; and
(c) The prerogative to undertake and act upon consideration pursuant to subsections 2, 4 and 5 of NRS 78.138.
2. If directors [and] or officers take action to resist a change or potential change in control of a corporation , which action impedes the exercise of the right of stockholders to vote for or remove directors:
(a) The directors must have reasonable grounds to believe that a threat to corporate policy and effectiveness exists; and
(b) The action taken which impedes the exercise of the stockholders rights must be reasonable in relation to that threat.
Κ If those facts are found, the directors and officers have the benefit of the presumption established by subsection 3 of NRS 78.138.
3. The provisions of subsection 2 do not apply to:
(a) Actions that only affect the time of the exercise of stockholders voting rights; or
(b) The adoption or signing of plans, arrangements or instruments that deny rights, privileges, power or authority to a holder of a specified number or fraction of shares or fraction of voting power.
κ2013 Statutes of Nevada, Page 1270 (CHAPTER 281, SB 441)κ
4. The provisions of subsections 2 and 3 do not permit directors or officers to abrogate any right conferred by statute or the articles of incorporation.
5. Directors may resist a change or potential change in control of the corporation if the directors by a majority vote of a quorum determine that the change or potential change is opposed to or not in the best interest of the corporation:
(a) Upon consideration of the interests of the corporations stockholders [and] or any of the matters set forth in subsection 4 of NRS 78.138; or
(b) Because the amount or nature of the indebtedness and other obligations to which the corporation or any successor to the property of either may become subject, in connection with the change or potential change , [in control,] provides reasonable grounds to believe that, within a reasonable time:
(1) The assets of the corporation or any successor would be or become less than its liabilities;
(2) The corporation or any successor would be or become insolvent; or
(3) Any voluntary or involuntary proceeding [pursuant to the federal bankruptcy laws] concerning the corporation or any successor would be commenced by any person [.] pursuant to the federal bankruptcy laws.
Sec. 3. NRS 78.315 is hereby amended to read as follows:
78.315 1. Unless the articles of incorporation or the bylaws provide for a greater or lesser proportion, a majority of the board of directors of the corporation then in office, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the voting power of the directors, present at a meeting at which a quorum is present, is the act of the board of directors.
2. Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee, except that such written consent is not required to be signed by:
(a) A common or interested director who abstains in writing from providing consent to the action. If a common or interested director abstains in writing from providing consent:
(1) The fact of the common directorship, office or financial interest must be known to the board of directors or committee before a written consent is signed by all the members of the board of the committee.
(2) Such fact must be described in the written consent.
(3) The board of directors or committee must approve, authorize or ratify the action in good faith by unanimous consent without counting the abstention of the common or interested director.
(b) A director who is a party to an action, suit or proceeding who abstains in writing from providing consent to the action of the board of directors or committee. If a director who is a party to an action, suit or proceeding abstains in writing from providing consent on the basis that he or she is a party to an action, suit or proceeding, the board of directors or committee must:
(1) Make a determination pursuant to NRS 78.751 that indemnification of the director is proper under the circumstances.
κ2013 Statutes of Nevada, Page 1271 (CHAPTER 281, SB 441)κ
(2) Approve, authorize or ratify the action of the board of directors or committee in good faith by unanimous consent without counting the abstention of the director who is a party to an action, suit or proceeding.
3. Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee through electronic communications, videoconferencing, teleconferencing or other available technology [which allows the members to communicate simultaneously or sequentially.] if the corporation has implemented reasonable measures to:
(a) Verify the identity of each person participating through such means as a director or member of the governing body or committee, as the case may be; and
(b) Provide the directors or members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the directors or members, as the case may be, including an opportunity to communicate and to read or hear the proceedings of the meeting in a substantially concurrent manner with such proceedings.
4. Participation in a meeting pursuant to [this] subsection 3 constitutes presence in person at the meeting.
Sec. 4. NRS 78.320 is hereby amended to read as follows:
78.320 1. Unless this chapter, the articles of incorporation or the bylaws provide for different proportions:
(a) A majority of the voting power, which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and
(b) Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.
2. Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if, before or after the action, a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.
3. In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given.
4. Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders through electronic communications, videoconferencing, teleconferencing or other available technology [which allows the stockholders to communicate simultaneously or sequentially.] if the corporation has implemented reasonable measures to:
(a) Verify the identity of each person participating through such means as a stockholder; and
(b) Provide the stockholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the stockholders, including an opportunity to communicate, and to read or hear the proceedings of the meetings in a substantially concurrent manner with such proceedings.
κ2013 Statutes of Nevada, Page 1272 (CHAPTER 281, SB 441)κ
5. Participation in a meeting pursuant to [this] subsection 4 constitutes presence in person at the meeting.
[5.] 6. Unless this chapter, the articles of incorporation or the bylaws provide for different proportions, if voting by a class or series of stockholders is permitted or required:
(a) A majority of the voting power of the class or series that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and
(b) An act by the stockholders of each class or series is approved if a majority of the voting power of a quorum of the class or series votes for the action.
Sec. 5. NRS 78.350 is hereby amended to read as follows:
78.350 1. Unless otherwise provided in the articles of incorporation, or in the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the articles of incorporation, every stockholder of record of a corporation is entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his or her name on the records of the corporation. If the articles of incorporation, or the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the articles of incorporation, provides for more or less than one vote per share for any class or series of shares on any matter, every reference in this chapter to a majority or other proportion of stock shall be deemed to refer to a majority or other proportion of the voting power of all of the shares or those classes or series of shares, as may be required by the articles of incorporation, or in the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the articles of incorporation, or the provisions of this chapter.
2. Unless a period of more than 60 days or a period of less than 10 days is prescribed or fixed in the articles of incorporation, the directors may prescribe a period not exceeding 60 days before any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix, in advance, a record date not more than 60 or less than 10 days before the date of any such meeting as the date as of which stockholders entitled to notice of and to vote at such meetings must be determined. Only stockholders of record on that date are entitled to notice or to vote at such a meeting. If a record date is not fixed, the record date is at the close of business on the day before the day on which the first notice is given or, if notice is waived, at the close of business on the day before the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders applies to an adjournment of the meeting unless the board of directors fixes a new record date for the adjourned meeting. The board of directors must fix a new record date if the meeting is adjourned to a date more than 60 days later than the date set for the original meeting.
3. The board of directors may adopt a resolution prescribing a date upon which the stockholders of record entitled to give written consent pursuant to NRS 78.320 must be determined. The date prescribed by the board of directors may not precede or be more than 10 days after the date the resolution is adopted by the board of directors. If the board of directors does not adopt a resolution prescribing a date upon which the stockholders of record entitled to give written consent pursuant to NRS 78.320 must be determined and:
κ2013 Statutes of Nevada, Page 1273 (CHAPTER 281, SB 441)κ
not adopt a resolution prescribing a date upon which the stockholders of record entitled to give written consent pursuant to NRS 78.320 must be determined and:
(a) No prior action by the board of directors is required by this chapter or chapter 92A of NRS before the matter is submitted for consideration by the stockholders, the date is the first date on which [a valid, written consent is delivered in accordance with the provisions of NRS 78.320.] any stockholder delivers to the corporation such consent signed by the stockholder.
(b) Prior action by the board of directors is required by this chapter or chapter 92A of NRS before the matter is submitted for consideration by the stockholders, the date is at the close of business on the day the board of directors adopts the resolution.
4. The provisions of this section do not restrict the directors from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or signing plans, arrangements or instruments that grant or deny rights, privileges, power or authority to a holder or holders of a specified number of shares or percentage of share ownership or voting power.
Sec. 6. NRS 78.585 is hereby amended to read as follows:
78.585 1. The dissolution of a corporation does not impair any remedy or cause of action available to or against it or its directors, officers or [shareholders arising before its dissolution and] stockholders commenced within 2 years after the date of the dissolution [.] with respect to any remedy or cause of action in which the plaintiff learns, or in the exercise of reasonable diligence should have learned of, the underlying facts on or before the date of dissolution, or within 3 years after the date of dissolution with respect to any other remedy or cause of action. Any such remedy or cause of action not commenced within the applicable period is barred. The corporation continues as a body corporate for the purpose of prosecuting and defending suits, actions, proceedings and claims of any kind or character by or against it and of enabling it gradually to settle and close its business, to collect its assets, to collect and discharge its obligations, to dispose of and convey its property, to distribute its money and other property among the stockholders, after paying or adequately providing for the payment of its liabilities and obligations, and to do every other act to wind up and liquidate its business and affairs, but not for the purpose of continuing the business for which it was established.
2. Nothing in this section shall be so construed as to lengthen any shorter statute of limitations otherwise applicable provided that no provision of this chapter or other specific statute has the effect of applying any statute of limitations that is longer than provided for in this section with respect to any such remedy or cause of action. Nothing in this section shall be construed to create any remedy or cause of action available to or against the corporation or its directors, officers or stockholders.
Sec. 7. NRS 80.050 is hereby amended to read as follows:
80.050 1. Except as otherwise provided in subsection 3, foreign corporations shall pay the same fees to the Secretary of State as are required to be paid by corporations organized pursuant to the laws of this State, but the amount of fees to be charged must not exceed:
κ2013 Statutes of Nevada, Page 1274 (CHAPTER 281, SB 441)κ
(a) The sum of $35,000 for filing records for initial qualification; or
(b) The sum of [$35,000] $34,925 for each subsequent filing of a certificate increasing authorized capital stock.
2. If the corporate records required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be deemed to be without par value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.
3. Foreign corporations which are nonprofit corporations and which do not have or issue shares of stock shall pay the same fees to the Secretary of State as are required to be paid by nonprofit corporations organized pursuant to the laws of this State.
4. The fee for filing a notice of withdrawal from the State of Nevada by a foreign corporation is $100.
Sec. 8. NRS 82.071 is hereby amended to read as follows:
82.071 1. An insurance company may be organized under this chapter, but such a corporation may not:
(a) Transact any such business within this State until it has first complied with all laws concerning or affecting the right to engage in such business; or
(b) Infringe on the laws of any other state or country in which it may intend to engage in business, by so organizing under this chapter.
2. No [insurance company,] stock fire insurance company, surety company, express company, trust company, stock savings and loan association, or corporation organized for the purpose of conducting a banking business may be organized under this chapter.
Sec. 9. NRS 82.106 is hereby amended to read as follows:
82.106 1. Except as otherwise provided in this subsection, the Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the words trust, engineer, engineered, engineering, professional engineer or licensed engineer. The provisions of this subsection concerning the use of the word trust do not apply to any corporation formed or existing pursuant to this chapter that is doing business solely as a community land trust.
2. The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the words architect, architecture, registered architect, licensed architect, registered interior designer, registered interior design, residential designer, registered residential designer, licensed residential designer or residential design.
3. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing under this chapter [when] if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance [.] , unless the articles or certificate of amendment is approved by the Commissioner of Insurance.
κ2013 Statutes of Nevada, Page 1275 (CHAPTER 281, SB 441)κ
4. The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the word accountant, accounting, accountancy, auditor or auditing.
5. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this State which provides that the name of the corporation contains the words common-interest community, community association, master association, unit-owners association or homeowners association or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners association pursuant to chapter 116 or 116B of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:
(a) Registered with the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels pursuant to NRS 116.31158 or 116B.625; and
(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155 or 116B.620.
6. As used in this section:
(a) Community land trust means an organization that:
(1) Acquires parcels of land that are:
(I) Held in perpetuity; and
(II) Primarily for conveyance under long-term ground leases;
(2) Transfers ownership of any structural improvements located on the leased parcels to the lessees;
(3) When leasing parcels, retains as a condition of the lease a right to purchase any structural improvements at a price determined by a formula that is designed to ensure that the improvements remain affordable to low- and moderate-income persons in perpetuity; and
(4) Has its corporate membership open to any adult resident of a particular geographic area that is specified in the bylaws of the organization.
(b) Ground lease means a lease of land only.
Sec. 10. NRS 82.541 is hereby amended to read as follows:
82.541 1. A corporation governed by this chapter may indemnify any person against expenses as provided in NRS 78.7502 and 78.751. For the purposes of this section, the word stockholders in NRS 78.751 is equivalent to the word members.
2. A corporation governed by this chapter may purchase and maintain insurance or make other financial arrangements on behalf of any person for any liability asserted against the person as provided in NRS 78.752.
Sec. 11. Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act.
Sec. 12. Personal representative means:
1. In reference to a natural person, the executor, administrator, guardian, conservator or other legal representative thereof.
2. In reference to a person other than a natural person, the legal representative or successor thereof.
Sec. 13. (Deleted by amendment.)
κ2013 Statutes of Nevada, Page 1276 (CHAPTER 281, SB 441)κ
Sec. 14. NRS 86.011 is hereby amended to read as follows:
86.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 86.022 to 86.1255, inclusive, and section 12 of this act have the meanings ascribed to them in those sections.
Sec. 15. NRS 86.151 is hereby amended to read as follows:
86.151 1. One or more persons may form a limited-liability company by signing and filing with the Secretary of State articles of organization for the company.
2. Upon the filing of the articles of organization with the Secretary of State and the payment of the required filing fees, the Secretary of State shall issue to the company a certificate that the articles, containing the required statement of facts, have been filed.
3. A signer of the articles of organization or a manager designated in the articles does not thereby become a member of the company. [At] Except as otherwise provided in NRS 86.491, at all times after commencement of business by the company, the company must have one or more members. The filing of the articles does not, by itself, constitute commencement of business by the company.
Sec. 16. NRS 86.286 is hereby amended to read as follows:
86.286 1. A limited-liability company may, but is not required to, adopt an operating agreement. An operating agreement may be adopted only by the unanimous vote or unanimous written consent of the members, which may be in any tangible or electronic format, or by the sole member. If any operating agreement provides for the manner in which it may be amended, including by requiring the approval of a person who is not a party to the operating agreement or the satisfaction of conditions, it may be amended only in that manner or as otherwise permitted by law and any attempt to otherwise amend the operating agreement shall be deemed void and of no legal force or effect unless otherwise provided in the operating agreement. Unless otherwise provided in the operating agreement, amendments to the agreement may be adopted only by the unanimous vote or unanimous written consent of the persons who are members at the time of amendment.
2. An operating agreement may be adopted before, after or at the time of the filing of the articles of organization and, whether entered into before, after or at the time of the filing, may become effective at the formation of the limited-liability company or at a later date specified in the operating agreement. If an operating agreement is adopted:
(a) Before the filing of the articles of organization or before the effective date of formation specified in the articles of organization, the operating agreement is not effective until the effective date of formation of the limited-liability company.
(b) After the filing of the articles of organization or after the effective date of formation specified in the articles of organization, the operating agreement binds the limited-liability company and may be enforced whether or not the limited-liability company assents to the operating agreement.
3. An operating agreement may provide that a certificate of limited-liability company interest issued by the limited-liability company may evidence a members interest in a limited-liability company.
4. An operating agreement:
(a) May provide [rights] , but is not required to provide to any person, including a person who is not a party to the operating agreement, to the extent set forth therein [.] :
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(1) Rights to any person, including a person who is not a party to the operating agreement, to the extent set forth therein;
(2) For the admission of any person as a member of the company dependent upon any fact or event that may be ascertained outside the articles of organization or the operating agreement, if the manner in which the fact or event may operate on the determination of the person or the admission of the person as a member of the company is set forth in the articles of organization or the operating agreement;
(3) That the personal representative of the last remaining member is obligated to agree in writing to the admission of the personal representative, or its nominee or designee, as a member of the company effective upon the occurrence of the event that terminated the last remaining members status as a member of the company;
(4) For the admission of any person as a member of the company upon or after the death, retirement, resignation, expulsion, bankruptcy, dissolution or dissociation of, or any other event affecting, a member or the last remaining member, or after there is no longer a member of the company; or
(5) Any other provision, not inconsistent with law or the articles of organization, which the members elect to set out in the operating agreement for the regulation of the internal affairs of the company.
(b) Must be interpreted and construed to give the maximum effect to the principle of freedom of contract and enforceability.
5. [To] If, and to the extent that , a member or manager or other person has duties to a limited-liability company, to another member or manager, or to another person that is a party to or is otherwise bound by the operating agreement, [the member, manager or other persons] such duties may be expanded, restricted or eliminated by provisions in the operating agreement, except that an operating agreement may not eliminate the implied contractual covenant of good faith and fair dealing.
6. Unless otherwise provided in an operating agreement, a member , [or] manager or other person is not liable for breach of duties, if any, to a limited-liability company, [another member or manager,] to any of the members or managers or to another person that is a party to or otherwise bound by [an] the operating agreement for [breach of fiduciary duty for the member, manager] conduct undertaken in the members, managers or other persons good faith reliance on the provisions of the operating agreement.
7. An operating agreement may provide for the limitation or elimination of any and all liabilities for breach of contract and breach of duties , if any, of a member, manager or other person to a limited-liability company, to [another member or manager,] any of the members or managers, or to another person that is a party to or is otherwise bound by the operating agreement. An operating agreement may not limit or eliminate liability for any [act or omission] conduct that constitutes a bad faith violation of the implied contractual covenant of good faith and fair dealing.
8. The Secretary of State may make available a model operating agreement for use by and at the discretion of a limited-liability company according to such terms and limitations as established by the Secretary of State. The use of such an operating agreement does not create a presumption that the contents of the operating agreement are accurate or that the operating agreement is valid.
κ2013 Statutes of Nevada, Page 1278 (CHAPTER 281, SB 441)κ
Sec. 17. NRS 86.326 is hereby amended to read as follows:
86.326 1. A person is admitted as an initial member of a limited-liability company:
(a) If the company is a limited-liability company managed by its members, upon the filing of the articles of organization with the Secretary of State or upon a later date specified in the articles of organization; or
(b) If the company is a limited-liability company managed by a manager or managers, as of the time set forth in and upon compliance with the operating agreement or, if the operating agreement does not so provide or if the company has no operating agreement, as of the time of such persons admission as reflected in the records of the company.
2. Unless otherwise provided in the articles of organization, after the admission of the initial member or members of a limited-liability company in accordance with subsection 1, a person is admitted as a member:
(a) In the case of a person who is not a transferee of a members interest, including a person being admitted as a noneconomic member and a person acquiring a members interest directly from the company, as of the time set forth in and upon compliance with the operating agreement or, if the operating agreement does not so provide or if the company has no operating agreement, upon the consent of all the members and as of the time of such persons admission as reflected in the records of the company;
(b) In the case of a transferee of a members interest who is a substituted member pursuant to NRS 86.351, as provided in NRS 86.351 or 86.491 and as of the time set forth in and upon compliance with the operating agreement or, if the operating agreement does not so provide or if the company has no operating agreement, as of the time of such persons admission as reflected in the records of the company;
(c) In the case of a person being admitted as a member of a surviving or resulting limited-liability company pursuant to a merger, conversion or exchange approved in accordance with NRS 92A.150, as of the time set forth in and upon compliance with the operating agreement of the surviving or resulting limited-liability company or in the plan of merger, conversion or exchange, and in the event of any inconsistency, the terms of the plan of merger, conversion or exchange control; and
(d) In the case of a person being admitted as a member of a limited-liability company pursuant to a merger, conversion or exchange in which such limited-liability company is not the surviving or resulting entity, as of the time set forth in and upon compliance with the operating agreement of such limited-liability company.
3. In connection with the domestication of an undomesticated organization as a limited-liability company in this State in accordance with NRS 92A.270, a person is admitted as a member of the company as of the time set forth in and upon compliance with the articles of domestication or in the operating agreement of the resulting domestic limited-liability company or, if the articles of domestication and the operating agreement do not so provide or if the articles of domestication do not so provide and the company has no operating agreement, as of the time of such persons admission as reflected in the records of the resulting domestic limited-liability company.
4. Unless otherwise provided in the articles of organization, the operating agreement or another agreement approved or adopted by all of the members, no member has a preemptive right to acquire any unissued members interests or other interests in a limited-liability company.
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5. Unless otherwise provided in the articles of organization or operating agreement:
(a) A person may be admitted as a member of a limited-liability company and may receive a members interest in the company without making or being obligated to make a contribution to the capital of the company.
(b) A person may be admitted as a member or the sole member of a limited-liability company:
(1) Without acquiring a members interest in the company; or
(2) Without making or being obligated to make a contribution to the capital of the company.
Sec. 18. NRS 86.491 is hereby amended to read as follows:
86.491 1. A limited-liability company must be dissolved and its affairs wound up:
(a) At the time, if any, so specified in the articles of organization;
(b) Upon the occurrence of an event so specified in [an] the articles of organization or operating agreement;
(c) Unless otherwise provided in the articles of organization or operating agreement, upon the affirmative vote or written agreement of all the members; [or]
(d) Upon entry of a decree of judicial dissolution of the company pursuant to NRS 86.495 [.] ; or
(e) Except as otherwise provided in subsection 5, within 180 days, or such other period provided in the articles of organization or operating agreement, after the company ceases to have any members, but the company is not required to be so dissolved and its affairs wound up if, within such period:
(1) The personal representative of the last remaining member agrees in writing to continue the company and the personal representative or its nominee or designee is admitted as a member; or
(2) Any person is admitted as a member pursuant to a provision of the operating agreement providing for the admission of a person as a member after there is no longer a member of the company.
2. The affairs of a series of a limited-liability company must be wound up:
(a) At the time, if any, so specified in the articles of organization;
(b) Upon the occurrence of an event so specified in the articles of organization or the operating agreement;
(c) Unless otherwise provided in the articles of organization or operating agreement, upon the affirmative vote or written agreement of all the members associated with the series; [or]
(d) Upon entry of a decree of judicial termination of the series pursuant to NRS 86.495 [.] ; or
(e) Except as otherwise provided in subsection 5, within 180 days, or such other period provided in the articles of organization or operating agreement, after the series ceases to have any associated members, but the affairs of the series are not required to be so wound up if, within such period:
(1) The personal representative of the last remaining member associated with the series agrees in writing to continue the series and the personal representative or its nominee or designee is admitted as a member associated with the series; or
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(2) Any person is admitted as a member associated with the series pursuant to a provision of the operating agreement providing for the admission of a person as a member associated with the series after there is no longer a member associated with the series.
3. Unless otherwise provided in the articles of organization or operating agreement, upon [the] :
(a) The occurrence of an event requiring the affairs of a limited-liability company to be wound up, a manager of the company who has not wrongfully terminated the company or, if none, the members, or a person approved by all the members, may wind up the affairs of the company, and the person or persons winding up the affairs of the company:
(1) May take all actions necessary or proper to wind up the affairs of the company; and
(2) Shall distribute the assets of the company as provided in NRS 86.521 to the creditors of the company and the members of the company.
(b) The occurrence of an event requiring the affairs of a series to be wound up, a manager of the series who has not wrongfully terminated the series or, if none, the members associated with a series, or a person approved by all those members, may wind up the affairs of the series [. Unless otherwise provided in the articles of organization or operating agreement,] , and the person or persons winding up the affairs of the series:
[(a)] (1) May take all actions necessary or proper to wind up the affairs of the series; and
[(b)] (2) Shall distribute the assets of the series as provided in NRS 86.521 to the creditors of the series and the members associated with the series.
4. Except as otherwise provided in this section, the articles of organization or the operating agreement, the death, retirement, resignation, expulsion, bankruptcy, dissolution or dissociation of a member or any other event affecting a member, including, without limitation, a sole member, does not:
(a) Terminate the status of the person as a member; or
(b) Cause the limited-liability company , or the series of the company with which the member is associated, to be dissolved or its affairs to be wound up.
5. Except as otherwise provided in the articles of organization or operating agreement, upon the death of a natural person who is the sole member of a limited-liability company or the sole member associated with a series, the status of the member, including the members interest, may pass to the heirs, successors and assigns of the member by will or applicable law. The heir, successor or assign of the members interest becomes a substituted member pursuant to NRS 86.351, subject to administration as provided by applicable law, without the permission or consent of the heirs, successors or assigns or those administering the estate of the deceased member.
Sec. 19. NRS 86.495 is hereby amended to read as follows:
86.495 1. Upon application by or for a member, the district court may decree dissolution of a limited-liability company whenever it is not reasonably practicable to carry on the business of the company in conformity with the articles of organization or operating agreement.
2. Upon application by or for a member of a series, the district court may decree the termination of the series only, and not the dissolution of the company, whenever it is not reasonably practicable to carry on the business of the series in conformity with the articles of organization or operating agreement.
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company, whenever it is not reasonably practicable to carry on the business of the series in conformity with the articles of organization or operating agreement.
3. If a limited-liability company is required to be dissolved pursuant to NRS 86.491 and articles of dissolution have not been filed within 180 days after the date on which the company is required to be dissolved, upon application by or for the Secretary of State or any person who is adversely affected by the failure of the company to dissolve, the district court may decree dissolution of the company.
Sec. 20. NRS 86.505 is hereby amended to read as follows:
86.505 1. The dissolution of a limited-liability company does not impair any remedy or cause of action available to or against it or its managers or members [arising before its dissolution and] commenced , within 2 years after the effective date of the articles of dissolution [.] , with respect to any remedy or cause of action as to which the plaintiff learns, or in the exercise of reasonable diligence should have learned of, the underlying facts on or before the date of dissolution, or within 3 years after the date of dissolution with respect to any other remedy or cause of action. Any such remedy or cause of action not commenced within the applicable period is barred. A dissolved company continues as a company for the purpose of prosecuting and defending suits, actions, proceedings and claims of any kind or nature by or against it and of enabling it gradually to settle and close its business, to collect and discharge its obligations, to dispose of and convey its property, and to distribute its assets, but not for the purpose of continuing the business for which it was established.
