[Rev. 1/29/2019 3:22:42 PM]
κ2015 Statutes of Nevada, Page 3077κ
Senate Bill No. 60Committee on Judiciary
CHAPTER 504
[Approved: June 10, 2015]
AN ACT relating to the Office of the Attorney General; transferring authority over the application for a fictitious address from the Secretary of State to the Attorney General; creating the Office of Military Legal Assistance in the Office of the Attorney General; extending the date for expiration of the Substance Abuse Working Group; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Secretary of State to issue a fictitious address to a victim, or the parent or guardian of a victim, of domestic violence, human trafficking, sexual assault or stalking who applies for the issuance of a fictitious address. (NRS 217.462-217.471) Sections 1-5, 17 and 17.5 of this bill transfer the authority over and funding for this application process to the Office of the Attorney General.
Sections 10 and 11 of this bill create the Office of Military Legal Assistance in the Office of the Attorney General. Section 16 of this bill extends the termination date of the Substance Abuse Working Group from June 30, 2015, to June 30, 2019.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.462 is hereby amended to read as follows:
217.462 1. An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incompetent person may apply to the [Secretary of State] Attorney General to have a fictitious address designated by the [Secretary of State] Attorney General serve as the address of the adult, child or incompetent person.
2. An application for the issuance of a fictitious address must include:
(a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application;
(b) The address that is requested to be kept confidential;
(c) A telephone number at which the [Secretary of State] Attorney General may contact the applicant;
(d) A question asking whether the person wishes to:
(1) Register to vote; or
(2) Change the address of his or her current registration;
(e) A designation of the [Secretary of State] Attorney General as agent for the adult, child or incompetent person for the purposes of:
(1) Service of process; and
(2) Receipt of mail;
(f) The signature of the applicant;
(g) The date on which the applicant signed the application; and
(h) Any other information required by the [Secretary of State.] Attorney General.
κ2015 Statutes of Nevada, Page 3078 (CHAPTER 504, SB 60)κ
3. It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.
4. The [Secretary of State] Attorney General shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application.
5. The [Secretary of State] Attorney General shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.
Sec. 2. NRS 217.464 is hereby amended to read as follows:
217.464 1. If the [Secretary of State] Attorney General approves an application, the [Secretary of State] Attorney General shall:
(a) Designate a fictitious address for the participant; and
(b) Forward mail that the [Secretary of State] Attorney General receives for a participant to the participant.
2. The [Secretary of State] Attorney General shall not make any records containing the name, confidential address or fictitious address of a participant available for inspection or copying, unless:
(a) The address is requested by a law enforcement agency, in which case the [Secretary of State] Attorney General shall make the address available to the law enforcement agency; or
(b) The [Secretary of State] Attorney General is directed to do so by lawful order of a court of competent jurisdiction, in which case the [Secretary of State] Attorney General shall make the address available to the person identified in the order.
3. If a pupil is attending or wishes to attend a public school that is located outside the zone of attendance as authorized by paragraph (c) of subsection 2 of NRS 388.040 or a public school that is located in a school district other than the school district in which the pupil resides as authorized by NRS 392.016, the [Secretary of State] Attorney General shall, upon request of the public school that the pupil is attending or wishes to attend, inform the public school of whether the pupil is a participant and whether the parent or legal guardian with whom the pupil resides is a participant. The [Secretary of State] Attorney General shall not provide any other information concerning the pupil or the parent or legal guardian of the pupil to the public school.
Sec. 3. NRS 217.466 is hereby amended to read as follows:
217.466 If a participant indicates to the [Secretary of State] Attorney General that the participant wishes to register to vote or change the address of his or her current registration, the [Secretary of State] Attorney General shall furnish the participant with the form developed by the Secretary of State pursuant to the provisions of NRS 293.5002.
Sec. 4. NRS 217.468 is hereby amended to read as follows:
217.468 1. Except as otherwise provided in subsections 2 and 3, the [Secretary of State] Attorney General shall cancel the fictitious address of a participant 4 years after the date on which the [Secretary of State] Attorney General approved the application.
2. The [Secretary of State] Attorney General shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the [Secretary of State] Attorney General that the participant remains in imminent danger of becoming a victim of domestic violence, human trafficking, sexual assault or stalking.