2. Nothing in this section shall be so construed as to lengthen any shorter statute of limitations otherwise applicable provided that no provision of this chapter or other specific statute has the effect of applying any statute of limitations that is longer than provided in this section with respect to any such remedy or cause of action. Nothing in this section shall be construed to create any remedy or cause of action available to or against the company or its managers or members.
Sec. 21. NRS 86.531 is hereby amended to read as follows:
86.531 1. [When all debts, liabilities and obligations have been paid and discharged or adequate provision has been made therefor and all of the remaining property and assets have been distributed to the members,] Except in the case of a dissolution pursuant to NRS 86.490, as soon as practicable after the dissolution of a limited-liability company, articles of dissolution must be prepared and signed setting forth:
(a) The name of the limited-liability company;
(b) That [all debts, obligations and liabilities have been paid and discharged or that adequate provision has been made therefor;] the company has been or will be dissolved; and
(c) [That all the remaining property and assets have been distributed among its members in accordance with their respective rights and interests; and
(d) That there are no suits pending against the company in any court or that adequate provision has been made for the satisfaction of any judgment, order or decree which may be entered against it in any pending suit.] The effective date and time of the dissolution, which may not be later than the effective date and time of the articles of dissolution.
2. The articles of dissolution must be signed by [a] :
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(a) A manager [, or if there is no manager by a member,] of the company [.] , if management of the company is vested in a manager;
(b) A member of the company, if management of the company is not vested in a manager; or
(c) The personal representative of the last remaining member, if there is no remaining manager or member, unless otherwise provided in the articles of organization or operating agreement.
Sec. 22. NRS 86.541 is hereby amended to read as follows:
86.541 1. The signed articles of dissolution must be filed with the Secretary of State. Articles of dissolution are effective at the time of the filing of the articles with the Secretary of State or upon a later date and time as specified in the articles, which date must not be more than 90 days after the date on which the articles are filed. If the articles filed pursuant to this section specify a later effective date but do not specify an effective time, the articles are effective at 12:01 a.m. in the Pacific time zone on the specified later date.
2. [At the time of the filing of the articles of dissolution with the Secretary of State, upon a later date and time as specified in the articles, which date must not be more than 90 days after the date on which the articles are filed or, if the articles filed pursuant to this section specify a later effective date but do not specify an effective time, at 12:01 a.m. in the Pacific time zone on the specified later date, whichever is applicable, the existence of the company ceases, except for the purpose of suits, other proceedings and appropriate action as provided in this chapter.] The manager or managers in office at the time of dissolution, or the [survivors of them,] members, if there are no managers, or the personal representatives, are thereafter trustees [for the members and creditors] of the dissolved company [and as such have authority to distribute any property of the company discovered after dissolution, convey real estate and take such other action as may be necessary on behalf of and in the name of the dissolved company.] , with full power to prosecute and defend suits, actions, proceedings and claims of any kind or character by or against the company, to enable the company gradually to settle and close its business, to collect its assets, to collect and discharge its obligations, to dispose of and convey its property, to distribute its money and other property among the members, after paying or adequately providing for the payment of its liabilities and obligations, and to do every other act to wind up and liquidate its business and affairs, but not for the purpose of continuing the business for which the company was established.
Sec. 23. NRS 87.440 is hereby amended to read as follows:
87.440 1. To become a registered limited-liability partnership, a partnership shall file with the Secretary of State a certificate of registration stating each of the following:
(a) The name of the partnership.
(b) The street address of its principal office.
(c) The information required pursuant to NRS 77.310.
(d) The name and business address of each managing partner . [in this State.]
(e) That the partnership thereafter will be a registered limited-liability partnership.
(f) Any other information that the partnership wishes to include.
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2. The certificate of registration must be signed by a majority in interest of the partners or by one or more partners authorized to sign such a certificate.
3. The certificate of registration must be accompanied by a fee of $75.
4. The Secretary of State shall register as a registered limited-liability partnership any partnership that submits a completed certificate of registration with the required fee.
5. The registration of a registered limited-liability partnership is effective at the time of the filing of the certificate of registration.
Sec. 24. NRS 92A.270 is hereby amended to read as follows:
92A.270 1. Any undomesticated organization may become domesticated in this State as a domestic entity by:
(a) Paying to the Secretary of State the fees required pursuant to this title for filing the charter document; and
(b) Filing with the Secretary of State:
(1) Articles of domestication which must be signed by an authorized representative of the undomesticated organization approved in compliance with subsection 6;
(2) The appropriate charter document for the type of domestic entity;
(3) The information required pursuant to NRS 77.310;
(4) A certified copy of the charter document , or the equivalent, if any, of the undomesticated organization; and
(5) A certificate of good standing, or the equivalent, from the jurisdiction where the undomesticated organization was chartered immediately before filing the articles of domestication pursuant to subparagraph (1).
2. The articles of domestication must set forth the:
(a) Date when and the jurisdiction where the undomesticated organization was first formed, incorporated, organized or otherwise created and, if applicable, any date when and jurisdiction where the undomesticated organization was chartered after its formation;
(b) Name of the undomesticated organization immediately before filing the articles of domestication;
(c) Name and type of domestic entity as set forth in its charter document pursuant to subsection 1; and
(d) Jurisdiction that constituted the principal place of business or central administration of the undomesticated organization, or any other equivalent thereto pursuant to applicable law, immediately before filing the articles of domestication.
3. Upon filing the articles of domestication and the charter document with the Secretary of State, and the payment of the requisite fee for filing the charter document of the domestic entity, the undomesticated organization is domesticated in this State as the domestic entity described in the charter document filed pursuant to subsection 1. The existence of the domestic entity begins on the date the undomesticated organization began its existence in the jurisdiction in which the undomesticated organization was first formed, incorporated, organized or otherwise created.
4. The domestication of any undomesticated organization does not affect any obligations or liabilities of the undomesticated organization incurred before its domestication.
5. The filing of the charter document of the domestic entity pursuant to subsection 1 does not affect the choice of law applicable to the undomesticated organization.
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undomesticated organization. From the date the charter document of the domestic entity is filed, the law of this State applies to the domestic entity to the same extent as if the undomesticated organization was organized and created as a domestic entity on that date.
6. Before filing articles of domestication, the domestication must be approved in the manner required by:
(a) The document, instrument, agreement or other writing governing the internal affairs of the undomesticated organization and the conduct of its business; and
(b) Applicable foreign law.
7. When a domestication becomes effective, all rights, privileges and powers of the undomesticated organization, all property owned by the undomesticated organization, all debts due to the undomesticated organization, and all causes of action belonging to the undomesticated organization are vested in the domestic entity and become the property of the domestic entity to the same extent as vested in the undomesticated organization immediately before domestication. The title to any real property vested by deed or otherwise in the undomesticated organization is not reverted or impaired by the domestication. All rights of creditors and all liens upon any property of the undomesticated organization are preserved unimpaired and all debts, liabilities and duties of an undomesticated organization that has been domesticated attach to the domestic entity resulting from the domestication and may be enforced against it to the same extent as if the debts, liability and duties had been incurred or contracted by the domestic entity.
8. When an undomesticated organization is domesticated, the domestic entity resulting from the domestication is for all purposes deemed to be the same entity as the undomesticated organization. Unless otherwise agreed by the owners of the undomesticated organization or as required pursuant to applicable foreign law, the domestic entity resulting from the domestication is not required to wind up its affairs, pay its liabilities or distribute its assets. The domestication of an undomesticated organization does not constitute the dissolution of the undomesticated organization. The domestication constitutes a continuation of the existence of the undomesticated organization in the form of a domestic entity. If, following domestication, an undomesticated organization that has become domesticated pursuant to this section continues its existence in the foreign country or foreign jurisdiction in which it was existing immediately before the domestication, the domestic entity and the undomesticated organization are for all purposes a single entity formed, incorporated, organized or otherwise created and existing pursuant to the laws of this State and the laws of the foreign country or other foreign jurisdiction. If, following domestication, an undomesticated organization that has become domesticated pursuant to this section does not continue its existence in the foreign country or foreign jurisdiction in which it existed immediately before the domestication, the domestic entity resulting from the domestication continues and is not required to wind up its affairs, pay its liabilities or distribute its assets.
9. The owner liability of an undomesticated organization that is domesticated in this State:
(a) Is not discharged, pursuant to the laws of the previous jurisdiction of the organization, to the extent the owner liability arose before the effective date of the articles of domestication;
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(b) Does not attach, pursuant to the laws of the previous jurisdiction of the organization, to any debt, obligation or liability of the organization that arises after the effective date of the articles of domestication;
(c) Is governed by the law of the previous jurisdiction of the organization, as if the domestication has not occurred, for the collection or discharge of owner liability not discharged pursuant to paragraph (a);
(d) Is subject to the right of contribution from any other shareholder, member, trustee, partner, limited partner or other owner of the undomesticated organization pursuant to the laws of the previous jurisdiction of the organization, as if the domestication has not occurred, for the collection or discharge of owner liability not discharged pursuant to paragraph (a); and
(e) Applies only to the debts, obligations or liabilities of the organization that arise after the effective date of the articles of domestication if the owner becomes subject to owner liability or some or all of the debts, obligations or liabilities of the undomesticated entity as a result of its domestication in this State.
10. As used in this section:
(a) Owner liability means the liability of a shareholder, member, trustee, partner, limited partner or other owner of an organization for debts of the organization, including the responsibility to make additional capital contributions to cover such debts.
(b) Undomesticated organization means any incorporated organization, private law corporation, whether or not organized for business purposes, public law corporation, limited-liability company, general partnership, registered limited-liability partnership, limited partnership or registered limited-liability limited partnership, proprietorship, joint venture, foundation, business trust, real estate investment trust, common-law trust or any other unincorporated business formed, organized, created or the internal affairs of which are governed by the laws of any foreign country or jurisdiction other than this State.
Sec. 25. NRS 92A.390 is hereby amended to read as follows:
92A.390 1. There is no right of dissent with respect to a plan of merger, conversion or exchange in favor of stockholders of any class or series which is:
(a) A covered security under section 18(b)(1)(A) or (B) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(1)(A) or (B), as amended;
(b) Traded in an organized market and has at least 2,000 stockholders and a market value of at least $20,000,000, exclusive of the value of such shares held by the corporations subsidiaries, senior executives, directors and beneficial stockholders owning more than 10 percent of such shares; or
(c) Issued by an open end management investment company registered with the Securities and Exchange Commission under the Investment Company Act of 1940 , 15 U.S.C. §§ 80a-1 et seq., as amended, and which may be redeemed at the option of the holder at net asset value,
Κ unless the articles of incorporation of the corporation issuing the class or series or the resolution of the board of directors approving the plan of merger, conversion or exchange expressly provide otherwise.
2. The applicability of subsection 1 must be determined as of:
(a) The record date fixed to determine the stockholders entitled to receive notice of and to vote at the meeting of stockholders to act upon the corporate action requiring dissenters rights; or
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(b) The day before the effective date of such corporate action if there is no meeting of stockholders.
3. Subsection 1 is not applicable and dissenters rights are available pursuant to NRS 92A.380 for the holders of any class or series of shares who are required by the terms of the corporate action requiring dissenters rights to accept for such shares anything other than cash or shares of any class or any series of shares of any corporation, or any other proprietary interest of any other entity, that satisfies the standards set forth in subsection 1 at the time the corporate action becomes effective.
4. There is no right of dissent for any holders of stock of the surviving domestic corporation if the plan of merger does not require action of the stockholders of the surviving domestic corporation under NRS 92A.130.
5. There is no right of dissent for any holders of stock of the parent domestic corporation if the plan of merger does not require action of the stockholders of the parent domestic corporation under NRS 92A.180.
Sec. 26. NRS 92A.410 is hereby amended to read as follows:
92A.410 1. If a proposed corporate action creating [dissenters] dissenters rights is submitted to a vote at a stockholders meeting, the notice of the meeting must state that stockholders are, are not or may be entitled to assert [dissenters] dissenters rights under NRS 92A.300 to 92A.500, inclusive. If the domestic corporation concludes that dissenters rights are or may be available, a copy of NRS 92A.300 to 92A.500, inclusive, must accompany the meeting notice sent to those record stockholders entitled to exercise dissenters rights.
2. If the corporate action creating [dissenters] dissenters rights is taken by written consent of the stockholders or without a vote of the stockholders, the domestic corporation shall notify in writing all stockholders entitled to assert [dissenters] dissenters rights that the action was taken and send them the dissenters notice described in NRS 92A.430.
Sec. 27. NRS 92A.420 is hereby amended to read as follows:
92A.420 1. If a proposed corporate action creating [dissenters] dissenters rights is submitted to a vote at a stockholders meeting, a stockholder who wishes to assert dissenters rights with respect to any class or series of shares:
(a) Must deliver to the subject corporation, before the vote is taken, written notice of the stockholders intent to demand payment for his or her shares if the proposed action is effectuated; and
(b) Must not vote, or cause or permit to be voted, any of his or her shares of such class or series in favor of the proposed action.
2. If a proposed corporate action creating [dissenters] dissenters rights is taken by written consent of the stockholders, a stockholder who wishes to assert [dissenters] dissenters rights with respect to any class or series of shares must not consent to or approve the proposed corporate action with respect to such class or series.
3. A stockholder who does not satisfy the requirements of subsection 1 or 2 and NRS 92A.400 is not entitled to payment for his or her shares under this chapter.
Sec. 28. NRS 92A.430 is hereby amended to read as follows:
92A.430 1. The subject corporation shall deliver a written dissenters notice to all stockholders of record entitled to assert [dissenters] dissenters rights [.] in whole or in part, and any beneficial stockholder who has previously asserted dissenters rights pursuant to NRS 92A.400.
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2. The dissenters notice must be sent no later than 10 days after the effective date of the corporate action specified in NRS 92A.380, and must:
(a) State where the demand for payment must be sent and where and when certificates, if any, for shares must be deposited;
(b) Inform the holders of shares not represented by certificates to what extent the transfer of the shares will be restricted after the demand for payment is received;
(c) Supply a form for demanding payment that includes the date of the first announcement to the news media or to the stockholders of the terms of the proposed action and requires that the person asserting dissenters rights certify whether or not the person acquired beneficial ownership of the shares before that date;
(d) Set a date by which the subject corporation must receive the demand for payment, which may not be less than 30 nor more than 60 days after the date the notice is delivered and state that the stockholder shall be deemed to have waived the right to demand payment with respect to the shares unless the form is received by the subject corporation by such specified date; and
(e) Be accompanied by a copy of NRS 92A.300 to 92A.500, inclusive.
Sec. 29. NRS 92A.460 is hereby amended to read as follows:
92A.460 1. Except as otherwise provided in NRS 92A.470, within 30 days after receipt of a demand for payment [,] pursuant to NRS 92A.440, the subject corporation shall pay in cash to each dissenter who complied with NRS 92A.440 the amount the subject corporation estimates to be the fair value of the dissenters shares, plus accrued interest. The obligation of the subject corporation under this subsection may be enforced by the district court:
(a) Of the county where the subject corporations principal office is located;
(b) If the subject corporations principal office is not located in this State, in the county in which the corporations registered office is located; or
(c) At the election of any dissenter residing or having its principal or registered office in this State, of the county where the dissenter resides or has its principal or registered office.
Κ The court shall dispose of the complaint promptly.
2. The payment must be accompanied by:
(a) The subject corporations balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, a statement of income for that year, a statement of changes in the stockholders equity for that year or, where such financial statements are not reasonably available, then such reasonably equivalent financial information and the latest available quarterly financial statements, if any;
(b) A statement of the subject corporations estimate of the fair value of the shares; and
(c) A statement of the dissenters rights to demand payment under NRS 92A.480 and that if any such stockholder does not do so within the period specified, such stockholder shall be deemed to have accepted such payment in full satisfaction of the corporations obligations under this chapter.
Sec. 30. NRS 92A.470 is hereby amended to read as follows:
92A.470 1. A subject corporation may elect to withhold payment from a dissenter unless the dissenter was the beneficial owner of the shares before the date set forth in the dissenters notice as the first date of any announcement to the news media or to the stockholders of the terms of the proposed action.
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before the date set forth in the dissenters notice as the first date of any announcement to the news media or to the stockholders of the terms of the proposed action.
2. To the extent the subject corporation elects to withhold payment, within 30 days after receipt of a demand for payment [,] pursuant to NRS 92A.440, the subject corporation shall notify the dissenters described in subsection 1:
(a) Of the information required by paragraph (a) of subsection 2 of NRS 92A.460;
(b) Of the subject corporations estimate of fair value pursuant to paragraph (b) of subsection 2 of NRS 92A.460;
(c) That they may accept the subject corporations estimate of fair value, plus interest, in full satisfaction of their demands or demand appraisal under NRS 92A.480;
(d) That those stockholders who wish to accept such an offer must so notify the subject corporation of their acceptance of the offer within 30 days after receipt of such offer; and
(e) That those stockholders who do not satisfy the requirements for demanding appraisal under NRS 92A.480 shall be deemed to have accepted the subject corporations offer.
3. Within 10 days after receiving the stockholders acceptance pursuant to subsection 2, the subject corporation shall pay in cash the amount offered under paragraph (b) of subsection 2 to each stockholder who agreed to accept the subject corporations offer in full satisfaction of the stockholders demand.
4. Within 40 days after sending the notice described in subsection 2, the subject corporation shall pay in cash the amount offered under paragraph (b) of subsection 2 to each stockholder described in paragraph (e) of subsection 2.
Sec. 31. NRS 92A.490 is hereby amended to read as follows:
92A.490 1. If a demand for payment pursuant to NRS 92A.480 remains unsettled, the subject corporation shall commence a proceeding within 60 days after receiving the demand and petition the court to determine the fair value of the shares and accrued interest. If the subject corporation does not commence the proceeding within the 60-day period, it shall pay each dissenter whose demand remains unsettled the amount demanded by each dissenter pursuant to NRS 92A.480 plus interest.
2. A subject corporation shall commence the proceeding in the district court of the county where its principal office is located in this State. If the principal office of the subject corporation is not located in this State, the right to dissent arose from a merger, conversion or exchange and the principal office of the surviving entity, resulting entity or the entity whose shares were acquired, whichever is applicable, is located in this State, it shall commence the proceeding in the county where the principal office of the surviving entity, resulting entity or the entity whose shares were acquired is located. In all other cases, if the principal office of the subject corporation is not located in this State, the subject corporation shall commence the proceeding in the district court in the county in which the corporations registered office is located.
3. The subject corporation shall make all dissenters, whether or not residents of Nevada, whose demands remain unsettled, parties to the proceeding as in an action against their shares. All parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law.
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4. The jurisdiction of the court in which the proceeding is commenced under subsection 2 is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend a decision on the question of fair value. The appraisers have the powers described in the order appointing them, or any amendment thereto. The dissenters are entitled to the same discovery rights as parties in other civil proceedings.
5. Each dissenter who is made a party to the proceeding is entitled to a judgment:
(a) For the amount, if any, by which the court finds the fair value of the dissenters shares, plus interest, exceeds the amount paid by the subject corporation; or
(b) For the fair value, plus accrued interest, of the dissenters after-acquired shares for which the subject corporation elected to withhold payment pursuant to NRS 92A.470.
Sec. 32. NRS 13.050 is hereby amended to read as follows:
13.050 1. If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for answering expires demand in writing that the trial be had in the proper county, and the place of trial be thereupon changed by consent of the parties, or by order of the court, as provided in this section.
2. The court may, on motion, change the place of trial in the following cases:
(a) When the county designated in the complaint is not the proper county.
(b) When there is reason to believe that an impartial trial cannot be had therein.
(c) When the convenience of the witnesses and the ends of justice would be promoted by the change.
(d) When any defendant in a case commenced in a county without a business court requests a change to a county:
(1) With a business court; and
(2) In which the case, if originally commenced in such county, would be eligible for assignment to the business court.
3. When the place of trial is changed, all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed, or by order of the court, and the papers shall be filed or transferred accordingly.
4. As used in this section, business court means, as designated pursuant to the rules of the applicable district court:
(a) A business court docket;
(b) A business matter designation; or
(c) At least one business court judge.
Sec. 33. NRS 695B.050 is hereby amended to read as follows:
695B.050 Persons desiring to form a nonprofit hospital, medical or dental service corporation shall incorporate pursuant to the provisions of this chapter, and the provisions of the nonprofit corporation laws of the State of Nevada, including NRS 81.410 to 81.540, inclusive, or chapter 82 of NRS, as applicable, so far as the provisions of such laws are applicable and not inconsistent with this chapter.
________
κ2013 Statutes of Nevada, Page 1290κ
Senate Bill No. 303Senators Denis, Kihuen, Roberson, Ford, Segerblom; Atkinson, Hammond, Hardy, Hutchison, Jones, Manendo, Parks, Smith, Spearman and Woodhouse
Joint Sponsors: Assemblymen Bustamante Adams, Diaz, Flores, Elliot Anderson, Spiegel; Aizley, Benitez-Thompson, Bobzien, Dondero Loop, Eisen, Frierson, Hickey, Kirkpatrick, Munford, Neal and Pierce
CHAPTER 282
[Approved: May 31, 2013]
AN ACT relating to motor vehicles; providing for the issuance of a driver authorization card; establishing the contents of an application for a driver authorization card and certain instruction permits; establishing the information that must be contained on a driver authorization card and similarly obtained instruction permits; providing for the expiration and renewal of a driver authorization card; providing that certain provisions of state law which apply to drivers licenses also apply to a driver authorization card and similarly obtained instruction permits; making an appropriation; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Department of Motor Vehicles issues multiple licenses that confer to a person the privilege of operating a vehicle, including a drivers license, instruction permit, commercial drivers license and certain limited or restricted drivers licenses or instruction permits. (NRS 483.2521, 483.267, 483.270, 483.280, 483.340, 483.360, 483.908) The federal Real ID Act of 2005 requires any drivers license or identification card issued by a state to meet certain standards to be used for federal identification or other official purposes and allows for a state to issue drivers licenses or identification cards that do not meet such standards if such licenses or cards are of a unique design and clearly state that they may not be used for federal identification or other official purposes. (Real ID Act of 2005 § 202, Pub. Law No. 109-13, 119 Stat. 302, 312-15, 49 U.S.C. 30301 note)
Section 5 of this bill sets forth requirements for applications for driver authorization cards and alternative requirements for applications for instruction permits. Section 5 establishes the information that must be included in such applications, including, without limitation, documents that must be submitted to prove the applicants name, age and residence in this State. Section 5 allows an applicant to present various documents, including, without limitation, a birth certificate or passport issued by a foreign government, as proof of his or her name and age. Section 5 provides that a driver authorization card expires 1 year after issuance or renewal. Section 5 requires that a driver authorization card and an instruction permit obtained in accordance with section 5 be of the same design as a drivers license with only the minimum number of changes necessary to comply with the federal Real ID Act of 2005. Section 5 provides that any provision of title 43 of NRS that applies to a drivers license is deemed also to apply to a driver authorization card and an instruction permit obtained in accordance with section 5.
Section 1 of this bill prohibits the Director of the Department from releasing any information from the files and records of the Department relating to legal presence to any person or federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.
κ2013 Statutes of Nevada, Page 1291 (CHAPTER 282, SB 303)κ
Section 12 of this bill makes an appropriation from the State Highway Fund to the Department of Motor Vehicles to pay the costs of developing and issuing driver authorization cards and similarly obtained instruction permits.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
2. Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
3. Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
Κ When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
4. If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:
κ2013 Statutes of Nevada, Page 1292 (CHAPTER 282, SB 303)κ
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or
(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
5. Except as otherwise provided in subsections 2, 4 and 6 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
6. Except as otherwise provided in paragraph (a) and subsection 7, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles; or
(9) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.
κ2013 Statutes of Nevada, Page 1293 (CHAPTER 282, SB 303)κ
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.
(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.
(k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:
(1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;
(2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and
(3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.
7. Except as otherwise provided in paragraph (j) of subsection 6, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:
(a) Each person to whom the information is provided; and
(b) The purpose for which that person will use the information.
Κ The record must be made available for examination by the Department at all reasonable times upon request.
8. Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
9. Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
10. The Director shall not release any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.
11. The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:
κ2013 Statutes of Nevada, Page 1294 (CHAPTER 282, SB 303)κ
(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be obtained and the limited uses which are permitted;
(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) Understands that a record will be maintained by the Department of any information he or she requests; and
(d) Understands that a violation of the provisions of this section is a criminal offense.
[11.] 12. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the Department.
(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.
[12.] 13. As used in this section:
(a) Information relating to legal presence means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the drivers license that a person possesses is a driver authorization card, whether the person applied for a drivers license pursuant to NRS 483.290 or section 5 of this act and the documentation used to prove name, age and residence that was provided by the person with his or her application for a drivers license.
(b) Personal information means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, drivers license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular accidents or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.
[(b)] (c) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060.
Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. Driver authorization card means a card obtained in accordance with section 5 of this act.
Sec. 4. 1. A person who wishes to obtain an instruction permit or a drivers license may apply using the provisions of NRS 483.290 or section 5 of this act.
2. A person who wishes to apply for any restricted or limited license issued pursuant to this chapter may do so by:
(a) Submitting an application using the provisions of NRS 483.290 or section 5 of this act; and
(b) Fulfilling the requirements for the issuance of the restricted or limited license.
Sec. 5. 1. An application for an instruction permit or for a driver authorization card must:
κ2013 Statutes of Nevada, Page 1295 (CHAPTER 282, SB 303)κ
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the name, date of birth, sex and residence address of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her name and age by displaying an original or certified copy of:
(a) Any one of the following documents:
(1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;
(2) A drivers license issued by another state, the District of Columbia or any territory of the United States which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. § 37.17;
(3) A passport issued by the United States Government;
(4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;
(5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;
(6) A Certificate of Degree of Indian Blood issued by the United States Government;
(7) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;
(8) A Consular Report of Birth Abroad issued by the Department of State; or
(9) Such other documentation as specified by the Department by regulation; or
(b) Any two of the following documents:
(1) A drivers license issued by another state, the District of Columbia or any territory of the United States other than such a drivers license described in subparagraph (2) of paragraph (a);
(2) A passport issued by a foreign government;
(3) A birth certificate issued by a foreign government;
(4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar; or
(5) Any other proof acceptable to the Department.
κ2013 Statutes of Nevada, Page 1296 (CHAPTER 282, SB 303)κ
Κ No document which is written in a language other than English may be accepted by the Department pursuant to this subsection unless it is accompanied by a verified translation of the document in the English language.
3. Every applicant must prove his or her residence in this State by displaying an original or certified copy of any two of the following documents:
(a) A receipt from the rent or lease of a residence located in this State;
(b) A record from a public utility for a service address located in this State which is dated within the previous 60 days;
(c) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;
(d) A stub from an employment check indicating a residential address located in this State;
(e) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;
(f) A record, receipt or bill from a medical provider indicating a residential address located in this State; or
(g) Any other document as prescribed by the Department by regulation.
4. Except as otherwise provided in subsection 5, a driver authorization card or instruction permit obtained in accordance with this section must:
(a) Contain the same information as prescribed for a drivers license pursuant to NRS 483.340 and any regulations adopted pursuant thereto;
(b) Be of the same design as a drivers license and contain only the minimum number of changes from that design that are necessary to comply with subsection 5; and
(c) Be numbered from the same sequence of numbers as a drivers license.
5. A driver authorization card or instruction permit obtained in accordance with this section must comply with the requirements of section 202(d)(11) of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 302, 312-15, 49 U.S.C. § 30301 note.
6. Notwithstanding the provisions of NRS 483.380, every driver authorization card expires on the anniversary of its issuance or renewal. Every driver authorization card is renewable at any time before its expiration upon application and payment of the required fee. The Department may, by regulation, defer the expiration of the driver authorization card of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the driver authorization card of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.
7. A driver authorization card shall not be used to determine eligibility for any benefits, licenses or services issued or provided by this State or its political subdivisions.
8. Except as otherwise provided in this section or by specific statute, any provision of this title that applies to drivers licenses shall be deemed to apply to a driver authorization card and an instruction permit obtained in accordance with this section.
κ2013 Statutes of Nevada, Page 1297 (CHAPTER 282, SB 303)κ
Sec. 6. NRS 483.015 is hereby amended to read as follows:
483.015 Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and sections 3, 4 and 5 of this act apply only with respect to noncommercial drivers licenses.
Sec. 7. NRS 483.020 is hereby amended to read as follows:
483.020 As used in NRS 483.010 to 483.630, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 483.083 is hereby amended to read as follows:
483.083 License means any drivers license or permit to operate a vehicle issued under or granted by the laws of this State, including:
1. Any temporary license [or] ;
2. Any instruction permit [; and
2.] obtained in accordance with NRS 483.290; and
3. The future privilege to drive a vehicle by a person who does not hold a drivers license.
Sec. 9. NRS 483.290 is hereby amended to read as follows:
483.290 1. [Every] An application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her full legal name and age by displaying an original or certified copy of the required documents as prescribed by regulation.
3. The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department.
4. At the time of applying for a drivers license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
5. Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.
6. The Department may refuse to accept a drivers license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
κ2013 Statutes of Nevada, Page 1298 (CHAPTER 282, SB 303)κ
Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
7. With respect to any document presented by a person who was born outside of the United States to prove his or her full legal name and age, the Department:
(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) Shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.
8. The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
9. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 10. NRS 483.292 is hereby amended to read as follows:
483.292 1. When a person applies to the Department for an instruction permit or drivers license pursuant to NRS 483.290 [,] or section 5 of this act, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.
2. If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States.
3. If the person declares pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the Department shall count the declaration and maintain it only numerically in a record kept by the Department for that purpose.
4. The Department shall, at least once each quarter:
(a) Compile the aggregate number of persons who have, during the immediately preceding quarter, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and
(b) Transmit that number to the Office of Veterans Services to be used for statistical purposes.
Sec. 11. NRS 483.620 is hereby amended to read as follows:
483.620 It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and sections 3, 4 and 5 of this act, unless such violation is, by NRS 483.010 to 483.630, inclusive, and sections 3, 4 and 5 of this act, or other law of this State, declared to be a felony.
κ2013 Statutes of Nevada, Page 1299 (CHAPTER 282, SB 303)κ
Sec. 12. 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the following sums to pay the costs of developing and issuing driver authorization cards and instruction permits pursuant to the provisions of this act:
For the Fiscal Year 2013-2014................................................. $739,110
For the Fiscal Year 2014-2015................................................. $893,852
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years 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 19, 2014, and September 18, 2015, respectively, 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 19, 2014, and September 18, 2015, respectively.
Sec. 13. 1. This section becomes effective upon passage and approval.
2. Section 12 of this act becomes effective on July 1, 2013.
3. Sections 1 to 11, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2014, for all other purposes.
________
Senate Bill No. 434Committee on Natural Resources
CHAPTER 283
[Approved: June 1, 2013]
AN ACT relating to vessels; authorizing a peace officer to seize a vessel without a warrant and to treat the vessel as abandoned under certain circumstances; revising the circumstances under which an operator of a vessel must file a description of a collision, accident or other casualty involving the vessel; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits the operation of a motorboat on the waters of this State unless the motorboat is numbered and titled, with certain exceptions. (NRS 488.065) Existing law also prohibits a person, under certain circumstances, from: (1) intentionally defacing, destroying, removing or altering any hull number required for a vessel without authorization from the Department of Wildlife; or (2) placing or stamping a serial number upon a vessel except a number assigned to the vessel by the Department. (NRS 488.171) If a peace officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the peace officer may take reasonable steps to ensure the preservation of the evidence, including the safe storage of the vessel or its contents. (NRS 488.910) Existing law also sets forth the actions that a peace officer may take to attempt to establish ownership of an abandoned vessel on private property, including the removal of the vessel to a secure location designated by the peace officer.
κ2013 Statutes of Nevada, Page 1300 (CHAPTER 283, SB 434)κ
also sets forth the actions that a peace officer may take to attempt to establish ownership of an abandoned vessel on private property, including the removal of the vessel to a secure location designated by the peace officer. (NRS 488.293) Section 1 of this bill authorizes a peace officer, without a warrant, to seize any vessel: (1) which is being operated with any improper number, certificate of number or certificate of ownership; (2) which the peace officer has probable cause to believe has been stolen; (3) on which any hull number or other identifying mark has been falsely attached, removed, defaced, altered or obliterated; or (4) which contains a part with a certain identification number or other distinguishing number or mark which has been falsely attached, removed, defaced, altered or obliterated. Section 1 also authorizes a law enforcement agency to treat the vessel as abandoned and to proceed in the manner set forth in existing law for the disposal of an abandoned vessel.
Existing law requires the operator of a vessel involved in a collision, accident or other casualty to file with the Department a full description of the casualty if the collision, accident or casualty results in the death of or injury to a person or damage to property in excess of $500. (NRS 488.550) Section 2 of this bill increases the threshold for filing a full description of the casualty from an amount in excess of $500 to an amount in excess of $2,000.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any seizure authorized pursuant to NRS 488.910, any peace officer, without a warrant, may seize and take possession of any vessel:
(a) Which is being operated with any improper number, certificate of number or certificate of ownership;
(b) Which the peace officer has probable cause to believe has been stolen;
(c) On which any hull number or other identifying mark has been falsely attached, removed, defaced, altered or obliterated; or
(d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, removed, defaced, altered or obliterated.
2. A law enforcement agency shall inspect any vessel seized pursuant to paragraph (c) or (d) of subsection 1 to determine whether the number or mark in question on the vessel or part from the vessel has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vessel.
3. If the results of the investigation conclude that the number or mark in question has been falsely attached, removed, defaced, altered or obliterated and no person has presented satisfactory evidence of ownership, then the law enforcement agency may treat the vessel as abandoned and proceed in the manner set forth in NRS 488.293.
Sec. 2. NRS 488.550 is hereby amended to read as follows:
488.550 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as the operator can do so without serious danger to his or her own vessel, crew and passengers, render to other persons affected by the casualty such assistance as may be practicable and as may be necessary to save them from or minimize any danger caused by the casualty, and shall give his or her name, address and the identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the casualty.
κ2013 Statutes of Nevada, Page 1301 (CHAPTER 283, SB 434)κ
necessary to save them from or minimize any danger caused by the casualty, and shall give his or her name, address and the identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of [$500,] $2,000, shall file with the Department a full description of the casualty, including, without limitation, such information as the Commission may, by regulation, require.
3. Upon receipt of a claim under a policy of insurance with respect to a collision, accident or other casualty for which a report is required by subsection 2, the insurer shall provide written notice to the insured of the insureds responsibility pursuant to subsection 2 to file with the Department a full description of the casualty.
4. Upon receipt of a request for repair with respect to a collision, accident or other casualty for which a report is required by subsection 2, the person who repairs the vessel shall provide written notice to the person requesting the repairs of the requirement set forth in subsection 2 that the operator file with the Department a full description of the casualty.
5. The insurer and the person who repairs a vessel shall transmit a copy of each notice they provide pursuant to subsections 3 and 4, respectively, to the Department at the same time the notice is provided to the insured or person requesting the repairs.
6. The Department shall investigate or cause to be investigated a collision, accident or other casualty involving a vessel which results in death or substantial bodily injury and shall gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty. The Department may investigate or cause to be investigated a collision, accident or other casualty involving a vessel which does not result in death or substantial bodily injury and may gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty.
Sec. 3. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 8Committee on Health and Human Services
CHAPTER 284
[Approved: June 1, 2013]
AN ACT relating to public welfare; revising provisions governing the duties of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services; repealing certain programs relating to Medicaid and public assistance; abolishing the State Board of Welfare and Supportive Services; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 1302 (CHAPTER 284, AB 8)κ
Legislative Counsels Digest:
Sections 1, 2, 4-11, 15, 16 and 30 of this bill make various changes to remove some of the overlap between the chapters governing the Division of Health Care Financing and Policy of the Department of Health and Human Services and the Division of Welfare and Supportive Services of the Department to reflect more clearly the duties of each division. (Chapters 422 and 422A of NRS) With these changes, chapter 422 of NRS, which concerns health care financing and policy, concentrates on the duties of the Division of Health Care Financing and Policy with respect to Medicaid and the Childrens Health Insurance Program, and chapter 422A of NRS, which concerns welfare and supportive services, concentrates on the duties of the Division of Welfare and Supportive Services with respect to all programs that provide public assistance.
Section 30 repeals various provisions of existing law relating to Medicaid, the Childrens Health Insurance Program and other programs which provide public assistance to accomplish that separation. Sections 1, 15 and 16.5 of this bill reenact some of those repealed provisions in the appropriate chapter based upon which Division is responsible. (NRS 232.354, 422.29308, 422.3045) In addition, sections 4-9 and 11 limit certain provisions which are within the duties of the Division of Health Care Financing and Policy so that they apply only to Medicaid and the Childrens Health Insurance Program. Section 16 adds a section to the chapter concerning welfare and supportive services that duplicates a similar provision which, as amended in section 11, applies only to Medicaid and the Childrens Health Insurance Program to continue to allow the Division of Welfare and Supportive Services to recover from recipients of public assistance or their estates certain amounts which were incorrectly paid to the recipients.(NRS 422.29304)
Sections 3, 20 and 24 of this bill replace the term alien with person who is not a citizen or national of the United States in provisions concerning the eligibility of persons who are not citizens or nationals of the United States for Medicaid and welfare programs. (NRS 422.065, 422A.085, 422A.265)
Sections 18, 19 and 23 of this bill replace references to the federal Food Stamp Program with references to the Supplemental Nutrition Assistance Program for consistency with current federal law. (7 U.S.C. §§ 2011 et seq.)
Section 21 of this bill removes the requirement that the Administrator of the Division of Welfare and Support Services be a college graduate with a degree in a field of social science, public administration, business administration or a related field and instead requires the Director to give preference to a person who has such a degree when appointing the Administrator. (NRS 422A.155)
Section 30 abolishes the State Board of Welfare and Supportive Services, which, under existing law, makes recommendations concerning the administration of public assistance. (NRS 422A.010, 422A.110-422A.135, 422A.165) Section 30 also repeals provisions of chapter 422A of NRS concerning certain family planning and prenatal care programs that are duplicated in chapter 422 of NRS. (NRS 422A.310, 422A.315)
Section 29 of this bill makes permanent the authorization in existing law for the Department to contract with certain motor carriers to transport recipients of services pursuant to the Childrens Health Insurance Program who travel to and from providers of services. (NRS 422.2705; Section 2 of Chapter 392, Statutes of Nevada 2011, at p. 2470)
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 422 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.
κ2013 Statutes of Nevada, Page 1303 (CHAPTER 284, AB 8)κ
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. 2. NRS 422.050 is hereby amended to read as follows:
422.050 [1.] Public assistance [includes:
(a) State Supplementary Assistance;
(b) Temporary Assistance for Needy Families;
(c) Medicaid;
(d) Food Stamp Assistance;
(e) Low-Income Home Energy Assistance;
(f) The Program for Child Care and Development; and
(g) Benefits provided pursuant to any other public welfare program administered by the Division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The term does not include the Childrens Health Insurance Program.] has the meaning ascribed to it in NRS 422A.065.
Sec. 3. NRS 422.065 is hereby amended to read as follows:
422.065 1. Notwithstanding any other provision of state or local law, a person or governmental entity that provides a state or local public benefit:
(a) Shall comply with the provisions of 8 U.S.C. § 1621 regarding the eligibility of [an alien] a person who is not a citizen or national of the United States for such a benefit.
(b) Is not required to pay any costs or other expenses relating to the provision of such a benefit after July 1, 1997, to [an alien] a person who is not a citizen or national of the United States who, pursuant to 8 U.S.C. § 1621, is not eligible for the benefit.
2. Compliance with the provisions of 8 U.S.C. § 1621 must not be construed to constitute any form of discrimination, distinction or restriction made, or any other action taken, on the basis of national origin.
3. As used in this section, state or local public benefit has the meaning ascribed to it in 8 U.S.C. § 1621.
Sec. 4. 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,] State Plan for Medicaid, the Childrens Health Insurance Program or any other program for which the Division is responsible must, except as otherwise provided in NRS 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 422.3755 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.
κ2013 Statutes of Nevada, Page 1304 (CHAPTER 284, AB 8)κ
Sec. 5. NRS 422.265 is hereby amended to read as follows:
422.265 If Congress passes any law increasing the participation of the Federal Government in [a Nevada program for public assistance,] any program for which the Division is responsible, whether relating to eligibility for assistance or otherwise:
1. The Director may accept, with the approval of the Governor, the increased benefits of such congressional legislation; and
2. The Administrator may adopt any regulations required by the Federal Government as a condition of acceptance.
Sec. 6. NRS 422.270 is hereby amended to read as follows:
422.270 The Department shall:
1. Administer [all public welfare programs of this State:, including:
(a) State Supplementary Assistance;
(b) Temporary Assistance for Needy Families;
(c) Medicaid;
(d) Food Stamp Assistance;
(e) Low-Income Home Energy Assistance;
(f) The Program for Child Care and Development;
(g) The Program for the Enforcement of Child Support;
(h) The Childrens Health Insurance Program; and
(i) Other welfare activities and services provided for by the laws of this State.] Medicaid and the Childrens Health Insurance Program.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State of Nevada to aid in the furtherance of [any of the services and activities set forth in subsection 1.] Medicaid and the Childrens Health Insurance Program.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of [welfare programs,] Medicaid and the Childrens Health Insurance Program and in increasing the efficiency of [welfare programs] Medicaid and the Childrens Health Insurance Program by prompt and judicious use of new federal grants which will assist the Department in carrying out the provisions of this chapter.
4. Observe and study the changing nature and extent of [welfare] needs for Medicaid and the Childrens Health Insurance Program and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the State General Fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to [public assistance, welfare services] Medicaid and institutional care, when deemed necessary or convenient by the Director.
[6. Make such agreements with the Federal Government as may be necessary to carry out the Supplemental Security Income Program.
7. As used in this section, Program for the Enforcement of Child Support means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any other provisions of that act relating to the enforcement of child support.]
κ2013 Statutes of Nevada, Page 1305 (CHAPTER 284, AB 8)κ
Sec. 7. NRS 422.276 is hereby amended to read as follows:
422.276 1. Subject to the provisions of subsection 2, if an application for [public assistance] Medicaid or the Childrens Health Insurance Program or a claim for [services] benefits from either program is not acted upon by the [Department] Division within a reasonable time after the filing of the application or claim for [services,] benefits, or is denied in whole or in part, or if any [grant of public assistance or] claim for [services] benefits is reduced, suspended or terminated, the applicant [for] or recipient [of public assistance or services] may appeal to the [Department] Division and may be represented in the appeal by counsel or other representative chosen by the applicant or recipient.
2. Upon the initial decision to deny, reduce, suspend or terminate [public assistance or services,] benefits, the [Department] Division shall notify that applicant or recipient of its decision, the regulations involved and the right to request a hearing within a certain period. If a request for a hearing is received within that period, the [Department] Division shall notify that person of the time, place and nature of the hearing. The [Department] Division shall provide an opportunity for a hearing of that appeal and shall review the case regarding all matters alleged in that appeal.
3. The [Department] Division is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this State that requires an automatic adjustment to the [amount of public assistance or services] benefits that may be received by an applicant or recipient.
Sec. 8. NRS 422.277 is hereby amended to read as follows:
422.277 1. At any hearing held pursuant to the provisions of subsection 2 of NRS 422.276, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
2. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
3. The record of a hearing must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Questions and offers of proof and objections, and rulings thereon.
(d) Any decision, opinion or report by the hearing officer presiding at the hearing.
4. Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
5. Findings of fact must be based exclusively on substantial evidence.
6. Any employee or other representative of the [Department] Division who investigated or made the initial decision to deny, modify or cancel [a grant of public assistance or services] benefits provided pursuant to Medicaid or the Childrens Health Insurance Program shall not participate in the making of any decision made pursuant to the hearing.
Sec. 9. NRS 422.2785 is hereby amended to read as follows:
422.2785 1. A decision or order issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail to each party and to the attorney or other representative of each party.
κ2013 Statutes of Nevada, Page 1306 (CHAPTER 284, AB 8)κ
2. The [Department] Division or an applicant for or recipient of [public assistance or services] benefits provided pursuant to Medicaid or the Childrens Health Insurance Program may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which the applicant for or recipient of [public assistance or services] benefits provided pursuant to Medicaid or the Childrens Health Insurance Program resides to review the decision. The district court shall review the decision on the record of the case before the hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the [Department.] Division.
Sec. 10. NRS 422.29301 is hereby amended to read as follows:
422.29301 The Director:
1. Shall administer the provisions of NRS 422.29302 [to 422.29308, inclusive;] , 422.29304 and 422.29306;
2. May adopt such regulations as are necessary for the administration of those provisions; and
3. May invoke any legal, equitable or special procedures for the enforcement of those provisions.
Sec. 11. NRS 422.29304 is hereby amended to read as follows:
422.29304 1. Except as otherwise provided in this section, the Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of [public assistance, the estate of the recipient,] Medicaid the undivided estate of a recipient of Medicaid or a person who signed the application for [public assistance] Medicaid or for admission to a nursing facility on behalf of the recipient an amount not to exceed the amount [of public assistance] incorrectly paid [to] on behalf of the recipient, if the person who signed the application:
(a) Failed to report any required information to the Department or the nursing facility that the person knew at the time the person signed the application;
(b) Refused to provide financial information regarding the recipients income and assets, including, without limitation, information regarding any transfers or assignments of income or assets;
(c) Concealed information regarding the existence, transfer or disposition of the recipients income and assets with the intent of enabling a recipient to meet any eligibility requirement for [public assistance;] Medicaid;
(d) Made any false representation regarding the recipients income and assets, including, without limitation, any information regarding any transfers or assignments of income or assets; or
(e) Failed to report to the Department or the nursing facility within the period allowed by the Department any required information that the person obtained after the person filed the application.
2. Except as otherwise provided in this section, a recipient of [incorrectly paid public assistance,] Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for [public benefits] Medicaid or for admission to a nursing facility on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the amount incorrectly paid [public assistance.] on behalf of the recipient.
3. The Director or a person designated by the Director may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of [public assistance, the estate of the recipient,] Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for [public assistance] Medicaid or for admission to a nursing facility on behalf of the recipient.
κ2013 Statutes of Nevada, Page 1307 (CHAPTER 284, AB 8)κ
settle, adjust, compromise or deny a claim against a recipient of [public assistance, the estate of the recipient,] Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for [public assistance] Medicaid or for admission to a nursing facility on behalf of the recipient.
4. The Director may, to the extent that it is not prohibited by federal law, waive the repayment of [public assistance] amounts incorrectly paid [to a recipient] on behalf of a recipient of Medicaid if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
Sec. 12. NRS 422.410 is hereby amended to read as follows:
422.410 1. Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation, misrepresentation, or concealment, transfer, disposal or assignment of money or property obtains or attempts to obtain monetary or any other public assistance, or money, property, medical or remedial care or any other service provided pursuant to the Childrens Health Insurance Program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter or to enable a person to meet or appear to meet any requirements of eligibility prescribed by state law or by rule or regulation adopted by the Department for a grant or an increase in a grant of any type of public assistance is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. For the purposes of subsection 1, whenever a recipient of Temporary Assistance for Needy Families pursuant to the provisions of [this chapter and] chapter 422A of NRS receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Division of Welfare and Supportive Services of the Department of a change in circumstances which would affect the amount of assistance the recipient receives, a rebuttable presumption arises that the payment was fraudulently received.
3. For the purposes of [subsection 1, public] this section:
(a) Public assistance includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.
(b) Temporary Assistance for Needy Families has the meaning ascribed to it in NRS 422A.080.
Sec. 13. Chapter 422A of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 16.5, inclusive, of this act.
Sec. 14. Health Division means the Health Division of the Department of Health and Human Services.
Sec. 15. Each application for Medicaid must include a statement that:
1. Any assistance paid on behalf of a recipient may be recovered in an action filed against the estate of the recipient or the spouse of the recipient; and
κ2013 Statutes of Nevada, Page 1308 (CHAPTER 284, AB 8)κ
2. Any person who signs an application for Medicaid and fails to report to the Department:
(a) Any required information which the recipient knew at the time the recipient signed the application; or
(b) Within the period allowed by the Department, any required information which the recipient obtained after the recipient filed the application,
Κ may be personally liable for any money incorrectly paid to the recipient.
Sec. 16. 1. Except as otherwise provided in this section, the Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:
(a) Failed to report any required information to the Department that the person knew at the time the person signed the application;
(b) Refused to provide financial information regarding the recipients income and assets, including, without limitation, information regarding any transfers or assignments of income or assets;
(c) Concealed information regarding the existence, transfer or disposition of the recipients income and assets with the intent of enabling a recipient to meet any eligibility requirement for public assistance;
(d) Made any false representation regarding the recipients income and assets, including, without limitation, any information regarding any transfers or assignments of income or assets; or
(e) Failed to report to the Department or the nursing facility within the period allowed by the Department any required information that the person obtained after the person filed the application.
2. Except as otherwise provided in this section, a recipient of incorrectly paid public assistance or a person who signed the application for public benefits on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the incorrectly paid public assistance.
3. The Director or a person designated by the Director may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient or a person who signed the application for public assistance on behalf of the recipient.
4. The Director may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
5. As used in this section, public assistance does not include Medicaid.
Sec. 16.5. 1. If the Division denies an application for the Childrens Health Insurance Program, the Division shall provide written notice of the decision to the applicant. An applicant who disagrees with the denial of the application may request a review of the case and a hearing before an impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.
κ2013 Statutes of Nevada, Page 1309 (CHAPTER 284, AB 8)κ
impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.
2. The Division shall adopt regulations regarding the review and hearing before an impartial hearing officer. The decision of the hearing officer must be in writing.
3. The applicant may, at any time within 30 days after the date on which the written decision is mailed, petition the district court of the judicial district in which the applicant resides to review the decision. The district court shall review the decision on the record. The decision and record must be certified as correct and filed with the court by the Administrator.
4. The review by the court must be in accordance with NRS 422.279.
Sec. 17. NRS 422A.001 is hereby amended to read as follows:
422A.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422A.005 to 422A.080, inclusive, and section 14 of this act have the meanings ascribed to them in those sections.
Sec. 18. NRS 422A.040 is hereby amended to read as follows:
422A.040 [Food Stamp] Supplemental Nutrition Assistance means the program established to provide persons of low income with an opportunity to [obtain] purchase a more nutritious diet [through the issuance of coupons] pursuant to the Food Stamp Act of 1977, 7 U.S.C. §§ 2011 et seq., as amended.
Sec. 19. NRS 422A.065 is hereby amended to read as follows:
422A.065 1. Public assistance includes:
(a) State [Supplemental] Supplementary Assistance;
(b) Temporary Assistance for Needy Families;
(c) Medicaid;
(d) [Food Stamp Assistance;] Supplemental Nutrition Assistance;
(e) Low-Income Home Energy Assistance;
(f) The Program for Child Care and Development;
(g) Benefits provided pursuant to any other public welfare program administered by the Division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter; and
(h) Benefits provided pursuant to any other public welfare program administered by the Division of Health Care Financing and Policy pursuant to chapter 422 of NRS.
2. The term does not include the Childrens Health Insurance Program.
Sec. 20. NRS 422A.085 is hereby amended to read as follows:
422A.085 1. Notwithstanding any other provision of state or local law, a person or governmental entity that provides a state or local public benefit:
(a) Shall comply with the provisions of 8 U.S.C. § 1621 regarding the eligibility of [an alien] a person who is not a citizen or national of the United States for such a benefit.