κ2015 Statutes of Nevada, Page 3079 (CHAPTER 504, SB 60)κ
participant is cancelled, the participant shows to the satisfaction of the [Secretary of State] Attorney General that the participant remains in imminent danger of becoming a victim of domestic violence, human trafficking, sexual assault or stalking.
3. The [Secretary of State] Attorney General may cancel the fictitious address of a participant at any time if:
(a) The participant changes his or her confidential address from the one listed in the application and fails to notify the [Secretary of State] Attorney General within 48 hours after the change of address;
(b) The [Secretary of State] Attorney General determines that false or incorrect information was knowingly provided in the application; or
(c) The participant files a declaration or acceptance of candidacy pursuant to NRS 293.177 or 293C.185.
Sec. 5. NRS 217.471 is hereby amended to read as follows:
217.471 The [Secretary of State] Attorney General shall adopt procedures to carry out the provisions of NRS 217.462 to 217.471, inclusive.
Secs. 6-8. (Deleted by amendment.)
Sec. 9. Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 10, 11 and 12 of this act.
Sec. 10. The Office of Military Legal Assistance is hereby created in the Office of the Attorney General.
Sec. 11. 1. The Office of Military Legal Assistance may facilitate the delivery of legal assistance programs, pro bono services and self-help services to current and former military personnel in this State.
2. The Attorney General may apply for and accept grants, gifts, donations, bequests or devises on behalf of the Office of Military Legal Assistance which must be used to carry out the functions of the Office of Military Legal Assistance.
Secs. 12-15. (Deleted by amendment.)
Sec. 16. Section 5 of chapter 89, Statutes of Nevada 2011, at page 367, is hereby amended to read as follows:
Sec. 5. This act becomes effective on July 1, 2011, and expires by limitation on June 30, [2015.] 2019.
Sec. 17. 1. Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of regulations is transferred.
2. Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement have been transferred.
3. Any actions taken by an officer, agency, or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions was transferred.
κ2015 Statutes of Nevada, Page 3080 (CHAPTER 504, SB 60)κ
effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions was transferred.
Sec. 17.5. On July 1, 2015, the State Controller shall transfer $11,388 for Fiscal Year 2015-2016 and $11,385 for Fiscal Year 2016-2017 from Budget Account 1050 to Budget Account 1030 for use by the Attorney General in the respective fiscal years to carry out the provisions of NRS 217.462 to 217.471, inclusive, as amended by sections 1 to 5 inclusive, of this act.
Sec. 18. 1. This section and section 16 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, 9, 10, 11, 17 and 17.5 of this act become effective on July 1, 2015.
________
Senate Bill No. 294Senators Parks, Ford, Kihuen; Denis, Manendo and Woodhouse (by request)
CHAPTER 505
[Approved: June 10, 2015]
AN ACT relating to offenders; expanding the authorization for offenders to have access to telecommunications devices under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits offenders from having access to telecommunications devices except under certain circumstances. (NRS 209.417) This bill authorizes the Department of Corrections to enter into an agreement with an offender allowing the offender to use telecommunications devices for certain purposes related to education and employment.
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 209.417 is hereby amended to read as follows:
209.417 1. Except as otherwise provided in [subsection 2,] this section, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility , or in a vehicle of the Department, has access to a telecommunications device.
2. An offender may use a telephone or, for the purpose of communicating with his or her child pursuant to NRS 209.42305, any other approved telecommunications device subject to the limitations set forth in NRS 209.419.
3. The Department may enter into an agreement with an offender who is assigned to transitional housing, a center for the purpose of making restitution pursuant to NRS 209.4827 to 209.4843, inclusive, or a specific program of education or vocational training authorizing the offender to use a telecommunications device:
κ2015 Statutes of Nevada, Page 3081 (CHAPTER 505, SB 294)κ
(a) To access a network, including, without limitation, the Internet, for the purpose of:
(1) Obtaining educational or vocational training that is approved by the Department;
(2) Searching for or applying for employment; or
(3) Performing essential job functions.
(b) For any other purpose if a telecommunications device is required by an employer of the offender to perform essential job functions.
4. As used in this section, telecommunications device means a device, or an apparatus associated with a device, that can enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer that is connected to a computer network, is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.