(b) Is not required to pay any costs or other expenses relating to the provision of such a benefit after July 1, 1997, to [an alien] a person who is not a citizen or national of the United States who, pursuant to 8 U.S.C. § 1621, is not eligible for the benefit.
2. Compliance with the provisions of 8 U.S.C. § 1621 must not be construed to constitute any form of discrimination, distinction or restriction made, or any other action taken, on the basis of national origin.
κ2013 Statutes of Nevada, Page 1310 (CHAPTER 284, AB 8)κ
3. As used in this section, state or local public benefit has the meaning ascribed to it in 8 U.S.C. § 1621.
Sec. 21. NRS 422A.155 is hereby amended to read as follows:
422A.155 1. The Administrator must:
[1.] (a) Be selected on the basis of his or her training, experience, capacity and interest in public welfare services.
[2. Be a graduate from an accredited college or university. In appointing the Administrator, the Director shall, to the extent practicable, give preference to a person who has a degree in a field of social science, public administration, business administration or a related field.
3.] (b) Have not less than 3 years of demonstrated successful experience in the administration of a public agency, with responsibility for general direction of programs of the public agency and determination of policies for the implementation of programs of the public agency, or any equivalent combination of training and experience.
[4.] (c) Possess qualities of leadership.
2. In appointing the Administrator, the Director shall, to the extent practicable, give preference to a person who has a degree in a field of social science, public administration, business administration or a related field.
Sec. 22. NRS 422A.165 is hereby amended to read as follows:
422A.165 The Administrator shall make:
1. Such reports, subject to approval by the Director, as will comply with the requirements of federal legislation and this chapter.
2. [Reports to the Board.
3.] A biennial report to the Director on the condition, operation and functioning of the Division.
Sec. 23. NRS 422A.255 is hereby amended to read as follows:
422A.255 The Department shall:
1. Administer all public welfare programs of this State, including:
(a) State Supplementary Assistance;
(b) Temporary Assistance for Needy Families;
(c) Medicaid;
(d) [Food Stamp] Supplemental Nutrition Assistance;
(e) Low-Income Home Energy Assistance;
(f) The Program for Child Care and Development;
(g) The Program for the Enforcement of Child Support;
(h) The Childrens Health Insurance Program; and
(i) Other welfare activities and services provided for by the laws of this State.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the Department in carrying out the provisions of this chapter.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the State General Fund or money from federal or other sources.
κ2013 Statutes of Nevada, Page 1311 (CHAPTER 284, AB 8)κ
those needs and employ or contract for personnel and services supported by legislative appropriations from the State General Fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the Director.
6. Make such agreements with the Federal Government as may be necessary to carry out the Supplemental Security Income Program.
7. As used in this section, Program for the Enforcement of Child Support means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any other provisions of that act relating to the enforcement of child support.
Sec. 24. NRS 422A.265 is hereby amended to read as follows:
422A.265 1. The Department shall provide public assistance pursuant to:
(a) The program established to provide Temporary Assistance for Needy Families;
(b) Medicaid; or
(c) Any program for which a grant has been provided to this State pursuant to 42 U.S.C. §§ 1397 et seq.,
Κ to a qualified [alien] person who is not a citizen or national of the United States who complies with the requirements established by the Department pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.
2. [As used in this section, qualified alien has the meaning ascribed to it in] A person who is not a citizen or national of the United States is considered qualified for the purposes of subsection 1 if the person meets the requirements of 8 U.S.C. § [1641.] 1641(b).
Sec. 24.5. NRS 422A.360 is hereby amended to read as follows:
422A.360 1. [As a condition to the receipt of public assistance, a] A recipient who has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, must comply with the provisions of NRS 392.040 with respect to that child.
2. If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, the head of the household shall take every reasonable action to ensure that the child is not at risk of failing to advance to the next grade level in school.
3. If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age and:
(a) The head of the household does not comply with the provisions of NRS 392.040 with respect to that child; or
(b) That child is at risk of failing to advance to the next grade level in school,
Κ the Division shall require the head of the household to review with the Division the personal responsibility plan signed by the head of household pursuant to NRS 422A.535 and revise the plan as necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his or her academic performance.
κ2013 Statutes of Nevada, Page 1312 (CHAPTER 284, AB 8)κ
of the household in complying with the provisions of NRS 392.040 and helping the child to improve his or her academic performance.
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:
(a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.
(b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.
(d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.
(e) The cabin or dwelling of a miner or prospector, the miners or prospectors cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtors equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1) Disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
(2) Earnings means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.
κ2013 Statutes of Nevada, Page 1313 (CHAPTER 284, AB 8)κ
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance.
(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.
(n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
(p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtors dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(r) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
κ2013 Statutes of Nevada, Page 1314 (CHAPTER 284, AB 8)κ
purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
(v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(x) Payments received as restitution for a criminal act.
(y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
(z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtors equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.
(aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
(bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
(cc) Regardless of whether a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a contingent interest, if the contingency has not been satisfied or removed;
(2) A distribution interest in the trust as defined in NRS 163.4155 that is a discretionary interest as described in NRS 163.4185, if the interest has not been distributed;
(3) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been exercised;
(4) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547 or any other person regardless of whether the power has been exercised; and
(5) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been exercised.
(dd) If a trust contains a spendthrift provision:
κ2013 Statutes of Nevada, Page 1315 (CHAPTER 284, AB 8)κ
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a mandatory interest as described in NRS 163.4185, if the interest has not been distributed; and
(2) Notwithstanding a beneficiarys right to enforce a support interest, a distribution interest in the trust as defined in NRS 163.4155 that is a support interest as described in NRS 163.4185, if the interest has not been distributed.
(ee) Proceeds received from a private disability insurance plan.
(ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.
(gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.
(hh) Unemployment compensation benefits received pursuant to NRS 612.710.
(ii) Benefits or refunds payable or paid from the Public Employees Retirement System pursuant to NRS 286.670.
(jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.
(kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291 [.] and 422A.325.
(ll) Child welfare assistance provided pursuant to NRS 432.036.
2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.
Sec. 27. NRS 115.090 is hereby amended to read as follows:
115.090 Nothing in this chapter exempts any real or personal property from any statute of this State that authorizes the recovery of money owed to the Department of Health and Human Services as a result of the payment of benefits from Medicaid through the imposition or foreclosure of a lien against the property of a recipient of Medicaid in the manner set forth in NRS 422.29302 [to 422.29308, inclusive.] , 422.29304 and 422.29306.
Sec. 28. NRS 217.180 is hereby amended to read as follows:
217.180 1. Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim, the prior case or social history, if any, of the victim, the need of the victim or the dependents of the victim for financial aid and other relevant matters.
2. If the case involves a victim of domestic violence or sexual assault, the compensation officer shall not consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim.
3. If the applicant has received or is likely to receive an amount on account of the applicants injury or the death of another from:
(a) The person who committed the crime that caused the victims injury or from anyone paying on behalf of the offender;
κ2013 Statutes of Nevada, Page 1316 (CHAPTER 284, AB 8)κ
(b) Insurance;
(c) The employer of the victim; or
(d) Another private or public source or program of assistance,
Κ the applicant shall report the amount received or that the applicant is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Board the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicants total expenses.
4. An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.
5. As used in this section:
(a) Domestic violence means an act described in NRS 33.018.
(b) Public source or program of assistance means:
(1) Public assistance, as defined in NRS [422.050 and] 422A.065;
(2) Social services provided by a social service agency, as defined in NRS 430A.080; or
(3) Other assistance provided by a public entity.
(c) Sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 29. Section 2 of chapter 392, Statutes of Nevada 2011, at page 2470, is hereby amended to read as follows:
Sec. 2. This act becomes effective upon passage and approval . [and expires by limitation on June 30, 2013.]
Sec. 30. NRS 232.354, 422.042, 422.045, 422.048, 422.0525, 422.053, 422.0535, 422.245, 422.2716, 422.29308, 422.3045, 422A.010, 422A.110, 422A.115, 422A.120, 422A.125, 422A.130, 422A.135, 422A.310 and 422A.315 are hereby repealed.
Sec. 31. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1317κ
Assembly Bill No. 10Committee on Judiciary
CHAPTER 285
[Approved: June 1, 2013]
AN ACT relating to gaming; revising provisions relating to the unlawful use or possession of certain devices in a game; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that it is unlawful for a person to use or possess with the intent to use, or to assist another person in using or possessing with the intent to use, certain devices to obtain an advantage at playing any game in a licensed gaming establishment. (NRS 465.075) Section 1 of this bill: (1) adds software or hardware, or any combination thereof, to the list of prohibited devices; (2) provides that the prohibition applies to any game that is offered by a licensee or affiliate; and (3) removes the definition of the term advantage.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 465.075 is hereby amended to read as follows:
465.075 [1.] It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device , or any software or hardware, or any combination thereof, which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment [,] or any game that is offered by a licensee or affiliate, including, without limitation, a device that:
[(a)] 1. Projects the outcome of the game;
[(b)] 2. Keeps track of cards played or cards prepared for play [;
(c)] in the game;
3. Analyzes the probability of the occurrence of an event relating to [a] the game; or
[(d)] 4. Analyzes the strategy for playing or betting to be used in the game,
Κ except as may be made available as part of an approved game or otherwise permitted by the Commission.
[2. As used in this section, advantage means a benefit obtained by one or more participants in a game through information or knowledge that is not made available as part of the game as approved by the Board or Commission.]
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1318κ
Assembly Bill No. 20Committee on Natural Resources, Agriculture, and Mining
CHAPTER 286
[Approved: June 1, 2013]
AN ACT relating to agriculture; deleting provisions which authorize the Director of the State Department of Agriculture to remove certain persons from office with the approval of the State Board of Agriculture; revising the classification and qualifications of certain persons appointed by the Director; expanding the purposes for which expenditures from the Livestock Inspection Account and for the Program for the Control of Pests and Plant Diseases may be made; requiring an inspector of the Department to notify an agricultural enforcement officer of certain findings made by the inspector concerning the actual legal owner of an animal; revising the circumstances under which a person may possess the carcass of a bovine animal; revising provisions governing certain farm products other than livestock, livestock products or poultry; revising the circumstances under which a person must obtain a license to engage in pest control; repealing provisions governing the Agricultural Loan Mediation Program and slaughtering cattle without a formal inspection; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the State Department of Agriculture to appoint certain persons to manage and carry out the activities of the Department. (NRS 561.205, 561.209, 561.214, 561.218, 561.225) Sections 1-5 of this bill revise the qualifications and duties of those persons and the authority of the Director to remove them. Specifically, section 4 provides that the person appointed by the Director to manage the activities of the Department relating to natural resources and land use planning will no longer manage activities relating to the control of wild horses or the control of noxious weeds.
Existing law creates the Livestock Inspection Account and the Program for the Control of Pests and Plant Diseases. (NRS 561.344, 561.375) Sections 6 and 7 of this bill expand the purposes for which money may be expended from the Account or for the Program.
Under existing law, if a person is unable during a brand inspection to establish his or her legal ownership of any animal offered for inspection and the inspector conducting the brand inspection is able to determine the identity of the actual legal owner of the animal, the inspector is required to notify the legal owner in writing of the inspectors findings. (NRS 565.140) Section 8 of this bill removes the requirement to place such notice in writing and requires the inspector to notify an agricultural enforcement officer of his or her findings. Section 8 requires the agricultural enforcement officer who receives the notice to investigate the findings of the inspector and to provide notification of those findings to the legal owner of the animal.
Under existing law, it is unlawful for a person to have in his or her possession all or part of the carcass of any bovine animal unless the person exhibits the hide of the animal, a certificate of inspection or a bill of sale to a certain peace officer authorized by the Department. (NRS 566.025) Section 9 of this bill deletes the requirement that the exhibition be made to such a peace officer and instead requires the exhibition to be made to an inspector or agricultural enforcement officer of the Department.
κ2013 Statutes of Nevada, Page 1319 (CHAPTER 286, AB 20)κ
Existing law requires the Department to adopt regulations pursuant to which a person may obtain certification that he or she is an actual producer of an agricultural product of the soil and authorizes the Department to impose fees for that certification. A person who obtains that certification is exempt from the payment of certain taxes. (NRS 576.128) Section 14 of this bill revises existing law by providing that a person may obtain certification that he or she is an actual producer of farm products including all agricultural, horticultural, viticultural, vegetable products and hay other than any livestock, livestock product or poultry.
Existing law prohibits a person from engaging in pest control in this State or serving as an agent, operator or pilot for that purpose without obtaining a license issued by the Director. (NRS 555.280) Section 21 of this bill expands existing law by prohibiting a person from serving as a primary principal or principal for that purpose without obtaining such a license. Section 17 of this bill defines the term principal as an owner, officer, partner, member or technician of a pest control business who has qualified by examination in one or more categories of pest control. Section 16 of this bill defines the term primary principal as a principal who has been designated by a pest control business as the person responsible for the daily supervision of each category of pest control. Section 19 of this bill revises the definition of pest control by adding certain activities to the definition.
Existing law requires any company or person employing pest control operators, agents or pilots to pay to the Director a fee established by regulation of the State Board of Agriculture. (NRS 555.310) Section 22 of this bill revises that requirement by requiring a company or person to pay the fee if the company or person employs a primary principal or principal. Section 22 deletes the requirement for the payment of the fee for a pilot who is employed by the company or person.
Existing law: (1) requires each applicant for a pest control license to provide proof of insurance in an amount that is not less than $10,000, unless the license authorizes the application of pesticides by aircraft; (2) authorizes the Director to investigate any loss or damage from the application of a pesticide by a licensed pest control operator; and (3) authorizes the Director to revoke, suspend or modify a pest control license if he or she finds that the licensee engaged in the business of pest control without having a licensed applicator or operator in direct on-the-job supervision or the licensee was intentionally guilty of fraud or deception in issuing an inspection report on wood-destroying pests or any other report required by regulation. (NRS 555.330, 555.350) Section 23 of this bill: (1) increases the amount of insurance required for each applicant for a pest control license to an amount which is not less than $50,000; and (2) expands the authority of the Director to conduct an investigation by authorizing him or her to investigate any loss or damage resulting from the application of a pesticide by a primary principal or principal. Section 24 of this bill revises the authority of the Director to revoke, suspend or modify a pest control license by authorizing him or her to revoke, suspend or modify the license if he or she finds that the licensee: (1) engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision; or (2) was intentionally guilty of fraud, falsification or deception in issuing an inspection report on wood-destroying pests or any other report or record required by regulation.
Under existing law, a person who is licensed to engage in pest control is required to ensure that each of the licensees business locations in this State has a primary principal who is licensed in the appropriate categories of pest control. If the licensee ceases to have a primary principal at each of those locations for 30 consecutive calendar days, his or her license is automatically suspended and remains suspended until he or she obtains a primary principal for each of those locations. (NRS 555.3507) Section 25 of this bill deletes the requirement that the licensee retain a primary principal for each of those locations and the accompanying provisions concerning the suspension of the licensee. Instead, section 25 only requires the licensee to ensure that the licensees business has a primary principal who is licensed in the appropriate categories of pest control.
κ2013 Statutes of Nevada, Page 1320 (CHAPTER 286, AB 20)κ
Section 26 of this bill repeals provisions of existing law governing: (1) the establishment and administration of the Agricultural Loan Mediation Program; (2) the retention of hides by persons who slaughter cattle without a formal inspection system; and (3) the conducting of inspections by inspectors of the Department and peace officers. Section 26 also repeals the provisions of NRS 571.035, which impose a special tax upon certain classes of livestock. Sections 10-13 of this bill reenact the provisions relating to the tax without change within chapter 575 of NRS, which governs the collection of taxes related to livestock, thereby expressing the intent of the Legislature to move those provisions to a more appropriate chapter of NRS. The reenactment of those provisions is not intended to be a substantive change to those provisions.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.205 is hereby amended to read as follows:
561.205 The Director shall appoint a person to manage the activities of the Department relating to the protection and promotion of the livestock industry of the State of Nevada. The person is in the unclassified service of the State and must:
1. Be appointed on the basis of merit;
2. Be a graduate of a veterinary school or college approved by the American Veterinary Medical Association; and
3. Have at least 5 years experience in official work for regulating and controlling diseases in livestock.
[Κ The Director may remove the person from office with the approval of the Board.]
Sec. 2. NRS 561.209 is hereby amended to read as follows:
561.209 The Director shall appoint a person to manage the activities of the Department relating to brands and marks and brand inspection in the State of Nevada. The person must be appointed on the basis of merit and is in the unclassified service of the State. [The Director may remove the person from office with the approval of the Board.]
Sec. 3. NRS 561.214 is hereby amended to read as follows:
561.214 The Director shall appoint a person to manage the activities of the Department relating to the protection and promotion of the agricultural industry of the State of Nevada. The person is in the [unclassified] classified service of the State and must [:] be:
1. [Be appointed] Appointed on the basis of merit; and
2. [Be a] A graduate of an accredited college or university with a major in agricultural business or in one of the agricultural sciences . [; and
3. Have at least 5 years experience in official work for regulating agriculture.
Κ The Director may remove the person from office with the approval of the Board.]
Sec. 4. NRS 561.218 is hereby amended to read as follows:
561.218 1. The Director shall appoint a person to manage the activities of the Department relating to natural resources [,] and land use planning . [and the management and control of wild horses, estrays and feral livestock.] The person must be appointed on the basis of merit and is in the unclassified service of the State.
κ2013 Statutes of Nevada, Page 1321 (CHAPTER 286, AB 20)κ
the unclassified service of the State. [The Director may remove the person from office with the approval of the Board.]
2. The person appointed shall:
(a) [Establish and carry out a policy for the management and control of estrays and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.
(b)] Develop cooperative agreements and working relationships with federal and state agencies and local governments for land use planning and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.
[(c) Cooperate with private organizations and governmental agencies to develop procedures and policies for the management and control of wild horses.
(d)] (b) Monitor gatherings of estrays and feral livestock conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors in identifying estrays before they are sold or given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031.
[(e)] (c) Provide the members of the general public with information relating to the activities of the Department and solicit recommendations from the members of the general public and advisory groups concerning those activities.
[(f)] (d) Make assessments of the level of competition between livestock and wildlife for food and water [,] and shall collect data concerning the movement of livestock . [and perform activities necessary to control noxious weeds.]
[(g)] (e) Participate in land use planning relating to the competition for food and water between livestock and wildlife to ensure the maintenance of the habitat of both livestock and wildlife.
[(h)] (f) Present testimony, conduct research and prepare reports for the Governor, the Legislature, the Director and any other person or governmental entity as directed by the Director.
[(i)] (g) Develop and carry out a program to educate the members of the general public concerning the programs administered by the Department, including programs for the management and control of estrays and feral livestock.
[(j)] (h) Make proposals to the Director for the amendment of the regulations adopted by the Board pursuant to NRS 561.105.
[(k)] (i) Perform such other duties as directed by the Director.
3. As used in this section:
(a) Estray has the meaning ascribed to it in NRS 569.0075.
(b) Feral livestock has the meaning ascribed to it in NRS 569.008.
[(c) Wild horse means a horse, mare or colt which is unbranded and unclaimed and lives on public land.]
Sec. 5. NRS 561.225 is hereby amended to read as follows:
561.225 1. The Director shall appoint such technical, clerical and operational staff as the execution of the Directors duties and the operation of the Department may require.
2. The Director may designate such department personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS. [The provisions of this subsection do not authorize any department personnel so designated by the Director to retire from the Public Employees Retirement System before having attained the minimum service retirement age of 60 years.]
κ2013 Statutes of Nevada, Page 1322 (CHAPTER 286, AB 20)κ
department personnel so designated by the Director to retire from the Public Employees Retirement System before having attained the minimum service retirement age of 60 years.]
Sec. 6. NRS 561.344 is hereby amended to read as follows:
561.344 1. The Livestock Inspection Account is hereby created in the State General Fund for the use of the Department.
2. The following special taxes, fees and other money must be deposited in the Livestock Inspection Account:
(a) All special taxes on livestock as provided by law.
(b) Fees and other money collected pursuant to the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays and feral livestock by the Department pursuant to NRS 569.005 to 569.130, inclusive, or proceeds required to be deposited in the Livestock Inspection Account pursuant to a cooperative agreement established pursuant to NRS 569.031.
(e) Fees collected pursuant to the provisions of chapter 573 of NRS.
(f) Fees collected pursuant to the provisions of chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of animals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 571 of NRS.
3. Expenditures from the Livestock Inspection Account must be made only for carrying out the provisions of this chapter and chapters 564, 565, 569, 571, 573 and 576 of NRS.
4. The interest and income earned on the money in the Livestock Inspection Account, after deducting any applicable charges, must be credited to the Account.
Sec. 7. NRS 561.375 is hereby amended to read as follows:
561.375 1. The Program for the Control of Pests and Plant Diseases is hereby established.
2. Money accepted by the Department under the provisions of NRS 555.010 to 555.460, inclusive, from the Federal Government or any federal department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, or a natural person, may be used in the Program for the Control of Pests and Plant Diseases.
3. Expenditures for the Program for the Control of Pests and Plant Diseases may be made only to carry out the provisions of this chapter and [chapter] chapters 552, 554, 555 and 587 of NRS.
Sec. 8. NRS 565.140 is hereby amended to read as follows:
565.140 1. Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any person or persons offering animals for inspection any animals to which such person or persons cannot establish their legal ownership or right of possession and the inspector shall be able to determine by means of the brands or brands and marks on such animal or animals, or upon other reliable evidence, the actual legal owner or owners of such animal or animals, the inspector shall immediately notify [such legal owner or owners in writing] an agricultural enforcement officer of the inspectors findings.
2. The inspector shall include in such notice:
(a) The date and place where such animal or animals were found.
(b) A full description of the same.
κ2013 Statutes of Nevada, Page 1323 (CHAPTER 286, AB 20)κ
(c) The name and address of any person or persons in whose possession they were found.
(d) All other information which may aid the agricultural enforcement officer or the legal owner or owners of such animal or animals in securing the return thereof or compensation therefor, or in any civil suit or criminal prosecution relating thereto.
3. Upon receipt of the notice, the agricultural enforcement officer shall investigate the findings of the inspector and, as soon as practicable, provide notification of those findings to the legal owner or owners of such animal or animals.
4. As used in this section, agricultural enforcement officer has the meaning ascribed to it in regulations adopted by the Department.
Sec. 9. NRS 566.025 is hereby amended to read as follows:
566.025 1. It is unlawful for any person to have in his or her possession all or part of the carcass of any bovine animal unless:
[1.] (a) The animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release; or
[2.] (b) The person exhibits to any [peace officer authorized by the Department under NRS 566.035, or to any] inspector or agricultural enforcement officer of the Department, on demand:
[(a)] (1) The hide of the animal from which the carcass was obtained, with ears and brands attached without disfiguration or alteration;
[(b)] or
(2) A certificate of inspection or release of the carcass, or of the carcass and hide, issued by an inspector of the Department . [; or
(c) A bill of sale, memorandum of sale or other document, signed by the seller or donor of the meat, showing the name and address of the seller or donor.]
2. As used in this section, agricultural enforcement officer has the meaning ascribed to it in regulations adopted by the Department.
Sec. 10. Chapter 575 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon approval of the report of owners of livestock and sheep pursuant to NRS 575.180, the Department shall fix the amount of the annual special tax on each head of the following specified classes of livestock, which, except as otherwise provided in subsection 2, must not exceed the following rates per head for each class:
Class Rate per head
Stock cattle........................................................................................ $0.28
Dairy cattle............................................................................................. .53
Horses...................................................................................................... .75
Mules....................................................................................................... .75
Burros or asses....................................................................................... .75
Hogs and pigs........................................................................................ .07
Goats........................................................................................................ .06
2. The minimum special tax due annually pursuant to this section from each owner of livestock is $5.
κ2013 Statutes of Nevada, Page 1324 (CHAPTER 286, AB 20)κ
3. Upon the receipt of payment of the special tax and the report thereof by the State Controller, the Department shall credit the amount of the tax as paid on its records.
4. The special taxes paid by an owner of livestock, when transmitted to the State Treasurer, must be deposited in the Livestock Inspection Account.
5. As used in this section:
(a) Dairy cattle are bulls, cows and heifers of the dairy breeds that are more than 6 months old.
(b) Stock cattle are:
(1) Steers of any breed and other weaned calves of the beef breeds that are more than 6 months old; and
(2) Bulls, cows and older heifers of the beef breeds.
(c) The classes consisting of horses, mules, and burros and asses exclude animals that are less than 1 year old.
Sec. 11. NRS 575.080 is hereby amended to read as follows:
575.080 As used in NRS 575.080 to 575.230, inclusive, and section 10 of this act, unless the context otherwise requires:
1. Board means the State Board of Agriculture.
2. Department means the State Department of Agriculture.
3. Livestock means the animals subject to the taxes levied pursuant to [NRS 571.035.] section 10 of this act.
4. Sheep means the animals subject to the taxes levied pursuant to NRS 562.170 and 567.110.
5. Tax means any of the taxes levied pursuant to NRS 562.170, 567.110 and [571.035.] section 10 of this act.
Sec. 12. NRS 575.205 is hereby amended to read as follows:
575.205 1. Except as otherwise provided in subsection 2, any person who fails to pay the tax levied by the Department pursuant to [NRS 571.035,] section 10 of this act, within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax that is owed, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date the tax was due until the date of payment.
2. The Department may, for good cause shown, waive or reduce the payment of the interest or penalty, or both, that is required to be paid pursuant to subsection 1. The Department shall, upon the request of any person, disclose:
(a) The name of the person whose interest or penalty was waived or reduced; and
(b) The amount so waived or the amount of the reduction.
3. All taxes levied by the Department on livestock pursuant to [NRS 571.035,] section 10 of this act, and all penalties and interest accrued thereon, constitute a lien upon the livestock until paid.
Sec. 13. NRS 575.210 is hereby amended to read as follows:
575.210 Whenever any taxes, or penalties or interest for delinquencies pursuant to NRS 562.175, 575.130 or 575.205 are paid to the Department, the Department shall record the payment and the date thereof with the name of the person liable therefor, and the amount of taxes, penalties and interest collected pursuant to NRS 562.170, 562.175, 567.110, [571.035,] 575.130 and 575.205, and section 10 of this act, and transmit the revenue thereof to the State Controller for deposit into the appropriate account or fund in the State Treasury.
κ2013 Statutes of Nevada, Page 1325 (CHAPTER 286, AB 20)κ
Sec. 14. NRS 576.128 is hereby amended to read as follows:
576.128 1. The Department shall adopt regulations pursuant to which a person may obtain certification that the person is an actual producer of [an agricultural product of the soil.] farm products other than any livestock, livestock product or poultry. The regulations may include provisions for the certification by reciprocity of a person who holds a similar certification from another jurisdiction where the requirements for that certification are substantially equal to the requirements in this state.
2. The Department may impose fees for the certification of [persons] a person as an actual [producers] producer of [an agricultural product of the soil] farm products specified in subsection 1 and any inspections necessary for that certification. The fees must be set in an amount which approximates the cost to the Department of performing those services and activities.
3. A person who obtains certification pursuant to this section is exempt from any:
(a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175, relating to the issuance of any license to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, [an agricultural product of the soil] farm products specified in subsection 1 for which the person has obtained certification pursuant to this section.
(b) Fee imposed for:
(1) The issuance of a permit pursuant to the provisions of chapter 446 of NRS to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, [an agricultural product of the soil] farm products specified in subsection 1 for which the person has obtained certification pursuant to this section; or
(2) Any inspection conducted pursuant to the provisions of chapter 446 of NRS relating to such a sale or offer to sell.
Sec. 15. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 and 17 of this act.
Sec. 16. Primary principal means a principal who has been designated by a pest control business as the person responsible for the daily supervision of each category of pest control.
Sec. 17. Principal means an owner, officer, partner, member or technician of a pest control business who has qualified by examination in one or more categories of pest control.
Sec. 18. NRS 555.2605 is hereby amended to read as follows:
555.2605 As used in NRS 555.2605 to 555.460, inclusive, and sections 16 and 17 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, and sections 16 and 17 of this act have the meanings ascribed to them in those sections.
Sec. 19. NRS 555.2667 is hereby amended to read as follows:
555.2667 Pest control means publicly holding oneself out as being in the business of detecting, preventing, controlling or exterminating pests or otherwise engaging in, advertising or soliciting for:
1. The use for hire of pesticides or mechanical devices for the extermination, control or prevention of infestations of pests.
2. The inspection for hire of households or other structures and the submission of reports of inspection, estimates or bids, written or oral, for the inspection, extermination, control or prevention of wood-destroying pests.
κ2013 Statutes of Nevada, Page 1326 (CHAPTER 286, AB 20)κ
Sec. 20. NRS 555.277 is hereby amended to read as follows:
555.277 1. The provisions of NRS 555.2605 to 555.460, inclusive, and sections 16 and 17 of this act relating to licenses and requirements for their issuance, except a certificate or permit to use a restricted-use pesticide, do not apply to any farmer-owner of ground equipment applying pesticides for himself, herself or his or her neighbors, if:
(a) The farmer-owner operates farm property and operates and maintains equipment for applying pesticides primarily for his or her own use.
(b) The farmer-owner is not regularly engaged in the business of applying pesticides or performing pest control for hire as [a] an operator, primary principal or principal or as a regular occupation, and the farmer-owner does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or as a pesticide applicator.
(c) The farmer-owner operates his or her equipment for applying pesticides only in the vicinity of the farmer-owners own property and for the accommodation of the farmer-owners neighbors for agricultural purposes only.
2. The provisions of NRS 555.2605 to 555.460, inclusive, and sections 16 and 17 of this act, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to any person using hand-powered equipment, devices or contrivances to apply pesticides to [lawns or to ornamental shrubs and trees] any landscaped area as an incidental part of the persons business of taking care of [lawns and yards] a landscaped area for remuneration, if that person does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or applying pesticides and the cost of applying the pesticides does not exceed 20 percent of the total remuneration received.
Sec. 21. NRS 555.280 is hereby amended to read as follows:
555.280 A person shall not engage in pest control or serve as an agent, operator , [or] pilot , primary principal or principal for that purpose within this State at any time without a license issued by the Director.
Sec. 22. NRS 555.310 is hereby amended to read as follows:
555.310 1. The Director shall collect from each person applying for the examination or reexamination a testing fee established by regulation of the State Board of Agriculture.
2. Upon the successful completion of the testing, the Director shall, before the license is issued, collect from each person applying for a license for pest control an annual fee established by regulation of the State Board of Agriculture. Any company or person employing primary principals, principals, operators [, pilots] or agents shall pay to the Director a fee established by regulation of the Board for each primary principal, principal, operator [, pilot] or agent licensed.
Sec. 23. NRS 555.330 is hereby amended to read as follows:
555.330 1. The Director shall require from each applicant for a pest control license proof of public liability and property damage insurance in an amount of:
(a) Except as otherwise provided in paragraph (b), not less than [$10,000.] $50,000.
(b) If the license would authorize the application of pesticides by aircraft:
κ2013 Statutes of Nevada, Page 1327 (CHAPTER 286, AB 20)κ
(1) Not less than $100,000 for bodily injury to or death of one person in any one accident;
(2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident; and
(3) Not less than $100,000 for each occurrence of damage to property in any one accident.
Κ The Director may accept a liability insurance policy or surety bond in the proper amount.
2. The Director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation is entitled to sue in his or her own name in any court of competent jurisdiction to recover the damages the person sustained by that breach, if each claim is made within 6 months after the alleged injury.
4. The Director on his or her own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he or she deems necessary, any loss or damage resulting from the application of any pesticide by a licensed pest control operator [.] , primary principal or principal. A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the person who filed the complaint.
Sec. 24. NRS 555.350 is hereby amended to read as follows:
555.350 1. The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any license issued under NRS 555.2605 to 555.460, inclusive, and sections 16 and 17 of this act if the Director finds that:
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent business practices in pest control;
(c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;
(d) The licensee has applied known ineffective or improper materials;
(e) The licensee operated faulty or unsafe equipment;
(f) The licensee has made any application in a faulty, careless or negligent manner;
(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, and sections 16 and 17 of this act or regulations adopted pursuant thereto;
(h) The licensee engaged in the business of pest control without having a licensed [applicator or] agent, operator , primary principal or principal in direct on-the-job supervision;
(i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, and sections 16 and 17 of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed ones license to be used by an unlicensed person;
(j) The licensee was intentionally guilty of fraud or deception in the procurement of his or her license;
κ2013 Statutes of Nevada, Page 1328 (CHAPTER 286, AB 20)κ
(k) The licensee was intentionally guilty of fraud , falsification or deception in the issuance of an inspection report on wood-destroying pests or other report or record required by regulation; or
(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving moral turpitude in any court of competent jurisdiction in the United States or any other country.
2. A license is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the license remains suspended until the insurance is re-established.
3. A licensee against whom the Director initiates disciplinary action to revoke, suspend or modify the license of the licensee pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director, submit to the Director a complete set of the licensees fingerprints and written permission authorizing the Director to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
4. A willful failure of a licensee to comply with the requirements of subsection 3 constitutes an additional ground for the revocation, suspension or modification of the license of the licensee pursuant to this section.
5. The Director has additional grounds to revoke, suspend or modify a license pursuant to this section if the report from the Federal Bureau of Investigation indicates that the licensee has been convicted of a felony or crime specified in paragraph (l) of subsection 1.
Sec. 25. NRS 555.3507 is hereby amended to read as follows:
555.3507 [1.] A person licensed to engage in pest control shall ensure that [each of] the licensees business [locations in this State] has a primary principal who is licensed in the appropriate category or categories of pest control.
[2. If a licensee ceases to have a primary principal at each of the licensees business locations in this State for 30 consecutive calendar days, his or her license for pest control is automatically suspended, without action of the Director, and remains suspended until such time as the licensee obtains a primary principal for each business location.
3. As used in this section, primary principal means an owner, officer, partner, member or technician of a pest control business who has qualified by examination in one or more of the categories of pest control and who has been designated by the pest control business as the person responsible for the daily supervision of the category or categories of pest control performed by a business location of the pest control business within this State.]
Sec. 26. NRS 561.247, 566.027, 566.035 and 571.035 are hereby repealed.
Sec. 27. Any person who, before the effective date of this act, has obtained certification that the person is an actual producer of an agricultural product of the soil in accordance with regulations adopted by the State Department of Agriculture pursuant to NRS 576.128 shall, if he or she is otherwise qualified for that certification, be deemed to be certified as an actual producer of farm products other than any livestock, livestock product or poultry in accordance with NRS 576.128, as amended by section 14 of this act.
κ2013 Statutes of Nevada, Page 1329 (CHAPTER 286, AB 20)κ
Sec. 28. 1. Any regulations adopted by the State Department of Agriculture pursuant to NRS 561.247 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this act.
2. Any information or document made confidential by the regulations specified in subsection 1 remains confidential.
3. Any agreement for the resolution of an agricultural debt entered into pursuant to the regulations specified in subsection 1 remains in effect in accordance with the provisions of the agreement.
4. If the State Department of Agriculture receives any fees from a participant in the Agricultural Loan Mediation Program before the effective date of this section, and if any portion of those fees remains unused on that date, the Department shall, as soon as practicable after that date, return the unused portion of those fees to the participant.
Sec. 29. This act becomes effective upon passage and approval.
________
Assembly Bill No. 35Committee on Legislative Operations and Elections
CHAPTER 287
[Approved: June 1, 2013]
AN ACT relating to elections; revising requirements for reporting contributions, expenditures and campaign expenses relating to special elections; revising provisions governing the disposition of unspent contributions; establishing a procedure for a candidate to end his or her campaign; clarifying the existence of certain remedies and penalties relating to campaign finance; making various other changes relating to campaign finance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires candidates and certain other persons, committees and political parties to file reports with the Secretary of State concerning campaign contributions, loans, campaign expenses and expenditures. (NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360, 294A.362) Currently, separate reporting requirements exist for: (1) primary or general elections; and (2) special elections. (NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.360, 294A.362) Section 5 of this bill provides that, if a special election is held on the same day as a primary election or general election, any candidate, person, committee or political party that is otherwise required to file a report relating to the special election must instead comply with the reporting requirements for the primary election or general election, as applicable.
Existing law also establishes separate reporting requirements based on whether a general election occurs before July 1 or on or after July 1. (NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.360) Sections 11, 15, 16, 18-20 and 38 of this bill remove those separate provisions, and sections 11, 15, 18 and 19 also expand the reporting requirements to recall elections.
κ2013 Statutes of Nevada, Page 1330 (CHAPTER 287, AB 35)κ
Existing law requires expenditures made on behalf of a candidate or a group of candidates by a person who is not acting under the direction or control of the candidate or group of candidates, and other expenditures that are made on behalf of the candidate or group of candidates, to be reported to the Secretary of State. (NRS 294A.140, 294A.210) Sections 15 and 19 provide that certain contributions received and expenditures which are made for or against a candidate or a group of candidates must be reported.
A committee for political action that advocates the passage or defeat of a ballot question or a group of questions is required by existing law to report contributions received and expenditures made. (NRS 294A.150, 294A.220) Sections 16 and 20 of this bill make these reporting requirements applicable even if the question or group of questions is removed from the ballot by court order.
Existing law governs the disposition of unspent contributions. (NRS 294A.160) Section 17 of this bill expands the application of those provisions to: (1) a candidate who is removed from the ballot by court order or is otherwise not elected to office; and (2) a public officer who resigns from his or her office, is not a candidate for any other office and has unspent contributions.
Under existing law, a candidate is required to file reports of contributions and expenses even if the candidate withdraws his or her candidacy, receives no contributions, has no expenses, is removed from the ballot by court order or is the subject of a recall petition and the special election is not held. (NRS 294A.350) Section 27 of this bill expands this requirement to include a candidate who: (1) ends his or her campaign without formally withdrawing his or her candidacy; (2) is not opposed in an election; or (3) is defeated in the primary election. Section 27 also prescribes a process by which a candidate under certain circumstances may end his or her campaign.
If a person, committee or entity that is required to file a report or register pursuant to chapter 294A of NRS fails to do so in accordance with the applicable provisions of that chapter, existing law provides that such a person, committee or entity is subject to a civil penalty. (NRS 294A.420) Section 37 of this bill provides that this and any other remedies and penalties provided by chapter 294A of NRS are cumulative and supplement any other legal or equitable remedies and penalties that may exist, including any applicable criminal penalties.
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 293.4687 is hereby amended to read as follows:
293.4687 1. The Secretary of State shall maintain a website on the Internet for public information maintained, collected or compiled by the Secretary of State that relates to elections, which must include, without limitation:
(a) The Voters Bill of Rights required to be posted on the Secretary of States Internet website pursuant to the provisions of NRS 293.2549;
(b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293.388;
(c) A current list of the registered voters in this State that also indicates the petition district in which each registered voter resides;
(d) A map or maps indicating the boundaries of each petition district; and
(e) All reports [on campaign contributions and expenditures] submitted to the Secretary of State pursuant to the provisions of chapter 294A of NRS . [294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 and all reports on contributions received by and expenditures made from a legal defense fund submitted to the Secretary of State pursuant to NRS 294A.286.]
κ2013 Statutes of Nevada, Page 1331 (CHAPTER 287, AB 35)κ
294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 and all reports on contributions received by and expenditures made from a legal defense fund submitted to the Secretary of State pursuant to NRS 294A.286.]
2. The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.
3. If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.
Sec. 2. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. General election includes:
1. A general election, as defined in NRS 293.060; and
2. A general city election, as defined in NRS 293.059.
Sec. 4. Primary election includes:
1. A primary election, as defined in NRS 293.080; and
2. A primary city election, as defined in NRS 293.079.
Sec. 4.5. (Deleted by amendment.)
Sec. 5. If a special election is held on the same day as a primary election or general election, any candidate, person, committee or political party that is otherwise required to file a report with the Secretary of State pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 shall, in lieu of complying with the requirements of those sections relating to a special election, comply with the requirements of those sections relating to the primary election or general election, as applicable, except that:
1. A candidate, person, committee or political party is not required to file a report pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 that was due on or before the date on which the call for the special election was issued; and
2. If the special election is held on the same day as a primary election, the final report for the special election that is required pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 is due on or before the 15th day of the second month after the primary election.
Sec. 6. NRS 294A.002 is hereby amended to read as follows:
294A.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.0025 to 294A.009, inclusive, and sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 294A.0025 is hereby amended to read as follows:
294A.0025 Advocates expressly or expressly advocates means that a communication, taken as a whole, is susceptible to no other reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate or group of candidates or a question or group of questions on the ballot at a primary election, [primary city election,] general election [, general city election] or special election. A communication does not have to include the words vote for, vote against, elect, support or other similar language to be considered a communication that expressly advocates the passage or defeat of a candidate or a question.
κ2013 Statutes of Nevada, Page 1332 (CHAPTER 287, AB 35)κ
other similar language to be considered a communication that expressly advocates the passage or defeat of a candidate or a question.
Sec. 8. NRS 294A.0055 is hereby amended to read as follows:
294A.0055 1. Committee for political action means any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:
(a) Makes or intends to make contributions to candidates or other persons; or
(b) Makes or intends to make expenditures,
Κ designed to affect the outcome of any primary election, [primary city election,] general election, [general city election,] special election or question on the ballot.
2. Committee for political action does not include:
(a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.
(b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.
(c) An individual natural person.
(d) An individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
(e) A labor union.
(f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as [campaign] contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
Sec. 9. NRS 294A.007 is hereby amended to read as follows:
294A.007 1. Contribution means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:
(a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:
(1) Candidate;
(2) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of [the] a candidate or group who makes an expenditure [on behalf of the] for or against a candidate or group which is not solicited or approved by [the] a candidate or group; or
(3) Committee for political action, political party or committee sponsored by a political party which makes an expenditure [on behalf of] for or against a candidate or group of candidates,
Κ without charge to the candidate, person, committee or political party.
(b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
2. As used in this section, volunteer means a person who does not receive compensation of any kind, directly or indirectly, for the services provided to a campaign.
κ2013 Statutes of Nevada, Page 1333 (CHAPTER 287, AB 35)κ
Sec. 10. NRS 294A.100 is hereby amended to read as follows:
294A.100 1. A person shall not make or commit to make a contribution or contributions to a candidate for any office, except a federal office, in an amount which exceeds $5,000 for the primary election , [or primary city election,] regardless of the number of candidates for the office, and $5,000 for the general election , [or general city election,] regardless of the number of candidates for the office, during the period:
(a) Beginning from 30 days before the regular session of the Legislature immediately following the last general election for the office and ending 30 days before the regular session of the Legislature immediately following the next general election for the office, if that office is a state, district, county or township office; or
(b) Beginning from 30 days after the last election for the office and ending 30 days [before] after the next general city election for the office, if that office is a city office.
2. A candidate shall not accept a contribution or commitment to make a contribution made in violation of subsection 1.
3. A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 11. NRS 294A.120 is hereby amended to read as follows:
294A.120 1. Every candidate for [state, district, county or township] office at a primary election or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report:
(a) Each [campaign] contribution in excess of $100 received during the period;
(b) Contributions received during the period from a contributor which cumulatively exceed $100; and
(c) The total of all contributions received during the period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b).
Κ The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.
2. Every candidate for [state, district, county or township] office at a primary election or general election shall, [if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1,] not later than:
(a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;
(b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;
(c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each [campaign] contribution described in subsection 1 received during the period. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373.
κ2013 Statutes of Nevada, Page 1334 (CHAPTER 287, AB 35)κ
made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;
(b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;
(c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each campaign contribution described in subsection 1 received during the period. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
4.] 3. Except as otherwise provided in [subsection 5,] subsections 4 and 5 and section 5 of this act, every candidate for [a district] office at a special election shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the candidates nomination through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each [campaign] contribution described in subsection 1 received during the period. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
5. Every]
4. Except as otherwise provided in subsection 5 and section 5 of this act, every candidate for [state, district, county, municipal or township] office at a special election to determine whether a public officer will be recalled shall [list each of the campaign contributions received on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under an oath to God or penalty of perjury, 30 days after:
κ2013 Statutes of Nevada, Page 1335 (CHAPTER 287, AB 35)κ
(a) The special election,] , not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 12 days before the beginning of early voting by personal appearance for the special election; [or] and
(b) [A] Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each contribution described in subsection 1 received during the period.
5. If a district court determines that [the] a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts [decision.
Κ A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.] order, report each contribution described in subsection 1 received during the period.
6. Except as otherwise provided in NRS 294A.3733, reports of [campaign] contributions must be filed electronically with the Secretary of State.
7. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
8. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.
9. The reports required pursuant to this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
Sec. 12. NRS 294A.125 is hereby amended to read as follows:
294A.125 1. In addition to complying with the requirements set forth in NRS 294A.120 [,] and 294A.200 , [and 294A.360,] a candidate who receives contributions in any year before the year in which the general election [or general city election] in which the candidate intends to seek election to public office is held shall, for:
(a) The year in which the candidate receives contributions in excess of $10,000, list:
(1) Each of the contributions received and the expenditures in excess of $100 made in that year; and
(2) The total of all contributions received and expenditures which are $100 or less.
κ2013 Statutes of Nevada, Page 1336 (CHAPTER 287, AB 35)κ
(b) Each year after the year in which the candidate received contributions in excess of $10,000, until the year of the general election [or general city election] in which the candidate intends to seek election to public office is held, list:
(1) Each of the contributions received and the expenditures in excess of $100 made in that year; and
(2) The total of all contributions received and expenditures which are $100 or less.
2. The reports required by subsection 1 must be submitted on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.
4. Except as otherwise provided in NRS 294A.3733, the report must be filed electronically with the Secretary of State.
5. A report shall be deemed to be filed on the date it was received by the Secretary of State.
Sec. 13. NRS 294A.128 is hereby amended to read as follows:
294A.128 1. In addition to complying with the requirements set forth in NRS 294A.120 [,] and 294A.200 , [and 294A.360,] a candidate who receives a loan which is guaranteed by a third party, forgiveness of a loan previously made to the candidate or a written commitment for a contribution shall, for the period covered by the report filed pursuant to NRS 294A.120 [,] or 294A.200 , [or 294A.360,] report:
(a) If a loan received by the candidate was guaranteed by a third party, the amount of the loan and the name and address of each person who guaranteed the loan;
(b) If a loan received by the candidate was forgiven by the person who made the loan, the amount that was forgiven and the name and address of the person who forgave the loan; and
(c) If the candidate received a written commitment for a contribution, the amount committed to be contributed and the name and address of the person who made the written commitment.
2. The reports required by subsection 1 must be submitted on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. Except as otherwise provided in NRS 294A.3733, the reports required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.]
Sec. 14. NRS 294A.130 is hereby amended to read as follows:
294A.130 1. Every candidate [for state, district, county, city or township office] shall, not later than 1 week after receiving minimum [campaign] contributions of $100, open and maintain a separate account in a financial institution for the deposit of any [campaign] contributions received.
κ2013 Statutes of Nevada, Page 1337 (CHAPTER 287, AB 35)κ
financial institution for the deposit of any [campaign] contributions received. The candidate shall not commingle the money in the account with money collected for other purposes.
2. The candidate may close the separate account if the candidate:
(a) Was a candidate in a special election, after that election;
(b) Lost in the primary election, after the primary election; or
(c) Won the primary election, after the general election,
Κ and as soon as all payments of money committed have been made.
Sec. 15. NRS 294A.140 is hereby amended to read as follows:
294A.140 1. [Every] The provisions of this section apply to:
(a) Every person who is not under the direction or control of a candidate for office , [at a primary election, primary city election, general election or general city election,] of a group of such candidates or of any person involved in the campaign of [that] a candidate or group and who makes an expenditure [on behalf of the] for or against a candidate or group which is not solicited or approved by [the] a candidate or group ; [,] and [every]
(b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $100 or makes an expenditure [on behalf of such] for or against a candidate for office or a group of such candidates .
2. Every person, committee and political party described in subsection 1 shall, not later than January 15 of each year that the provisions of this subsection apply , [to the person, committee or political party,] for the period from January 1 of the previous year through December 31 of the previous year, report each [campaign] contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The provisions of this subsection apply to the person, committee or political party beginning the year of the general election [or general city election] for that office through the year immediately preceding the next general election [or general city election] for that office.
[2.] 3. Every person, committee or political party described in subsection 1 [which makes an expenditure on behalf of the candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1,] shall, not later than:
(a) Twenty-one days before the primary election [or primary city election] for that office, for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]
(b) Four days before the primary election [or primary city election] for that office, for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]
(c) Twenty-one days before the general election [or general city election] for that office, for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and
κ2013 Statutes of Nevada, Page 1338 (CHAPTER 287, AB 35)κ
(d) Four days before the general election [or general city election] for that office, for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]
Κ report each [campaign] contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the current reporting period.
4. Every person, committee or political party described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;
(b) Four days before the primary election or primary city election for that office, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;
(c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5.] 4. Except as otherwise provided in [subsection] subsections 5 and 6 [,] and section 5 of this act, every person, committee or political party described in subsection 1 which makes an expenditure [on behalf of] for or against a candidate for office at a special election or [on behalf of] for or against a group of such candidates shall, not later than:
κ2013 Statutes of Nevada, Page 1339 (CHAPTER 287, AB 35)κ
(a) Seven days before the beginning of early voting by personal appearance for the special election , [for the office for which the candidate or a candidate in the group of candidates seeks election,] for the period from the nomination of the candidate through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each [campaign] contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. Every]
5. Except as otherwise provided in subsection 6 and section 5 of this act, every person, committee or political party described in subsection 1 which makes an expenditure [on behalf of] for or against a candidate for office at a special election to determine whether a public officer will be recalled or [on behalf of] for or against a group of candidates for offices at such special elections shall , not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate a petition to recall is filed pursuant to NRS 306.015 through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b)] 6. If [the special election is not held because] a district court determines that [the] a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an expenditure for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such a special election shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts [decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.]
κ2013 Statutes of Nevada, Page 1340 (CHAPTER 287, AB 35)κ
order, report each contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100.
7. Except as otherwise provided in NRS 294A.3737, the reports of contributions required pursuant to this section must be filed electronically with the Secretary of State.
8. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
9. Every person, committee or political party described in [subsection 1] this section shall file a report required by this section even if the person, committee or political party receives no contributions.
10. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the current reporting period.
11. The reports required pursuant to this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
Sec. 16. NRS 294A.150 is hereby amended to read as follows:
294A.150 1. Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election [, primary city election,] or general election [or general city election] shall, not later than January 15 of each year that the provisions of this subsection apply to the committee for political action, for the period from January 1 of the previous year through December 31 of the previous year, report each [campaign] contribution in excess of $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] The provisions of this subsection apply to the committee for political action:
(a) Each year in which an election [or city election] is held for each question for which the committee for political action advocates passage or defeat; and
(b) The year after the year described in paragraph (a).
2. [If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.]