Sec. 2. NRS 212.165 is hereby amended to read as follows:
212.165 1. A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.
3. A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. A prisoner confined in a jail or any other place where such prisoners are authorized to be or are assigned by the sheriff, chief of police or other officer responsible for the operation of the jail, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection and who is in lawful custody or confinement for a charge, conviction or sentence for:
(a) A felony is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A gross misdemeanor is guilty of a gross misdemeanor.
(c) A misdemeanor is guilty of a misdemeanor.
5. A sentence imposed upon a prisoner pursuant to subsection 3 or 4:
(a) Is not subject to suspension or the granting of probation; and
(b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was in lawful custody or confinement when the prisoner violated the provisions of subsection 3 or 4.
κ2015 Statutes of Nevada, Page 3082 (CHAPTER 505, SB 294)κ
6. A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been reduced to a charge for which the penalty is less than the penalty which was imposed upon the person pursuant to subsection 4, with the court of original jurisdiction requesting that the court, for good cause shown:
(a) Order that his or her sentence imposed pursuant to subsection 4 be modified to a sentence equivalent to the penalty imposed for the underlying charge for which the person was convicted; and
(b) Resentence him or her in accordance with the penalties prescribed for the underlying charge for which the person was convicted.
7. A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been declined for prosecution or dismissed, with the court of original jurisdiction requesting that the court, for good cause shown:
(a) Order that his or her original sentence pursuant to subsection 4 be reduced to a misdemeanor; and
(b) Resentence him or her in accordance with the penalties prescribed for a misdemeanor.
8. No person has a right to the modification of a sentence pursuant to subsection 6 or 7, and the granting or denial of a petition pursuant to subsection 6 or 7 does not establish a basis for any cause of action against this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.
9. As used in this section:
(a) Facility has the meaning ascribed to it in NRS 209.065.
(b) Institution has the meaning ascribed to it in NRS 209.071.
(c) Jail means a jail, branch county jail or other local detention facility.
(d) Telecommunications device has the meaning ascribed to it in subsection [3] 4 of NRS 209.417.
Sec. 3. This act becomes effective upon passage and approval.
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κ2015 Statutes of Nevada, Page 3083κ
Senate Bill No. 447Committee on Judiciary
CHAPTER 506
[Approved: June 10, 2015]
AN ACT relating to marijuana; revising the crime of counterfeiting or forging a registry identification card for the medical use of marijuana; defining certain terms, including concentrated cannabis; revising the definition of marijuana for certain purposes; making it unlawful to extract concentrated cannabis; revising the provisions pertaining to trafficking in marijuana and concentrated cannabis; providing for the issuance of a letter of approval to certain children that allows such children to engage in the medical use of marijuana; revising certain exemptions from state prosecution for marijuana related offenses; revising provisions governing the return of seized marijuana, paraphernalia or related property from certain persons; providing that certain records created by the Division of Public and Behavioral Health of the Department of Health and Human Services relating to the medical use of marijuana are not confidential; authorizing the Division to issue a registry identification card; revising provisions relating to the location and operation of medical marijuana establishments; authorizing law enforcement agencies to adopt policies and procedures governing the medical use of marijuana by employees; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it a crime, punishable as a category E felony, for a person to counterfeit or forge or attempt to counterfeit or forge a registry identification card, which is the instrument that indicates a bearer is entitled to engage in the medical use of marijuana. (NRS 207.335) Section 1 of this bill makes it unlawful to: (1) counterfeit or forge or attempt to counterfeit or forge a letter of approval; or (2) possess with the intent to use any such counterfeit or forged registry identification card or letter of approval. Existing law defines marijuana for the purposes of the regulation of controlled substances. (NRS 453.096) Existing law also provides criminal penalties for various acts involving a schedule I controlled substance, including, without limitation, possession, manufacture, compounding, importation, distribution, sale, transfer, trafficking or driving under the influence. (NRS 453.316-453.348, 484C.110, 484C.120, 488.410) In addition to criminal penalties, existing law provides for civil penalties against a person who engages in certain acts involving the unlawful manufacture, distribution or sale of a schedule I controlled substance. (NRS 453.553-453.5533)
Sections 1.2-1.5 and 2 of this bill define certain terms, including concentrated cannabis, and revise the definition of marijuana for the purposes of regulating controlled substances. Section 7 of this bill revises the quantities of marijuana and concentrated cannabis for the purposes of the prohibition against trafficking. Section 8 of this bill makes it unlawful to knowingly or intentionally extract concentrated cannabis. A person who violates such a provision is guilty of a category C felony.
Existing law exempts a person who holds a valid registry identification card from state prosecution for possession, delivery and production of marijuana. (NRS 453A.200) The Division of Public and Behavioral Health of the Department of Health and Human Services may either issue a registry identification card that has been prepared by the Department of Motor Vehicles to a person who meets certain qualifications or designate the Department of Motor Vehicles to issue a registry identification card to such a person.
κ2015 Statutes of Nevada, Page 3084 (CHAPTER 506, SB 447)κ
identification card to such a person. (NRS 453A.210, 453A.220, 453A.740) A person under the age of 18 years can obtain a registry identification card if the custodial parent or legal guardian with responsibility for health care decisions for the person agrees to serve as the designated primary caregiver for the person and the person meets certain other requirements. (NRS 453A.210) Sections 17 and 18 of this bill require the Division to issue a letter of approval to an applicant who is under 10 years of age stating that the Division has approved the persons application to be exempted from state prosecution for engaging in the medical use of marijuana if the applicant meets these requirements instead of requiring the applicant to obtain a registry identification card that is prepared or issued by the Department. Section 18 also prescribes the required contents of a letter of approval.
Section 13.3 of this bill provides that: (1) an employee of the State Department of Agriculture who possesses, delivers or produces marijuana in the course of his or her duties is exempt from certain offenses relating to marijuana; and (2) no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana.
Section 13 of this bill provides that a person who obtains a letter of approval is exempt from certain offenses relating to the possession of marijuana or paraphernalia, but not offenses relating to the delivery and production of marijuana. Sections 17 and 22 of this bill require the custodial parent or legal guardian of a child under the age of 10 years who obtains a letter of approval to agree to serve as the designated primary caregiver for the child. Section 18 requires the Division to issue a registry identification card to the designated primary caregiver of the holder of a letter of approval. Sections 25-27 of this bill authorize a medical marijuana establishment to acquire marijuana from and dispense marijuana to the designated primary caregiver of a person who holds a letter of approval in the same manner as for a patient who holds a registry identification card.
Sections 19-23 of this bill make certain provisions concerning the revocation and expiration of a registry identification card, the designation of a primary caregiver and acts for which the holder of a registry identification card is not exempt from state prosecution applicable to the holder of a letter of approval. Sections 29 and 30 of this bill authorize a patient who holds a valid letter of approval and his or her designated primary caregiver to select one medical marijuana dispensary to serve as his or her designated medical marijuana dispensary. Sections 31-34 of this bill make certain rights and protections for persons who hold a registry identification card and persons who assist such persons in the medical use of marijuana applicable to a person who holds a letter of approval and a person who assists a person who holds a letter of approval as well.
Section 26.5 of this bill allows a medical marijuana establishment to move to a new location under the jurisdiction of the same local government if the local government approves the new location. Section 27 of this bill allows a medical marijuana establishment to use certain pesticides in the cultivation and production of marijuana, edible marijuana products and marijuana-infused products. Section 36.7 of this bill requires the Division to revise its regulations to conform with the provisions of sections 26.5 and 27.
Section 27.5 of this bill allows a medical marijuana establishment to transport medical marijuana or enter into a contract with a third party to transport medical marijuana to another medical marijuana establishment or between the buildings of the medical marijuana establishment.
Existing law provides certain acts for which the holder of a registry identification card is not exempt from state prosecution for certain offenses relating to marijuana. (NRS 453A.300) Section 23 provides that such a person is not exempt from state prosecution for possessing marijuana or paraphernalia on school property.
The Nevada Constitution requires the Legislature to provide by law for protection of the plant of the genus Cannabis for medical purposes and property related to its use from forfeiture except upon conviction or plea of guilty or nolo contendere. (Nev.