κ2013 Statutes of Nevada, Page 1341 (CHAPTER 287, AB 35)κ
action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.] A committee for political action described in [this] subsection 1 shall, not later than:
(a) Twenty-one days before the primary election , [or primary city election,] for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]
(b) Four days before the primary election , [or primary city election,] for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]
(c) Twenty-one days before the general election , [or general city election,] for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and
(d) Four days before the general election , [or general city election,] for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]
Κ report each [campaign] contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.
4. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A committee for political action described in this subsection shall, not later than:
(a) Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;
(b) Four days before the primary election or primary city election, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;
κ2013 Statutes of Nevada, Page 1342 (CHAPTER 287, AB 35)κ
(c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5. Except as otherwise provided in subsection 6, every]
3. Except as otherwise provided in section 5 of this act, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the date that the question qualified for the ballot through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each [campaign] contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall report each of the contributions received on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
κ2013 Statutes of Nevada, Page 1343 (CHAPTER 287, AB 35)κ
7.] 4. The provisions of this section apply to a committee for political action even if the question or group of questions on the ballot that the committee for political action advocates the passage or defeat of is removed from the ballot by a court order.
5. Except as otherwise provided in NRS 294A.3737, the reports required pursuant to this section must be filed electronically with the Secretary of State.
[8.] 6. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
[9.] 7. If the committee for political action is advocating passage or defeat of a group of questions, the reports must be itemized by question or petition.
8. The reports required by this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
Sec. 17. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for a candidate to spend money received as a [campaign] contribution for the candidates personal use.
2. Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use [campaign] contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of [campaign] contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.] A candidate or public officer shall not use [campaign] contributions to satisfy a civil or criminal penalty imposed by law.
3. Every candidate for [a state, district, county, city or township] office at a primary [,] election, general [, primary city, general city] election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary [,] election, general [, primary city, general city] election or special election shall dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Use the money in the candidates next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidates next election;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party; or
(3) Any combination of persons or groups set forth in subparagraphs (1) and (2);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
κ2013 Statutes of Nevada, Page 1344 (CHAPTER 287, AB 35)κ
4. Every candidate for [a state, district, county, city or township] office at a primary [,] election, general [, primary city, general city] election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy or an acceptance of candidacy , is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary [,] election, general [, primary city, general city] election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party; or
(3) Any combination of persons or groups set forth in subparagraphs (1) and (2);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
5. Every candidate for [a state, district, county, city or township] office who withdraws after filing a declaration of candidacy or an acceptance of candidacy , is removed from the ballot by court order before the general election or is defeated for that office at a primary [or primary city] election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the election, return any money in excess of $5,000 to the contributor.
6. Except as otherwise provided in [subsection] subsections 7 [,] and 8, every public officer who:
(a) [Holds a state, district, county, city or township office;
(b)] Does not run for reelection to [that] the office which he or she holds and is not a candidate for any other office; and
[(c)] (b) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ shall, not later than the 15th day of the second month after the expiration of the public officers term of office, dispose of those contributions in the manner provided in subsection [3.] 4.
7. A public officer who:
(a) Resigns from his or her office;
(b) Is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ shall, not later than the 15th day of the second month after the effective date of the resignation, dispose of those contributions in the manner provided in subsection 4.
8. A public officer who:
(a) [Holds a state, district, county, city or township office;
(b)] Does not run for reelection to [that] the office which he or she holds and is a candidate for any other office; and
κ2013 Statutes of Nevada, Page 1345 (CHAPTER 287, AB 35)κ
[(c)] (b) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ may use the unspent [campaign] contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 [, 294A.360] and 294A.362 for as long as the public officer is a candidate for any office.
[8.] 9. In addition to the methods for disposing the unspent money set forth in subsections 3, 4, 5 [and 7,] , 7 and 8, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.
[9.] 10. Any contributions received before a candidate for [a state, district, county, city or township] office at a primary [,] election, general [, primary city, general city] election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection [3.] 4.
[10.] 11. The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
[11.] 12. As used in this section, contributions include any interest and other income earned thereon.
Sec. 18. NRS 294A.200 is hereby amended to read as follows:
294A.200 1. Every candidate for [state, district, county or township] office at a primary election or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report:
(a) Each of the campaign expenses in excess of $100 incurred during the period;
(b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 4 of NRS 294A.286 during the period;
(c) The total of all campaign expenses incurred during the period which are $100 or less; and
(d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or subsection 4 of NRS 294A.286 which are $100 or less . [,
Κ on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.]
2. The provisions of subsection 1 apply to the candidate:
(a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and
(b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286.
3. Every candidate for [state, district, county or township] office at a primary election or general election shall, [if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1,] not later than:
(a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;
κ2013 Statutes of Nevada, Page 1346 (CHAPTER 287, AB 35)κ
(b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;
(c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each of the campaign expenses described in subsection 1 incurred during the period . [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
4. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;
(b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;
(c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each of the campaign expenses described in subsection 1 incurred during the period on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
5.] 4. Except as otherwise provided in [subsection 6,] subsections 5 and 6 and section 5 of this act, every candidate for [a district] office at a special election shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the candidates nomination through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each of the campaign expenses described in subsection 1 incurred during the period . [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
κ2013 Statutes of Nevada, Page 1347 (CHAPTER 287, AB 35)κ
6. Every]
5. Except as otherwise provided in subsection 6 and section 5 of this act, every candidate for [state, district, county, municipal or township] office at a special election to determine whether a public officer will be recalled shall [report each of the campaign expenses described in subsection 1 incurred on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under an oath to God or penalty of perjury, 30 days after:
(a) The] , not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 12 days before the beginning of early voting by personal appearance for the special election; [or] and
(b) [If] Thirty days after the special election [is not held because] , for the remaining period through the date of the special election,
Κ report each of the campaign expenses described in subsection 1 incurred during the period.
6. If a district court determines that [the] a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts [decision.
Κ A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.] order, report each of the campaign expenses described in subsection 1 during the period.
7. Except as otherwise provided in NRS 294A.3733, reports of campaign expenses must be filed electronically with the Secretary of State.
8. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
9. The reports required by this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
Sec. 19. NRS 294A.210 is hereby amended to read as follows:
294A.210 1. The provisions of this section apply to:
(a) Every person who is not under the direction or control of a candidate for [an] office , [at a primary election, primary city election, general election or general city election,] of a group of such candidates or of any person involved in the campaign of [that] a candidate or group and who makes an expenditure [on behalf of the] for or against a candidate or group which is not solicited or approved by [the] a candidate or group [, and every] ; and
(b) Every committee for political action, political party or committee sponsored by a political party which receives contributions in excess of $100 or makes an expenditure [on behalf of such] for or against a candidate for office or a group of such candidates .
κ2013 Statutes of Nevada, Page 1348 (CHAPTER 287, AB 35)κ
2. Every person, committee or political party described in subsection 1 shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee or political party, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period [on behalf of the candidate, the group of candidates or a candidate in the group of candidates] in excess of $100 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and expenditures made during the period to one recipient which cumulatively exceed $100. The provisions of this subsection apply to the person, committee or political party beginning the year of the general election [or general city election] for that office through the year immediately preceding the next general election [or general city election] for that office.
[2.] 3. Every person, committee or political party described in subsection 1 [which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1,] shall, not later than:
(a) Twenty-one days before the primary election [or primary city election] for that office, for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]
(b) Four days before the primary election [or primary city election] for that office, for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]
(c) Twenty-one days before the general election [or general city election] for that office, for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and
(d) Four days before the general election [or general city election] for that office, for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]
Κ report each expenditure in excess of $100 made during the period [on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of] and expenditures made during the period to one recipient which cumulatively exceed $100 . [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. Every person, committee or political party described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
κ2013 Statutes of Nevada, Page 1349 (CHAPTER 287, AB 35)κ
behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;
(b) Four days before the primary election or primary city election for that office, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;
(c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.]
4. Except as otherwise provided in [subsection] subsections 5 [,] and 6 and section 5 of this act, every person, committee or political party described in subsection 1 which makes an expenditure [on behalf of] for or against a candidate for office at a special election or [on behalf of] for or against a group of such candidates shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special [election for the office for which the candidate or a candidate in the group of candidates seeks] election, for the period from the nomination of the candidate through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each expenditure in excess of $100 made during the period [on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and expenditures made during the period to one recipient which cumulatively exceed $100.
5. [Every] Except as otherwise provided in subsection 6 and section 5 of this act, every person, committee or political party described in subsection 1 which makes an expenditure [on behalf of] for or against a candidate for office at a special election to determine whether a public officer will be recalled or [on behalf of] for or against a group of such candidates shall [list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury, 30 days after:
κ2013 Statutes of Nevada, Page 1350 (CHAPTER 287, AB 35)κ
recalled or [on behalf of] for or against a group of such candidates shall [list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury, 30 days after:
(a) The] , not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 12 days before the beginning of early voting by personal appearance for the special election; [or] and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each expenditure in excess of $100 made during the period and expenditures made during the period to one recipient which cumulatively exceed $100.
6. If [the special election is not held because] a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an expenditure for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts [decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6.] order, report each expenditure in excess of $100 made during the period and expenditures made during the period to one recipient which cumulatively exceed $100.
7. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
[7.] 8. Except as otherwise provided in NRS 294A.3737, the reports must be filed electronically with the Secretary of State.
[8.] 9. If an expenditure is made [on behalf of] for or against a group of candidates, the reports must be itemized by the candidate.
[9.] 10. A report shall be deemed to be filed on the date that it was received by the Secretary of State. Every person, committee or political party described in subsection 1 shall file a report required by this section even if the person, committee or political party receives no contributions.
11. The reports required pursuant to this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
κ2013 Statutes of Nevada, Page 1351 (CHAPTER 287, AB 35)κ
Sec. 20. NRS 294A.220 is hereby amended to read as follows:
294A.220 1. Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election [, primary city election,] or general election [or general city election] shall, not later than January 15 of each year that the provisions of this subsection apply to the committee for political action, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period [on behalf of] for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and such expenditures made during the period to one recipient that cumulatively exceed $1,000. The provisions of this subsection apply to the committee for political action:
(a) Each year in which an election [or city election] is held for a question for which the committee for political action advocates passage or defeat; and
(b) The year after the year described in paragraph (a).
2. [If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.] A committee for political action described in [this] subsection 1 shall, not later than:
(a) Twenty-one days before the primary election , [or primary city election,] for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]
(b) Four days before the primary election , [or primary city election,] for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]
(c) Twenty-one days before the general election , [or general city election,] for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and
(d) Four days before the general election , [or general city election,] for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]
Κ report each expenditure made during the period [on behalf of] for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury.
κ2013 Statutes of Nevada, Page 1352 (CHAPTER 287, AB 35)κ
penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A committee for political action described in this subsection shall, not later than:
(a) Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;
(b) Four days before the primary election or primary city election, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;
(c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
4. Except as otherwise provided in subsection 5, every] and such expenditures made during the period to one recipient that cumulatively exceed $1,000.
3. Except as otherwise provided in section 5 of this act, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the date the question qualified for the ballot through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
κ2013 Statutes of Nevada, Page 1353 (CHAPTER 287, AB 35)κ
Κ report each expenditure made during the period [on behalf of] for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5. Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and such expenditures made during the period to one recipient that cumulatively exceed $1,000.
[6.] 4. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
[7.] 5. The provisions of this section apply to a committee for political action even if the question or group of questions on the ballot that the committee for political action advocates the passage or defeat of is removed from the ballot by a court order.
6. Except as otherwise provided in NRS 294A.3737, reports required pursuant to this section must be filed electronically with the Secretary of State.
[8.] 7. If an expenditure is made [on behalf of] for or against a group of questions, the reports must be itemized by question or petition.
[9.] 8. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
9. The reports required by this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
Sec. 21. NRS 294A.225 is hereby amended to read as follows:
294A.225 1. A nonprofit corporation shall, before it engages in any of the following activities in this State, submit the names, addresses and telephone numbers of its officers to the Secretary of State:
κ2013 Statutes of Nevada, Page 1354 (CHAPTER 287, AB 35)κ
(a) Soliciting or receiving contributions from any other person, group or entity;
(b) Making contributions to candidates or other persons; or
(c) Making expenditures,
Κ designed to affect the outcome of any primary [,] election, general election or special election or question on the ballot.
2. The Secretary of State shall include on the Secretary of States Internet website the information submitted pursuant to subsection 1.
Sec. 22. NRS 294A.270 is hereby amended to read as follows:
294A.270 1. Except as otherwise provided in [subsection 3,] subsections 3 and 4, each committee for the recall of a public officer shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015, through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each contribution received or made by the committee for the recall of a public officer during the period in excess of $100 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and contributions received from a contributor or made to one recipient which cumulatively exceed $100.
2. If a petition for the [purpose of recalling] recall of a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received by the committee [,] for the recall of a public officer, and each contribution made by the committee for the recall of a public officer in excess of $100 [.] and contributions received from a contributor or made to one recipient which cumulatively exceed $100.
3. If a district court [does not order a special election] determines that the petition for the recall of the public officer [,] is legally insufficient pursuant to subsection 6 of NRS 306.040, the committee for the recall of a public officer shall, not later than 30 days after the district court [determines that an election will not be held,] orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the [court determines that an election will not be held,] district courts order, report each contribution received or made by the committee [, and each contribution made by the committee] for the recall of a public officer in excess of $100 [.] and contributions received from a contributor or made to one recipient which cumulatively exceed $100.
4. If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:
κ2013 Statutes of Nevada, Page 1355 (CHAPTER 287, AB 35)κ
(a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;
(b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and
(c) The 15th day of the second month after the special election, for the remaining period through the date of the special election,
Κ report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.
5. Except as otherwise provided in NRS 294A.3737, each report of contributions must be filed electronically with the Secretary of State.
[5.] 6. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
[6.] 7. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution, whether from or to a natural person, association or corporation, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the current reporting period.
8. The reports required by this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by a representative of the committee for the recall of a public officer under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
Sec. 23. NRS 294A.280 is hereby amended to read as follows:
294A.280 1. Except as otherwise provided in [subsection 3,] subsections 3 and 4, each committee for the recall of a public officer shall, not later than:
(a) Seven days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 12 days before the beginning of early voting by personal appearance for the special election; and
(b) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each expenditure made by the committee for the recall of a public officer during the period in excess of $100 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and expenditures made to one recipient which cumulatively exceed $100.
2. If a petition for the [purpose of recalling] recall of a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee for the recall of a public officer in excess of $100 [.] and expenditures made to one recipient which cumulatively exceed $100.
κ2013 Statutes of Nevada, Page 1356 (CHAPTER 287, AB 35)κ
3. If a district court [does not order a special election] determines that a petition for the recall of the public officer [,] is legally insufficient pursuant to subsection 6 of NRS 306.040, the committee for the recall of a public officer shall, not later than 30 days after the district court [determines that an election will not be held,] orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the [court determines that an election will not be held,] district courts order, report each expenditure made by the committee for the recall of a public officer in excess of $100 [.] and expenditures made to one recipient which cumulatively exceed $100.
4. If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:
(a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;
(b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and
(c) The 15th day of the second month after the special election, for the remaining period through the date of the special election,
Κ report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.
5. Except as otherwise provided in NRS 294A.3737, each report of expenditures must be filed electronically with the Secretary of State.
[5.] 6. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
7. The name and address of the recipient and the date on which the expenditure was made must be included on the report for each expenditure, whether to a natural person, association or corporation.
8. The reports required pursuant to this section must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by a representative of the committee for the recall of a public officer under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
Sec. 24. NRS 294A.286 is hereby amended to read as follows:
294A.286 1. Any candidate or public officer may establish a legal defense fund. A person who administers a legal defense fund shall:
(a) Within 5 days after the creation of the legal defense fund, notify the Secretary of State of the creation of the fund on a form provided by the Secretary of State; and
(b) For the same period covered by the report filed pursuant to NRS 294A.120 [,] or 294A.200 , [or 294A.360,] report any contribution received by or expenditure made from the legal defense fund.
2. The reports required by paragraph (b) of subsection 1 must be submitted on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the administrator of the legal defense fund under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
κ2013 Statutes of Nevada, Page 1357 (CHAPTER 287, AB 35)κ
person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. Except as otherwise provided in NRS 294A.3733, the reports required by paragraph (b) of subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.]
4. Not later than the 15th day of the second month after the conclusion of all civil, criminal or administrative claims or proceedings for which a candidate or public officer established a legal defense fund, the candidate or public officer shall dispose of unspent money through one or any combination of the following methods:
(a) Return the unspent money to contributors; or
(b) Donate the money to any tax-exempt nonprofit entity.
Sec. 25. NRS 294A.325 is hereby amended to read as follows:
294A.325 1. A foreign national shall not, directly or indirectly, make a contribution or a commitment to make a contribution to:
(a) A candidate;
(b) A committee for political action;
(c) A committee for the recall of a public officer;
(d) A person who is not under the direction or control of a candidate, of a group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure that is not solicited or approved by the candidate or group;
(e) A political party or committee sponsored by a political party that makes an expenditure [on behalf of] for or against a candidate or group of candidates;
(f) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts;
(g) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate; or
(h) A nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225.
2. Except as otherwise provided in subsection 3, a candidate, person, group, committee, political party, organization or nonprofit corporation described in subsection 1 shall not knowingly solicit, accept or receive a contribution or a commitment to make a contribution from a foreign national.
3. For the purposes of subsection 2, if a candidate, person, group, committee, political party, organization or nonprofit corporation is aware of facts that would lead a reasonable person to inquire whether the source of a contribution is a foreign national, the candidate, person, group, committee, political party, organization or nonprofit corporation shall be deemed to have not knowingly solicited, accepted or received a contribution in violation of subsection 2 if the candidate, person, group, committee, political party, organization or nonprofit corporation requests and obtains from the source of the contribution a copy of current and valid United States passport papers. This subsection does not apply to any candidate, person, group, committee, political party, organization or nonprofit corporation if the candidate, person, group, committee, political party, organization or nonprofit corporation has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national.
κ2013 Statutes of Nevada, Page 1358 (CHAPTER 287, AB 35)κ
4. If a candidate, person, group, committee, political party, organization or nonprofit corporation discovers that the candidate, person, group, committee, political party, organization or nonprofit corporation received a contribution in violation of this section, the candidate, person, group, committee, political party, organization or nonprofit corporation shall, if at the time of discovery of the violation:
(a) Sufficient money received as contributions is available, return the contribution received in violation of this section not later than 30 days after such discovery.
(b) Except as otherwise provided in paragraph (c), sufficient money received as contributions is not available, return the contribution received in violation of this section as contributions become available for this purpose.
(c) Sufficient money received as contributions is not available and contributions are no longer being solicited or accepted, not be required to return any amount of the contribution received in violation of this section that exceeds the amount of contributions available for this purpose.
5. A violation of any provision of this section is a gross misdemeanor.
6. As used in this section:
(a) Foreign national has the meaning ascribed to it in 2 U.S.C. § 441e.
(b) Knowingly means that a candidate, person, group, committee, political party, organization or nonprofit corporation:
(1) Has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national;
(2) Is aware of facts which would lead a reasonable person to conclude that there is a substantial probability that the source of the contribution solicited, accepted or received is a foreign national; or
(3) Is aware of facts which would lead a reasonable person to inquire whether the source of the contribution solicited, accepted or received is a foreign national, but failed to conduct a reasonable inquiry.
Sec. 26. NRS 294A.347 is hereby amended to read as follows:
294A.347 1. A statement which:
(a) Is published within 60 days before a general election [, general city election] or special election or 30 days before a primary election ; [or primary city election;]
(b) Expressly advocates the election or defeat of a clearly identified candidate for a state or local office; and
(c) Is published by a person who receives compensation from the candidate, an opponent of the candidate or a person, political party or committee for political action,
Κ must contain a disclosure of the fact that the person receives compensation pursuant to paragraph (c) and the name of the person, political party or committee for political action providing that compensation.
2. A statement which:
(a) Is published by a candidate within 60 days before a general election [, general city election] or special election or 30 days before a primary election ; [or primary city election;] and
(b) Contains the name of the candidate,
Κ shall be deemed to comply with the provisions of this section.
3. As used in this section, publish means the act of:
(a) Printing, posting, broadcasting, mailing or otherwise disseminating; or
κ2013 Statutes of Nevada, Page 1359 (CHAPTER 287, AB 35)κ
(b) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated.
Sec. 27. NRS 294A.350 is hereby amended to read as follows:
294A.350 1. [Every] Except as otherwise provided in subsection 2, every candidate for [state, district, county, municipal or township] office shall file the reports [of campaign contributions and expenses] required by NRS 294A.120, 294A.125, 294A.128, 294A.200 and [294A.360 and reports of contributions received by and expenditures made from a legal defense fund required by NRS] 294A.286, even though the candidate:
(a) Withdraws his or her candidacy [;] pursuant to NRS 293.202 or 293C.195;
(b) Ends his or her campaign without withdrawing his or her candidacy pursuant to NRS 293.202 or 293C.195;
(c) Receives no [campaign] contributions;
[(c)] (d) Has no campaign expenses;
[(d)] (e) Is not opposed in the election by another candidate;
(f) Is defeated in the primary election;
(g) Is removed from the ballot by court order; or
[(e)] (h) Is the subject of a petition to recall and the special election is not held.
2. [A] Except as otherwise provided in subsection 3, a candidate [who withdraws his or her candidacy pursuant to NRS 293.202 may file] described in paragraph (a), (b), (f) or (g) of subsection 1 may simultaneously file all the reports [of campaign contributions and expenses] required by NRS 294A.120, 294A.125, 294A.128, 294A.200 and [294A.360 and the report of contributions received by and expenditures made from a legal defense fund required by NRS] 294A.286 [, so long as each report is filed on or before the last day for filing the respective report pursuant to NRS 294A.120, 294A.200 or 294A.360.] that are due after the candidate disposes of any unspent or excess contributions as provided in subsections 4 and 5 of NRS 294A.160, as applicable, if the candidate gives written notice to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions. If the candidate has submitted a withdrawal of candidacy pursuant to NRS 293.202 or 293C.195 to an officer other than the Secretary of State, the candidate must enclose with the notice a copy of the withdrawal of candidacy. A form submitted to the Secretary of State pursuant to this subsection must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. This section does not exempt a person whose name appears on the ballot and who is elected to office from any reporting requirement of this chapter.
Sec. 28. NRS 294A.362 is hereby amended to read as follows:
294A.362 1. In addition to reporting information pursuant to NRS 294A.120, 294A.125, 294A.128 [,] and 294A.200 , [and 294A.360,] each candidate who is required to file a report [of campaign contributions and expenses] pursuant to NRS 294A.120, 294A.125, 294A.128 [,] or 294A.200 [or 294A.360] shall report on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for which money would otherwise have been paid.
κ2013 Statutes of Nevada, Page 1360 (CHAPTER 287, AB 35)κ
Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form:
(a) Each such [campaign] contribution in excess of $100 received during the reporting period;
(b) Each such [campaign] contribution from a contributor received during the reporting period which cumulatively exceeds $100;
(c) Each such campaign expense in excess of $100 incurred during the reporting period;
(d) The total of all such [campaign] contributions received during the reporting period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b); and
(e) The total of all such campaign expenses incurred during the reporting period which are $100 or less.
2. The Secretary of State [and each city clerk] shall not require a candidate to list the [campaign] contributions and campaign expenses described in this section on any form other than the form designed and made available by the Secretary of State pursuant to NRS 294A.373.
3. Except as otherwise provided in NRS 294A.3733, the report required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.125, 294A.128 [,] or 294A.200 . [or 294A.360.]
Sec. 29. NRS 294A.365 is hereby amended to read as follows:
294A.365 1. Each report [of expenditures] required pursuant to NRS 294A.210, 294A.220 and 294A.280 must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report [of expenses] required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each campaign expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.
2. The categories of campaign expense or expenditure for use on the report of campaign expenses or expenditures are:
(a) Office expenses;
(b) Expenses related to volunteers;
(c) Expenses related to travel;
(d) Expenses related to advertising;
(e) Expenses related to paid staff;
(f) Expenses related to consultants;
(g) Expenses related to polling;
(h) Expenses related to special events;
(i) Expenses related to a legal defense fund;
(j) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid;
(k) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250; and
κ2013 Statutes of Nevada, Page 1361 (CHAPTER 287, AB 35)κ
(l) Other miscellaneous expenses.
3. Each report of campaign expenses or expenditures described in subsection 1 must list the disposition of any unspent [campaign] contributions using the categories set forth in subsection 3 of NRS 294A.160 or subsection 4 of NRS 294A.286 [.] , as applicable.
Sec. 30. NRS 294A.370 is hereby amended to read as follows:
294A.370 1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes:
(a) Advertising [on behalf of] for or against any candidate or a group of such candidates;
(b) Political advertising for any person other than a candidate; or
(c) Advertising for the passage or defeat of a question or group of questions on the ballot,
Κ shall, during the period beginning at least 10 days before each primary election [, primary city election,] or general election [or general city election] and ending at least 30 days after the election, make available for inspection information setting forth the cost of all such advertisements accepted and broadcast, disseminated or published. The person or entity shall make the information available at any reasonable time and not later than 3 days after it has received a request for such information.
2. For purposes of this section, the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or the person or group which requested the advertisement, at the principal place of business of the enterprise.
Sec. 31. NRS 294A.373 is hereby amended to read as follows:
294A.373 1. The Secretary of State shall design forms to be used for all reports [of campaign contributions and expenses or expenditures] that are required to be filed pursuant to [NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 and reports of contributions received by and expenditures made from a legal defense fund that are required to be filed pursuant to NRS 294A.286.] this chapter.
2. The forms designed by the Secretary of State pursuant to this section must only request information specifically required by statute.
3. The Secretary of State shall make available to each candidate, person, committee [or] and political party that is required to file a report [described in subsection 1:] pursuant to this chapter:
(a) If the candidate, person, committee or political party has submitted an affidavit to the Secretary of State pursuant to NRS 294A.3733 or 294A.3737, as applicable, a copy of the form; or
(b) If the candidate, person, committee or political party is required to submit the report electronically to the Secretary of State, access through a secure website to the form.
4. If the candidate, person, committee or political party is required to submit electronically a report described in subsection 1, the form must be signed electronically under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
κ2013 Statutes of Nevada, Page 1362 (CHAPTER 287, AB 35)κ
5. The Secretary of State must obtain the advice and consent of the Legislative Commission before making a copy of, or access to, a form designed or revised by the Secretary of State pursuant to this section available to a candidate, person, committee or political party.
Sec. 32. NRS 294A.3733 is hereby amended to read as follows:
294A.3733 1. A candidate who is required to file a report [described in subsection 1 of NRS 294A.373] pursuant to this chapter is not required to file the report electronically if the candidate:
(a) Did not receive or expend money in excess of $10,000 after becoming a candidate pursuant to NRS 294A.005; and
(b) Has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:
(1) The candidate does not own or have the ability to access the technology necessary to file electronically the report ; [described in subsection 1 of NRS 294A.373;] and
(2) The candidate does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the report . [described in subsection 1 of NRS 294A.373.]
2. The affidavit described in subsection 1 must be:
(a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A candidate who signs the affidavit under an oath to God is subject to the same penalties as if the candidate had signed the affidavit under penalty of perjury.
(b) Filed not later than 15 days before the candidate is required to file a report [described in subsection 1 of NRS 294A.373.] pursuant to this chapter.
3. A candidate who is not required to file the report electronically may file the report by transmitting the report by regular mail, certified mail, facsimile machine or personal delivery. A report transmitted pursuant to this subsection shall be deemed to be filed on the date on which it is received by the Secretary of State.
Sec. 33. NRS 294A.3737 is hereby amended to read as follows:
294A.3737 1. A person, committee or political party that is required to file a report [described in subsection 1 of NRS 294A.373] pursuant to this chapter is not required to file the report electronically if the person, committee or political party:
(a) Did not receive or expend money in excess of $10,000 in the previous calendar year; and
(b) Has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:
(1) The person, committee or political party does not own or have the ability to access the technology necessary to file electronically the report ; [described in subsection 1 of NRS 294A.373;] and
(2) The person, committee or political party does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the report . [described in subsection 1 of NRS 294A.373.]
2. The affidavit described in subsection 1 must be:
(a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A person who signs the affidavit under an oath to God is subject to the same penalties as if the person had signed the affidavit under penalty of perjury.
κ2013 Statutes of Nevada, Page 1363 (CHAPTER 287, AB 35)κ
(b) Filed:
(1) At least 15 days before any report [described in subsection 1 of NRS 294A.373] is required to be filed pursuant to this chapter by the person, committee or political party.
(2) Not earlier than January 1 and not later than January 15 of each year, regardless of whether or not the person, committee or political party was required to file any report [described in subsection 1 of NRS 294A.373] pursuant to this chapter in the previous year.
3. A person, committee or political party that has properly filed the affidavit pursuant to this section may file the relevant report with the Secretary of State by transmitting the report by regular mail, certified mail, facsimile machine or personal delivery. A report transmitted pursuant to this subsection shall be deemed to be filed on the date on which it is received by the Secretary of State.
Sec. 34. NRS 294A.390 is hereby amended to read as follows:
294A.390 The officer from whom a candidate or entity requests a form for:
1. A declaration of candidacy;
2. An acceptance of candidacy;
3. The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to NRS 294A.250; or
4. The reporting of the creation of a legal defense fund pursuant to NRS 294A.286,
Κ shall furnish the candidate or entity with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 [,] or 294A.280 [or 294A.360] relating to the making, accepting or reporting of [campaign] contributions, campaign expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287 relating to the accepting or reporting of contributions received by and expenditures made from a legal defense fund and the penalties for a violation of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.
Sec. 35. NRS 294A.400 is hereby amended to read as follows:
294A.400 The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.286 [, 294A.360] and 294A.362, prepare and make available for public inspection a compilation of:
1. The total [campaign] contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates from whom reports of those contributions and campaign expenses are required.
2. The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.
κ2013 Statutes of Nevada, Page 1364 (CHAPTER 287, AB 35)κ
3. The contributions made to a committee for the recall of a public officer in excess of $100.
4. The expenditures exceeding $100 made by a:
(a) Person [on behalf of] for or against a candidate other than the person.
(b) Group of persons advocating the election or defeat of a candidate.
(c) Committee for the recall of a public officer.
5. The contributions in excess of $100 made to:
(a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of [the] a candidate or group who makes an expenditure [on behalf of the] for or against a candidate or group which is not solicited or approved by [the] a candidate or group.
(b) A committee for political action, political party or committee sponsored by a political party which makes an expenditure [on behalf of] for or against a candidate or group of candidates.
6. The total contributions received by and expenditures made from a legal defense fund.
Sec. 36. NRS 294A.410 is hereby amended to read as follows:
294A.410 1. If it appears that the provisions of this chapter have been violated, the Secretary of State may:
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or
(b) Refer the alleged violation to the Attorney General. The Attorney General shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the First Judicial District Court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the Secretary of State, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include:
(a) The full name and address of the person alleging the violation;
(b) A clear and concise statement of facts sufficient to establish that the alleged violation occurred;
(c) Any evidence substantiating the alleged violation;
(d) A certification by the person alleging the violation that the facts alleged in the notice are true to the best knowledge and belief of that person; and
(e) Any other information in support of the alleged violation.
3. As soon as practicable after receiving a notice of an alleged violation pursuant to subsection 2, the Secretary of State shall provide a copy of the notice and any accompanying information to the person, if any, alleged in the notice to have committed the violation. Any response submitted to the notice must be accompanied by a short statement of the grounds, if any, for objecting to the alleged violation and include any evidence substantiating the objection.
4. If the Secretary of State determines, based on a notice of an alleged violation received pursuant to subsection 2, that reasonable suspicion exists that a violation of this chapter has occurred, the Secretary of State may conduct an investigation of the alleged violation.
5. If a notice of an alleged violation is received pursuant to subsection 2 not later than 180 days after the general election [, general city election] or special election for the office or ballot question to which the notice pertains, the Secretary of State, when conducting an investigation of the alleged violation pursuant to subsection 4, may subpoena witnesses and require the production by subpoena of any books, papers, correspondence, memoranda, agreements or other documents or records that the Secretary of State or a designated officer or employee of the Secretary of State determines are relevant or material to the investigation and are in the possession of:
κ2013 Statutes of Nevada, Page 1365 (CHAPTER 287, AB 35)κ
special election for the office or ballot question to which the notice pertains, the Secretary of State, when conducting an investigation of the alleged violation pursuant to subsection 4, may subpoena witnesses and require the production by subpoena of any books, papers, correspondence, memoranda, agreements or other documents or records that the Secretary of State or a designated officer or employee of the Secretary of State determines are relevant or material to the investigation and are in the possession of:
(a) Any person alleged in the notice to have committed the violation; or
(b) If the notice does not include the name of a person alleged to have committed the violation, any person who the Secretary of State or a designated officer or employee of the Secretary of State has reasonable cause to believe produced or disseminated the materials that are the subject of the notice.
6. If a person fails to testify or produce any documents or records in accordance with a subpoena issued pursuant to subsection 5, the Secretary of State or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:
(a) The district court in and for the county where service may be obtained on the person refusing to testify or produce the documents or records, if the person is subject to service of process in this State; or
(b) A court of another state having jurisdiction over the person refusing to testify or produce the documents or records, if the person is not subject to service of process in this State.
Sec. 37. NRS 294A.420 is hereby amended to read as follows:
294A.420 1. If the Secretary of State receives information that a candidate, person, committee or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.250, 294A.270, 294A.280 [,] or 294A.286 [or 294A.360] has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that candidate, person, committee or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.
2. Except as otherwise provided in this section, a candidate, person, committee or entity that violates an applicable provision of this chapter is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorneys fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.
3. If a civil penalty is imposed because a candidate, person, committee or entity has reported its contributions, campaign expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
κ2013 Statutes of Nevada, Page 1366 (CHAPTER 287, AB 35)κ
Κ A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his or her office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.
4. For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
5. The remedies and penalties provided by this chapter are cumulative, do not abrogate and are in addition to any other remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to this chapter or NRS 199.120, 199.145 or 239.330.
Sec. 38. NRS 294A.360 is hereby repealed.
Sec. 39. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 44Committee on Judiciary
CHAPTER 288
[Approved: June 1, 2013]
AN ACT relating to common-interest communities; revising provisions governing the storage of trash and recycling containers in certain planned communities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill restricts the authority of an association of a planned community to regulate the storage of trash and recycling containers on the premises of attached or detached residential units with curbside trash and recycling collection. Under section 1 of this bill, the rules of an association governing the storage of trash and recycling containers must: (1) comply with all applicable codes and regulations; and (2) allow the units owner, or a tenant of the units owner, to store the containers outside any building or garage on the premises of the unit. The rules may: (1) provide that the containers must be stored in the rear or side yard of the unit, if such locations exist, and in such a manner that the containers are screened from view from the street, a sidewalk or any adjacent property; and (2) prescribe the size, location, color and material of any device, structure or item that may be used by a units owner or tenant to screen the view. Finally, section 1 allows an association to adopt rules that reasonably restrict the conditions under which trash and recycling containers are placed for collection, including, without limitation, the area in which the containers may be placed and the length of time for which the containers may be kept in that area.
Section 2 of this bill provides that the restrictions on the authority of an association of a planned community to regulate trash and recycling containers are applicable only to associations containing more than six units.
κ2013 Statutes of Nevada, Page 1367 (CHAPTER 288, AB 44)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 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, an association of a planned community may not regulate or restrict the manner in which containers for the collection of solid waste or recyclable materials are stored on the premises of a residential unit with curbside service.
2. An association of a planned community may adopt rules, in accordance with the procedures set forth in the governing documents, as defined in subsections 1 and 2 of NRS 116.049, or the bylaws of the association, that reasonably restrict the manner in which containers for the collection of solid waste or recyclable materials are stored on the premises of a residential unit with curbside service during the time the containers are not within the collection area, including, without limitation, rules prescribing the location at which the containers are stored during that time. The rules adopted by the association:
(a) Must:
(1) Comply with all applicable codes and regulations; and
(2) Allow the units owner, or a tenant of the units owner, to store containers for the collection of solid waste or recyclable materials outside any building or garage on the premises of the unit during the time the containers are not within the collection area.
(b) May:
(1) Provide that the containers for the collection of solid waste or recyclable materials must be stored in the rear or side yard of the unit, if such locations exist, and in such a manner that the containers are screened from view from the street, a sidewalk or any adjacent property; and
(2) Include, without limitation, rules prescribing the size, location, color and material of any device, structure or item used to screen containers for the collection of solid waste or recyclable materials from view from the street, a sidewalk or any adjacent property and the manner of attachment of the device, structure or item to the structure on the premises where the containers are stored.
3. An association of a planned community may adopt rules that reasonably restrict the conditions under which containers for the collection of solid waste or recyclable materials are placed in the collection area, including, without limitation:
(a) The boundaries of the collection area;
(b) The time at which the containers may be placed in the collection area; and
(c) The length of time for which the containers may be kept in the collection area.
4. As used in this section:
(a) Collection area means the area designated for the collection of the contents of containers for the collection of solid waste or recyclable materials.
κ2013 Statutes of Nevada, Page 1368 (CHAPTER 288, AB 44)κ
(b) Curbside service means the collection of solid waste or recyclable materials on an individual basis for each residential unit by an entity that is authorized to collect solid waste or recyclable materials.
(c) Recyclable material has the meaning ascribed to it in NRS 444A.013.
(d) Residential unit means an attached or detached unit intended or designed to be occupied by one family.
(e) Solid waste has the meaning ascribed to it in NRS 444.490.
Sec. 2. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.
3. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.
________
Assembly Bill No. 64Committee on Judiciary
CHAPTER 289
[Approved: June 1, 2013]
AN ACT relating to criminal justice; revising provisions concerning the delivery of copies of reports of presentence investigations and certain judgments of conviction; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that when a court imposes a sentence of imprisonment in the state prison or revokes a program of probation and orders a sentence of imprisonment to the state prison to be executed, the court is required to cause a copy of any report of a presentence investigation to be delivered to the Director of the Department of Corrections when the judgment of imprisonment is delivered by the sheriff to an authorized person designated by the Director to receive the prisoner from the county where the prisoner is held for commitment. (NRS 176.159, 176.335) Section 1 of this bill revises this requirement and specifies that such a report must be delivered not later than when the judgment of imprisonment is delivered. Section 1 further specifies that, at the courts discretion, the report may also be delivered by electronic transmission or by affording the Department the required electronic access to retrieve the report.
Existing law also provides that when a judgment of imprisonment to be served in the state prison has been pronounced, triplicate certified copies of the judgment of conviction, attested by the clerk under the seal of the court, must be furnished to the officers whose duty it is to execute the judgment. (NRS 176.325) Section 2 of this bill specifies that such certified copies of the judgment of conviction may be in paper or electronic form.
κ2013 Statutes of Nevada, Page 1369 (CHAPTER 289, AB 64)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 176.159 is hereby amended to read as follows:
176.159 1. Except as otherwise provided in subsection 2, when a court imposes a sentence of imprisonment in the state prison or revokes a program of probation and orders a sentence of imprisonment to the state prison to be executed, the court shall cause a copy of the report of the presentence investigation to be delivered to the Director of the Department of Corrections, if such a report was made. The report must be delivered not later than when the judgment of imprisonment is delivered pursuant to NRS 176.335. Delivery of the report may, at the courts discretion, also be accomplished by electronic transmission or by affording the Department of Corrections the required electronic access necessary to retrieve the report.
2. If a presentence investigation and report were not required pursuant to paragraph (b) of subsection 3 of NRS 176.135 or pursuant to subsection 1 of NRS 176.151, the court shall cause a copy of the previous report of the presentence investigation or a copy of the report of the general investigation, as appropriate, to be delivered to the Director of the Department of Corrections in the manner provided pursuant to subsection 1.
Sec. 2. NRS 176.325 is hereby amended to read as follows:
176.325 When a judgment of imprisonment to be served in the state prison has been pronounced, triplicate certified paper or electronic copies of the judgment of conviction, attested by the clerk under the seal of the court, must forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when a judgment of death is rendered.
Sec. 3. NRS 176.335 is hereby amended to read as follows:
176.335 1. If a judgment is for imprisonment in the state prison, the sheriff of the county shall, on receipt of the triplicate certified paper or electronic copies of the judgment of conviction, immediately notify the Director of the Department of Corrections and the Director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such an authorized person presents to the sheriff holding the prisoner an order for the delivery of the prisoner, the sheriff shall deliver to the authorized person two of the certified copies of the judgment of conviction [and a copy of the report of the presentence investigation or general investigation, as appropriate, if required pursuant to NRS 176.159,] and take from the person a receipt for the prisoner, and the sheriff shall make return upon the certified copy of the judgment of conviction, showing the sheriffs proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.
3. The term of imprisonment designated in the judgment of conviction must begin on the date of sentence of the prisoner by the court.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1370κ
Assembly Bill No. 83Assemblywoman Bustamante Adams
CHAPTER 290
[Approved: June 1, 2013]
AN ACT relating to escrow accounts; revising provisions governing certain disbursements of money from escrow accounts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits an escrow agent, title insurer, title agent or escrow officer from disbursing money from an escrow account on the same business day as the money is deposited unless the deposit is made in certain forms of payment which allow for the conversion of the deposit to cash on the same day as the deposit is made, including a certified check which is payable in this State and which is drawn from a financial institution located in this State. (NRS 645A.171, 692A.255) This bill instead requires that, to be eligible for same-day disbursement, deposits made by certified check must be drawn from a financial institution authorized to do business 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. NRS 645A.171 is hereby amended to read as follows:
645A.171 1. An escrow agent shall not disburse money from an escrow account unless deposits which are at least equal in value to the proposed disbursements and which relate directly to the transaction for which the money is to be disbursed have been received.
2. An escrow agent shall not disburse money from an escrow account on the same business day as the money is deposited unless the deposit is made in one of the following forms:
(a) Cash;
(b) Interbank electronic transfer such that the money deposited is available for immediate withdrawal without condition and payable in United States currency;
(c) Negotiable order of withdrawal, money order, cashiers check or certified check [which is payable in this State and] which is drawn from a financial institution [located] authorized to do business in this State;
(d) Any depository check, including any cashiers check or tellers check, that is governed by the Expedited Funds Availability Act, 12 U.S.C. §§ 4001 et seq.; or
(e) Any other form that permits conversion of the deposit to cash on the same day as the deposit is made.
3. An escrow agent who disburses money from an escrow account pursuant to this section on the next business day after the day on which the money is deposited shall comply with all applicable federal laws or regulations with respect to the disbursement of money accorded next-day availability that is deposited in an escrow account.
κ2013 Statutes of Nevada, Page 1371 (CHAPTER 290, AB 83)κ
Sec. 2. NRS 692A.255 is hereby amended to read as follows:
692A.255 1. A title insurer, title agent or escrow officer shall not disburse money from an escrow account unless deposits which are at least equal in value to the proposed disbursements and which relate directly to the transaction for which the money is to be disbursed have been received.
2. A title insurer, title agent or escrow officer shall not disburse money from an escrow account on the same business day as the money is deposited unless the deposit is made in one of the following forms:
(a) Cash;
(b) Interbank electronic transfer such that the money deposited is available for immediate withdrawal without condition and payable in United States currency;
(c) Negotiable order of withdrawal, money order, cashiers check or certified check [which is payable in this State and] which is drawn from a financial institution [located] authorized to do business in this State;
(d) Any depository check, including any cashiers check or tellers check, that is governed by the Expedited Funds Availability Act, 12 U.S.C. §§ 4001 et seq.; or
(e) Any other form that permits conversion of the deposit to cash on the same day as the deposit is made.
3. A title insurer, title agent or escrow officer who disburses money from an escrow account pursuant to this section on the next business day after the day on which the money is deposited shall comply with all applicable federal laws or regulations with respect to the disbursement of money accorded next-day availability that is deposited in an escrow account.
Sec. 3. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 87Assemblymen Daly, Elliot Anderson, Bobzien, Carrillo; Benitez-Thompson, Cohen, Hansen, Hickey, Kirner, Livermore and Sprinkle
Joint Sponsor: Senator Smith
CHAPTER 291
[Approved: June 1, 2013]
AN ACT relating to public schools; requiring consistency in zoning ordinances with respect to certain standards and specifications for the construction or alteration of public schools in certain counties; requiring that such standards and specifications be developed in conjunction with the school district of that county; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 1372 (CHAPTER 291, AB 87)κ
Legislative Counsels Digest:
Existing law provides that in a county whose population is less than 700,000 (currently all counties other than Clark County), certain plans, designs and specifications for the erection of any new school building or for any addition to or alteration of an existing school building must be submitted by the board of trustees of the school district to the building department of the county or other appropriate local government for approval. (NRS 393.110) Section 1.3 of this bill requires that in a county whose population is 100,000 or more but less than 700,000 (currently Washoe County), the standards and specifications for the erection of any new school building or for any addition to or alteration of an existing school building in any ordinance relating to zoning adopted or amended by the governing body of the county and the governing body of any city in the county which address the height of the building, the setback of the building, the landscaping and the amount of parking space must be: (1) consistent in all such ordinances; and (2) developed in conjunction with the school district of that county. Section 3 of this bill requires such ordinances to be adopted on or before February 28, 2014.
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. 1.3. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
In a county whose population is 100,000 or more but less than 700,000, the standards and specifications for the erection of any new school building or for any addition to or alteration of an existing school building in any ordinance relating to zoning adopted or amended by the governing body of the county and the governing body of any city in the county which address the height of the building, the setback of the building, the landscaping and the amount of parking space must be:
1. Consistent in all such ordinances; and
2. Developed in conjunction with the school district of that county.
Sec. 1.7. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. On or before February 28, 2014, in a county whose population is 100,000 or more but less than 700,000, the governing body of the county and the governing body of each city in the county shall each adopt by ordinance standards and specifications for the erection of any new school building or for any addition to or alteration of any existing school building which address the height of the building, the setback of the building, the landscaping and the amount of parking space that:
(a) Are consistent in all such ordinances; and
(b) Have been developed in conjunction with the school district of the county.
2. As used in this section, governing body has the meaning ascribed to it in NRS 278.015.
Sec. 4. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1373κ
Assembly Bill No. 97Assemblymen Aizley; Munford, Neal and Ohrenschall
CHAPTER 292
[Approved: June 1, 2013]
AN ACT relating to crimes; revising provisions relating to the time for filing a count alleging that a person is a habitual criminal, habitual felon or habitually fraudulent felon; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) authorizes a prosecuting attorney to prosecute a person as a habitual criminal, a habitual felon or a habitually fraudulent felon if certain conditions exist; and (2) prescribes the punishment for a habitual criminal, a habitual felon or a habitually fraudulent felon. (NRS 207.010, 207.012, 207.014) Under existing law, a prosecuting attorney may: (1) include in the information charging the primary offense a count alleging that a person is a habitual criminal, a habitual felon or a habitually fraudulent felon; or (2) file such a count after the persons conviction for the primary offense but, in such a case, the sentence must not be imposed or a certain hearing held until 15 days after the filing. (NRS 207.016) This bill requires a count alleging that a person is a habitual criminal, a habitual felon or a habitually fraudulent felon to be filed not less than 2 days before the trial on the primary offense, unless an agreement of the parties provides otherwise or for good cause shown the court extends such time. This bill also authorizes the prosecution to supplement or amend such a count at any time before sentence is imposed, but, if such a supplement or amendment is filed, the sentence must not be imposed or a certain hearing must not occur until 15 days after the filing.
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 207.016 is hereby amended to read as follows:
207.016 1. A conviction pursuant to NRS 207.010, 207.012 or 207.014 operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
2. If a count pursuant to NRS 207.010, 207.012 or 207.014 is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count pursuant to NRS 207.010, 207.012 or 207.014 may be [separately] filed [after conviction of] separately from the indictment or information charging the primary offense, but if it is so filed, the count pursuant to NRS 207.010, 207.012 or 207.014 must be filed not less than 2 days before the start of the trial on the primary offense, unless an agreement of the parties provides otherwise or the court for good cause shown makes an order extending the time. For good cause shown, the prosecution may supplement or amend a count pursuant to NRS 207.010, 207.012 or 207.014 at any time before the sentence is imposed, but if such a supplement or amendment is filed, the sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.
κ2013 Statutes of Nevada, Page 1374 (CHAPTER 292, AB 97)κ
filed, the sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.
3. If a defendant charged pursuant to NRS 207.010, 207.012 or 207.014 pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, the primary offense but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:
(a) Pursuant to NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;
(b) Pursuant to NRS 207.012 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or
(c) Pursuant to NRS 207.014 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.
4. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
5. For the purposes of NRS 207.010, 207.012 and 207.014, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
6. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 prohibits a court from imposing an adjudication of habitual criminality, adjudication of habitual felon or adjudication of habitually fraudulent felon based upon [a stipulation] an agreement of the parties.
________
Assembly Bill No. 99Assemblymen Ohrenschall; and Horne
Joint Sponsors: Senators Segerblom, Roberson, Brower; and Settelmeyer
CHAPTER 293
[Approved: June 1, 2013]
AN ACT relating to notarial acts; revising certain provisions of the Uniform Law on Notarial Acts; revising certain provisions governing notaries public; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law contains the Uniform Law on Notarial Acts, which provides the manner in which notarial acts must be performed. (NRS 240.161-240.169) Existing law also allows the Secretary of State to appoint electronic notaries public and provides for the performance of notarial acts on electronic records by electronic notaries public. (NRS 240.181-240.206) Under existing law, to become an electronic notary public, a person must already be a notarial officer in Nevada and must successfully complete a course of study on electronic notarization, enter into a bond, pay an application fee and take an oath. (NRS 240.192)
κ2013 Statutes of Nevada, Page 1375 (CHAPTER 293, AB 99)κ
This bill revises various provisions of the Uniform Law on Notarial Acts and maintains existing law relating to the performance of notarial acts on electronic records by electronic notaries public. Sections 10 and 33 of this bill prohibit a notarial officer from performing a notarial act with respect to a record to which the officer or the officers spouse or domestic partner is a party or in which either of them has a direct beneficial interest.
Under existing law, a notary public is required to maintain a journal in which he or she records certain information concerning each notarial act he or she performs. A notary public is required to have a person whose signature he or she notarizes sign the journal unless the notary public has performed a notarial act for the person within the previous 6 months and has personal knowledge of the identity of the person. (NRS 240.120) Section 34 of this bill adds the further conditions that the person must also be an employer or coworker of the notary public and that the notarial act must relate to a transaction performed in the ordinary course of the persons business.
Section 13 of this bill establishes a standard for determining whether a notarial officer has personal knowledge of the identity of a person appearing before the notarial officer. Section 35.3 of this bill specifically authorizes a notarial act to be performed in this State by a person authorized to perform that specific notarial act by the law of a federally recognized Indian tribe or nation. Section 35.5 of this bill revises provisions governing notarial acts performed within the jurisdiction of a foreign nation or a multinational or international organization.
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 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 28, inclusive, of this act.
Sec. 1.5. Domestic partners has the meaning ascribed to it in NRS 122A.030.
Sec. 2. Notary public means a person appointed to perform a notarial act by the Secretary of State pursuant to NRS 240.010.
Sec. 3. (Deleted by amendment.)
Sec. 4. Person means a natural person.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. 1. A notarial officer may perform a notarial act authorized by NRS 240.001 to 240.169, inclusive, and sections 1.5 to 28, inclusive, of this act or by law of this State other than NRS 240.001 to 240.169, inclusive, and sections 1.5 to 28, inclusive, of this act.
2. A notarial officer other than a notary public may not perform a notarial act with respect to a document to which the officer or the officers spouse or domestic partner is a party, or in which either of them has a direct beneficial interest. A notary public may not perform a notarial act if the notarial act is prohibited by NRS 240.001 to 240.169, inclusive, and sections 1.5 to 28, inclusive, of this act. A notarial act performed in violation of this subsection is voidable.
Secs. 11 and 12. (Deleted by amendment.)
Sec. 13. For the purposes of NRS 240.001 to 240.169, inclusive, and sections 1.5 to 28, inclusive, of this act, a notarial officer has personal knowledge of the identity of a person appearing before the officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed.
κ2013 Statutes of Nevada, Page 1376 (CHAPTER 293, AB 99)κ
knowledge of the identity of a person appearing before the officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed.
Secs. 14-28. (Deleted by amendment.)
Sec. 29. NRS 240.001 is hereby amended to read as follows:
240.001 As used in NRS 240.001 to 240.206, inclusive, and sections 1.5 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.0055, inclusive, and sections 1.5, 2, 4 and 7 of this act have the meanings ascribed to them in those sections.
Secs. 30, 31 and 32. (Deleted by amendment.)
Sec. 33. NRS 240.065 is hereby amended to read as follows:
240.065 1. A notary public may not perform a notarial act if:
(a) The notary public executed or is named in the instrument acknowledged , [or] sworn to [;] or witnessed or attested;
(b) Except as otherwise provided in subsection 2, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; [or]
(c) The notary public and the person whose signature is to be acknowledged , [or] sworn to or witnessed or attested are domestic partners; or
(d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity.
2. A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.
3. As used in this section, relative includes, without limitation:
(a) A spouse [,] or domestic partner, parent, grandparent or stepparent;
(b) A natural born child, stepchild or adopted child;
(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;
(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and
(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public.
Sec. 34. NRS 240.120 is hereby amended to read as follows:
240.120 1. Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the document;
(c) The date on which the notary public performed the [service;] act;
(d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;
κ2013 Statutes of Nevada, Page 1377 (CHAPTER 293, AB 99)κ
(e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;
(f) An indication of whether the notary public administered an oath; and
(g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.
2. A notary public may make one entry in the journal which documents more than one notarial act if the notarial acts documented are performed:
(a) For the same person and at the same time; and
(b) On one document or on similar documents.
3. When [taking an acknowledgment] performing a notarial act for a person, a notary public need not require the person to sign the journal if [the] :
(a) The notary public has performed a notarial act for the person within the previous 6 months [and the] ;
(b) The notary public has personal knowledge of the identity of the person [.] ; and
(c) The person is an employer or coworker of the notary public and the notarial act relates to a transaction performed in the ordinary course of the persons business.
4. If, pursuant to subsection 3, a notary public does not require a person to sign the journal, the notary public shall enter known personally as the description required to be entered into the journal pursuant to paragraph (e) of subsection 1.
5. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
6. The journal must:
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
7. A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his or her journal.
8. A notary public shall keep his or her journal in a secure location during any period in which the notary public is not making an entry or notation in the journal pursuant to this section.
9. A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public.
10. A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if the journal of the notary public is lost or stolen.
11. The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) , [or] (d) or (e) of subsection 1 of NRS 240.1635.
Sec. 35. (Deleted by amendment.)
Sec. 35.3. NRS 240.1635 is hereby amended to read as follows:
240.1635 1. A notarial act may be performed within this State by the following persons:
(a) A notary public of this State;
(b) A judge, clerk or deputy clerk of any court of this State;
κ2013 Statutes of Nevada, Page 1378 (CHAPTER 293, AB 99)κ
(c) A justice of the peace; [or]
(d) Any other person authorized to perform the specific act by the law of this State [.] ; or
(e) A person authorized to perform the specific act by the law of a federally recognized Indian tribe or nation.
2. Notarial acts performed within this State under federal authority as provided in NRS 240.1645 have the same effect as if performed by a notarial officer of this State.
3. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
Sec. 35.5. NRS 240.165 is hereby amended to read as follows:
240.165 1. A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by the following persons:
(a) A notary public;
(b) A judge, clerk or deputy clerk of a court of record; [or]
(c) A person authorized by the law of that jurisdiction to perform notarial acts [.] ;
(d) A person authorized by federal law to perform notarial acts; or
(e) A person authorized by the law of a federally recognized Indian tribe or nation to perform notarial acts.
2. A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes a matter relating to the authenticity or validity of the notarial act set forth in the certificate.
3. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
4. An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
5. If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
Sec. 35.7. NRS 240.1655 is hereby amended to read as follows:
240.1655 1. A notarial act must be evidenced by a certificate that:
(a) Identifies the county, including, without limitation, Carson City, in this State in which the notarial act was performed in substantially the following form:
State of Nevada
County of .......................................
(b) Except as otherwise provided in this paragraph, includes the name of the person whose signature is being notarized. If the certificate is for certifying a copy of a document, the certificate must include the name of the person presenting the document.
κ2013 Statutes of Nevada, Page 1379 (CHAPTER 293, AB 99)κ
person presenting the document. If the certificate is for the jurat of a subscribing witness, the certificate must include the name of the subscribing witness.
(c) Is signed and dated in ink by the notarial officer performing the notarial act. The certificate must be signed in the same manner as the signature of the notarial officer that is on file with the Secretary of State.
(d) If the notarial officer performing the notarial act is a notary public, includes the statement imprinted with the stamp of the notary public, as described in NRS 240.040.
(e) If the notarial officer performing the notarial act is not a notary public, includes the title of the office of the notarial officer and may include the official stamp or seal of that office. If the officer is a commissioned officer on active duty in the military service of the United States, the certificate must also include the officers rank.
2. [A] Except as otherwise provided in subsection 8, a notarial officer shall:
(a) In taking an acknowledgment, determine, from personal knowledge or satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the document. The person who signed the document shall present the document to the notarial officer in person.
(b) In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation.
(c) In certifying a copy of a document, photocopy the entire document and certify that the photocopy is a true and correct copy of the document that was presented to the notarial officer.
(d) In making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505.
(e) In executing a jurat, administer an oath or affirmation to the affiant and determine, from personal knowledge or satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer. The notarial officer shall administer the oath or affirmation required pursuant to this paragraph in substantially the following form:
Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?
3. A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and it:
(a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive;
(b) Is in a form otherwise prescribed by the law of this State;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
4. For the purposes of paragraphs (a), (b) and (e) of subsection 2, a notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible witness [;] who personally appears before the notarial officer;
κ2013 Statutes of Nevada, Page 1380 (CHAPTER 293, AB 99)κ
(c) Is identified on the basis of an identifying document which contains a signature and a photograph;
(d) Is identified on the basis of a consular identification card;
(e) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or
(f) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.
5. An oath or affirmation administered pursuant to paragraph (b) of subsection 4 must be in substantially the following form:
Do you (solemnly swear, or affirm) that you personally know (name of person who signed the document) , (so help you God)?
6. A notarial officer shall not affix his or her signature over printed material.
7. By executing a certificate of a notarial act, the notarial officer certifies that the notarial officer has complied with all the requirements of this section.
8. If a person is physically unable to sign a document that is presented to a notarial officer pursuant to this section, the person may direct a person other than the notarial officer to sign the persons name on the document. The notarial officer shall insert Signature affixed by (insert name of other person) at the direction of (insert name of person) or words of similar import.
9. As used in this section, unless the context otherwise requires, consular identification card means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.
Secs. 36-47. (Deleted by amendment.)
Sec. 48. The amendatory provisions of this act apply to a notarial act performed on or after January 1, 2014.
Sec. 49. This act becomes effective on January 1, 2014.
________
κ2013 Statutes of Nevada, Page 1381κ
Assembly Bill No. 116Assemblymen Benitez-Thompson; and Elliot Anderson
CHAPTER 294
[Approved: June 1, 2013]
AN ACT relating to crimes; revising certain provisions concerning accessories to certain crimes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that anyone who is not the husband or wife, brother or sister, parent or grandparent, child or grandchild of an offender and who harbors, conceals or aids the offender after the commission of a crime is an accessory to the crime. (NRS 195.030) Section 1 of this bill removes every person other than the spouse or domestic partner from that exception if the crime is a felony. Section 1 also revises the acts which constitute being an accessory to a felony after the commission of the felony by specifically stating that a person acts as an accessory to a felony if he or she destroys or conceals, or aids in the destruction or concealment of, material evidence, or harbors or conceals the offender.
Existing law provides that an accessory to a felony is guilty of a category C felony. (NRS 195.040) Section 2 of this bill revises this penalty to provide that a person who harbors, conceals or aids the offender after the commission of a felony and who is the brother or sister, parent or grandparent, child or grandchild of the offender is guilty of a gross misdemeanor.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 195.030 is hereby amended to read as follows:
195.030 1. Every person who is not [standing in the relation of husband or wife, brother or sister, parent or grandparent, child or grandchild,] the spouse or domestic partner [to] of the offender [,] and who [:
1. After] , after the commission of a felony , destroys or conceals, or aids in the destruction or concealment of, material evidence, or harbors [,] or conceals [or aids] such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony.
2. [After] Every person who is not the spouse, domestic partner, brother or sister, parent or grandparent, child or grandchild of the offender, who, after the commission of a gross misdemeanor , harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.
3. As used in this section, domestic partner means a person who is in a domestic partnership that is registered pursuant to chapter 122A of NRS, and that has not been terminated pursuant to that chapter.
κ2013 Statutes of Nevada, Page 1382 (CHAPTER 294, AB 116)κ
Sec. 2. NRS 195.040 is hereby amended to read as follows:
195.040 1. An accessory to a felony may be indicted, tried and convicted either in the county where he or she became an accessory, or where the principal felony was committed, whether the principal offender has or has not been convicted, or is or is not amenable to justice, or has been pardoned or otherwise discharged after conviction. Except as otherwise provided in this subsection and except where a different punishment is specially provided by law, the accessory is guilty of a category C felony and shall be punished as provided in NRS 193.130. An accessory to a felony who is the brother or sister, parent or grandparent, child or grandchild of the principal offender and who is an accessory to a felony pursuant to subsection 1 of NRS 195.030 is guilty of a gross misdemeanor.
2. An accessory to a gross misdemeanor may be indicted, tried and convicted in the manner provided for an accessory to a felony and, except where a different punishment is specially provided by law, shall be punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.
________
Assembly Bill No. 156Assemblyman Ohrenschall
Joint Sponsor: Senator Segerblom
CHAPTER 295
[Approved: June 1, 2013]
AN ACT relating to records; revising provisions governing the sealing of certain records; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a person to petition the court in which the person was convicted for the sealing of all records relating to certain convictions. (NRS 179.245) Section 1 of this bill prohibits a person from petitioning the court to seal records relating to certain offenses related to driving, operating or controlling a vehicle or vessel while under the influence of intoxicating liquor or a controlled substance.
Existing law authorizes a person arrested for alleged criminal conduct to petition for the sealing of all records relating to the arrest if the charges were dismissed or the person was acquitted of the charges. (NRS 179.255) Section 2 of this bill authorizes such a person to petition for the sealing of all records relating to an arrest if the prosecuting attorney declines to prosecute the charges.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
κ2013 Statutes of Nevada, Page 1383 (CHAPTER 295, AB 156)κ
(a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by current, verified records of the petitioners criminal history received from:
(1) The Central Repository for Nevada Records of Criminal History; and
(2) The local law enforcement agency of the city or county in which the conviction was entered;
(b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.
3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting attorney for the city.
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information, sheriffs offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
κ2013 Statutes of Nevada, Page 1384 (CHAPTER 295, AB 156)κ
5. A person may not petition the court to seal records relating to a conviction of [a] :
(a) A crime against a child [or a] ;
(b) A sexual offense [.] ;
(c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(d) A violation of NRS 484C.430;
(e) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
(f) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
(g) A violation of NRS 488.420 or 488.425.
6. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
7. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Sexual offense means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(13) Lewdness with a child pursuant to NRS 201.230.
(14) Sexual penetration of a dead human body pursuant to NRS 201.450.
κ2013 Statutes of Nevada, Page 1385 (CHAPTER 295, AB 156)κ
(15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
(16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.
Sec. 2. NRS 179.255 is hereby amended to read as follows:
179.255 1. If a person has been arrested for alleged criminal conduct and the charges are dismissed , the prosecuting attorney having jurisdiction declined prosecution of the charges or such person is acquitted of the charges, the person may petition:
(a) The court in which the charges were dismissed, at any time after the date the charges were dismissed; [or]
(b) The court having jurisdiction in which the charges were declined for prosecution:
(1) Any time after the applicable statute of limitations has run;
(2) Any time 10 years after the arrest; or
(3) Pursuant to a stipulation between the parties; or
(c) The court in which the acquittal was entered, at any time after the date of the acquittal,
Κ for the sealing of all records relating to the arrest and the proceedings leading to the dismissal , declination or acquittal.
2. If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.
3. A petition filed pursuant to subsection 1 or 2 must:
(a) Be accompanied by a current, verified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court;
(b) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal , declination or acquittal and to whom the order to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.
4. Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(a) If the charges were dismissed , declined for prosecution or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county; or
(b) If the charges were dismissed , declined for prosecution or the acquittal was entered in a municipal court, the prosecuting attorney for the city.
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
5. Upon receiving a petition pursuant to subsection 2, the court shall notify:
(a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county; or
(b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.
κ2013 Statutes of Nevada, Page 1386 (CHAPTER 295, AB 156)κ
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
6. If, after the hearing on a petition submitted pursuant to subsection 1, the court finds that there has been an acquittal , that the prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal , declination or dismissal which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.
7. If, after the hearing on a petition submitted pursuant to subsection 2, the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.
8. If the prosecuting attorney having jurisdiction previously declined prosecution of the charges and the records of the arrest have been sealed pursuant to subsection 6, the prosecuting attorney may subsequently file the charges at any time before the running of the statute of limitations for those charges. If such charges are filed with the court, the court shall order the inspection of the records without the prosecuting attorney having to petition the court pursuant to NRS 179.295.
Sec. 3. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records that are sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section , subsection 8 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.
2. If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
4. This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 for a conviction of another offense.
Sec. 4. This act becomes effective on January 1, 2014.
________
κ2013 Statutes of Nevada, Page 1387κ
Assembly Bill No. 172Assemblymen Horne, Kirkpatrick, Bobzien, Benitez-Thompson, Hickey; and Bustamante Adams
CHAPTER 296
[Approved: June 1, 2013]
AN ACT relating to public works; revising provisions relating to preferences in bidding for contracts for certain public works projects; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that a contractor, applicant to serve as a construction manager at risk or design-build team that wishes to receive a preference in bidding for a contract for a public work submit an affidavit to the public body sponsoring or financing the public work certifying that: (1) at least 50 percent of all workers employed on the public work will hold a valid Nevada drivers license or identification card; (2) all vehicles used primarily for the public work will be either registered in this State or partially apportioned to this State; (3) at least 50 percent of all design professionals working on the public work will hold a valid Nevada drivers license or identification card; (4) 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 (5) certain records will be maintained and made available for inspection within this State. (NRS 338.0117) Section 1 of this bill revises the requirements for such a preference in bidding by: (1) limiting the requirement for design professionals to design-build teams; and (2) eliminating the requirement that a percentage of suppliers of the materials used for the public work be located in this State. Section 1 clarifies that the drivers licenses and identification cards used to satisfy the statutory requirements must be issued by the Department of Motor Vehicles of the State of Nevada. Section 1 requires a contractor to meet those requirements only if the contractor was awarded the contract for a public work as a result of the preference in bidding. Sections 1, 5 and 7 of this bill restrict who can file a written objection alleging a violation of those requirements to only persons who submitted a bid on the public work or entities.
Existing law prohibits a contractor from being qualified to bid on certain state and local public works if the contractor has failed to comply with certain requirements within the preceding year for a contract for a public work that cost more than $25,000,000 and prohibits a contractor who has failed to comply with certain requirements for a contract for a public work which exceeds $5,000,000 from receiving a preference in bidding for public works for 5 years. (NRS 338.1379, 338.1382, 338.1389, 338.1415, 338.147, 408.333) Sections 3-8 of this bill instead condition those prohibitions on a material breach of a contract for a public work which exceeds $25,000,000 or $5,000,000, as applicable.
Section 9 of this bill provides that the revised requirements for a preference in bidding on a contract for a public work apply to any public work that is first advertised for bid after July 1, 2013. Section 9 also declares that any contract for such a public work that fails to comply with this bill is void.
κ2013 Statutes of Nevada, Page 1388 (CHAPTER 296, AB 172)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 338.0117 is hereby amended to read as follows:
338.0117 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 [:] , collectively, and not on any specific day:
(a) At least 50 percent of [all] the 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 [;] of the State of Nevada;
(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;
(c) [At] If applying to receive a preference in bidding pursuant to subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, 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 or consultant engaged [on] in the design of the public work, will have a valid drivers license or identification card issued by the Department of Motor Vehicles [;] of the State of Nevada; and
(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 that is awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 [and who receives] as a result of the contractor, applicant or design-build team receiving 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),] (d), inclusive, of subsection 1; and
(b) Provide that a failure to comply with any requirement of paragraphs (a) to [(e),] (d), inclusive, of subsection 1 [is a material breach of the contract and] entitles the public body to [liquidated damages] a penalty only as provided in subsections 5 and 6.
3. A person [or entity] who submitted a bid on the public work or an 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),] (d), inclusive, of subsection 1 may file , before the substantial completion of the public work, a written objection with the public body for which the contractor, applicant or design-build team is performing the public work.
κ2013 Statutes of Nevada, Page 1389 (CHAPTER 296, AB 172)κ
obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to [(e),] (d), inclusive, of subsection 1 may file , before the substantial completion of the public work, 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),] (d), 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),] (d), 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),] (d), 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.
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),] (d), inclusive, of subsection 1, [liquidated damages] a penalty as described in subsection 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),] (d), inclusive, of subsection 1. If a public body recovers [liquidated damages] a penalty 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,] failure to comply, the name of each entity which [breached the contract] failed to comply and the cost of the contract [.] to which the entity that failed to comply was a party. 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 [,] as a result of that preference, 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 lower tier subcontractor [or supplier] must provide 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 fail to comply with a requirement of paragraphs (a) to [(e),] (d), inclusive, of subsection 1, the party is liable to the public body for [liquidated damages] a penalty 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;] caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1; and
κ2013 Statutes of Nevada, Page 1390 (CHAPTER 296, AB 172)κ
body directly against the party that [causes the material breach;] caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1; and
(c) No other party to the contract is liable to the public body for [liquidated damages.] a penalty.
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),] (d), inclusive, of subsection 1.
8. As used in this section:
(a) Lower tier subcontractor means a subcontractor who contracts with another subcontractor to provide labor, materials or services to the other subcontractor for a construction project.
(b) Vehicle used primarily for the public work does not include any vehicle that is present at the site of the public work only occasionally and for a purpose incidental to the public work including, without limitation, the delivery of materials. Notwithstanding the provisions of the paragraph, the term includes any vehicle which is:
(1) Owned or operated by the contractor or any subcontractor who is engaged on the public work; and
(2) Present at the site of the public work.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 338.1379 is hereby amended to read as follows:
338.1379 1. Except as otherwise provided in NRS 338.1382, a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the Division or the local government.
2. Upon receipt of an application pursuant to subsection 1, the Division or the local government shall:
(a) Investigate the applicant to determine whether the applicant is qualified to bid on a contract; and
(b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.
3. The Division or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of the right to a hearing pursuant to NRS 338.1381.
4. The Division or the local government may determine an applicant is qualified to bid:
(a) On a specific project; or
(b) On more than one project over a period of time to be determined by the Division or the local government.
κ2013 Statutes of Nevada, Page 1391 (CHAPTER 296, AB 172)κ
5. Except as otherwise provided in subsection 8, the Division shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.
6. Except as otherwise provided in subsection 8, the local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.
7. Except as otherwise provided in NRS 239.0115, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the Division or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.
8. The Division or the local government shall deny an application and revoke any existing qualification to bid if it finds that the applicant has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000 . [by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117.]
Sec. 4. NRS 338.1382 is hereby amended to read as follows:
338.1382 In lieu of adopting criteria pursuant to NRS 338.1377 and determining the qualification of bidders pursuant to NRS 338.1379, a governing body may deem a person to be qualified to bid on:
1. Contracts for public works of the local government if the person has not, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000 , [by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117,] and has been determined by:
(a) The Division pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of the State pursuant to criteria adopted pursuant to NRS 338.1375; or
(b) Another governing body pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of that local government pursuant to the criteria set forth in NRS 338.1377.
2. A contract for a public work of the local government if:
(a) The person has been determined by the Department of Transportation pursuant to NRS 408.333 to be qualified to bid on the contract for the public work;
(b) The public work will be owned, operated or maintained by the Department of Transportation after the public work is constructed by the local government; and
(c) The Department of Transportation requested that bidders on the contract for the public work be qualified to bid on the contract pursuant to NRS 408.333.
Sec. 5. NRS 338.1389 is hereby amended to read as follows:
338.1389 1. Except as otherwise provided in subsection 10 and NRS 338.1385, 338.1386 and 338.13864, a public body or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:
(a) Submitted by a responsive and responsible contractor who:
(1) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or 338.1382;
κ2013 Statutes of Nevada, Page 1392 (CHAPTER 296, AB 172)κ
(2) At the time the contractor submits his or her bid, [has] provides a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors Board pursuant to subsection 3 or 4; and
(3) [At the time the contractor submits his or her bid,] Within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117; and
(b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who:
(1) Does not [have,] provide, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors Board pursuant to subsection 3 or 4; or
(2) Does not submit, [at the time he or she submits the bid,] within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to [(e),] (d), inclusive, of subsection 1 of NRS 338.0117 for the duration of the contract,
Κ shall be deemed to be the best bid for the purposes of this section.
3. The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:
κ2013 Statutes of Nevada, Page 1393 (CHAPTER 296, AB 172)κ
the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
5. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and
(b) Sales and use taxes that were paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
6. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractors license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
7. A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
8. If a contractor holds more than one contractors license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
κ2013 Statutes of Nevada, Page 1394 (CHAPTER 296, AB 172)κ
9. If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works:
(a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information; or
(b) Is found by the Board to have, within the preceding 5 years, materially breached a contract for a public work for which the cost exceeds $5,000,000 , [by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117,] the contractor is not eligible to receive a preference in bidding on public works.
10. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
11. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may [be deemed the best bid] receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.
12. The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
13. A person [or entity] who submitted a bid on the public work or an entity who believes that [a] the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body not later than 3 business days after the opening of the bids by the public body or its authorized representative.
14. If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of 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 and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.
Sec. 6. NRS 338.1415 is hereby amended to read as follows:
338.1415 A local government or its authorized representative shall not accept a bid on a contract for a public work if the contractor who submits the bid has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000 .
κ2013 Statutes of Nevada, Page 1395 (CHAPTER 296, AB 172)κ
for a public work for which the cost exceeds $25,000,000 . [by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117.]
Sec. 7. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in subsection 10 and NRS 338.143, 338.1442 and 338.1446, a local government or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:
(a) Submitted by a contractor who:
(1) Has been found to be a responsible and responsive contractor by the local government or its authorized representative;
(2) At the time the contractor submits his or her bid, [has] provides a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors Board pursuant to subsection 3 or 4; and
(3) [At the time the contractor submits his or her bid,] Within 2 hours after the completion of the opening of the bids by the local government or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117; and
(b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who:
(1) Does not [have,] provide, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors Board pursuant to subsection 3 or 4; or
(2) Does not submit, [at the time he or she submits the bid,] within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to [(e),] (d), inclusive, of subsection 1 of NRS 338.0117 for the duration of the contract,
Κ shall be deemed to be the best bid for the purposes of this section.
3. The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
κ2013 Statutes of Nevada, Page 1396 (CHAPTER 296, AB 172)κ
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
5. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and
(b) Sales and use taxes paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
6. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractors license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
κ2013 Statutes of Nevada, Page 1397 (CHAPTER 296, AB 172)κ
pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
7. A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
8. If a contractor holds more than one contractors license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
9. If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works:
(a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information; or
(b) Is found by the Board to have, within the preceding 5 years, materially breached a contract for a public work for which the cost exceeds $5,000,000 , [by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117,] the contractor is not eligible to receive a preference in bidding on public works.
10. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
11. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may [be deemed a best bid] receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.
12. The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
13. A person [or entity] who submitted a bid on the public work or an entity who believes that [a] the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the local government to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the local government not later than 3 business days after the opening of the bids by the local government or its authorized representative.
14. If a local government receives a written objection pursuant to subsection 13, the local government shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the local government determines that the objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract.
κ2013 Statutes of Nevada, Page 1398 (CHAPTER 296, AB 172)κ
objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract. If the local government determines that the objection is accompanied by the required proof or substantiating evidence, the local government shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the local government or its authorized representative may proceed to award the contract accordingly.
Sec. 8. NRS 408.333 is hereby amended to read as follows:
408.333 Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:
1. Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the persons financial ability and experience in performing public work of a similar nature.
2. Such statements must be filed with the Director in ample time to permit the Department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the Department.
3. Whenever the Director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, the Director may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. If the Director determines that the person has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000 , [by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117,] the Director shall refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who is disqualified by the Director, in accordance with the provisions of this section, may request, in writing, a hearing before the Director and present again the persons check, cash or undertaking and such further evidence with respect to the persons financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his or her opinion, issuance to him or her of the plans and specifications for the work.