κ2015 Statutes of Nevada, Page 3085 (CHAPTER 506, SB 447)κ
Const. Art. 4 § 38) Existing law requires a district attorney of the county in which marijuana, drug paraphernalia or other related property was seized, or the district attorneys designee, to make a determination that a person is engaging in or assisting in the medical use of marijuana under certain circumstances. (NRS 453A.400) Section 31 removes the requirement to make such a determination and instead requires law enforcement to return any usable marijuana, marijuana plants, drug paraphernalia and other related property that was seized upon: (1) a decision not to prosecute; (2) the dismissal of the charges; or (3) acquittal.
Section 34 also provides that the Division shall not disclose the contents of any tool used by the Division to evaluate an applicant or affiliate or certain other information regarding an applicant or affiliate.
Section 35 of this bill authorizes the Division to issue a registry identification card rather than requiring that the card be prepared by the Department of Motor Vehicles. Section 35 further provides that the Division will issue a letter of approval to a qualified person and authorizes a fee for providing an application and processing a letter of approval in the same amount as for a registry identification card.
Existing law does not require an employer to modify the job or working conditions of an employee who engages in the medical use of marijuana, but does require that an employer must attempt to make reasonable accommodations for the employee under certain circumstances. (NRS 453A.800) Section 36 of this bill provides that a law enforcement agency is not prohibited from adopting policies or procedures that preclude an employee from engaging in the medical use of marijuana.
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 207.335 is hereby amended to read as follows:
207.335 1. It is unlawful for any person to [counterfeit] :
(a) Counterfeit or forge or attempt to counterfeit or forge a registry identification card [.] or letter of approval; or
(b) Have in his or her possession with the intent to use any counterfeit or forged registry identification card or letter of approval.
2. Any person who violates the provisions of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. As used in this section [, registry] :
(a) Letter of approval has the meaning ascribed to it in section 12 of this act.
(b) Registry identification card has the meaning ascribed to it in NRS 453A.140.
Sec. 1.1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 1.5, inclusive, of this act.
Sec. 1.2. CBD means cannabidiol, which is a primary phytocannabinoid compound found in marijuana.
Sec. 1.3. Concentrated cannabis means the extracted or separated resin, whether crude or purified, containing THC or CBD from marijuana.
Sec. 1.4. Extraction means the process or act of extracting THC or CBD from marijuana, including, without limitation, pushing, pulling or drawing out THC or CBD from marijuana.
Sec. 1.5. THC means:
1. Delta-9-tetrahydrocannabinol;
2. Delta-8-tetrahydrocannabinol; and
3. The optical isomers of such substances.
κ2015 Statutes of Nevada, Page 3086 (CHAPTER 506, SB 447)κ
Sec. 1.6. NRS 453.016 is hereby amended to read as follows:
453.016 As used in this chapter, the words and terms defined in NRS 453.021 to 453.141, inclusive, and sections 1.2 to 1.5, inclusive, of this act have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.
Sec. 2. NRS 453.096 is hereby amended to read as follows:
453.096 1. Marijuana means:
(a) All parts of any plant of the genus Cannabis, whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the plant [;] , including concentrated cannabis; and
(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
2. Marijuana does not include the mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 453.3353 is hereby amended to read as follows:
453.3353 1. Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:
(a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,
Κ the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.
2. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:
(a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,
Κ the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
κ2015 Statutes of Nevada, Page 3087 (CHAPTER 506, SB 447)κ
contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
4. As used in this section : [, premises means:]
(a) Marijuana does not include concentrated cannabis.
(b) Premises means:
(1) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or
[(b)] (2) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,
Κ whether located aboveground or underground and whether inhabited or not.
Sec. 5. NRS 453.336 is hereby amended to read as follows:
453.336 1. Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive [.] , and sections 1.2 to 1.5, inclusive, of this act.
2. Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:
κ2015 Statutes of Nevada, Page 3088 (CHAPTER 506, SB 447)κ
(a) For the first offense, is guilty of a misdemeanor and shall be:
(1) Punished by a fine of not more than $600; or
(2) Examined by an approved facility for the treatment of abuse of drugs to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.
(b) For the second offense, is guilty of a misdemeanor and shall be:
(1) Punished by a fine of not more than $1,000; or
(2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.
(c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.
(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
5. It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
6. As used in this section:
(a) Controlled substance includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
(b) Marijuana does not include concentrated cannabis.
(c) Sterile hypodermic device program has the meaning ascribed to it in NRS 439.986.
Sec. 6. NRS 453.3385 is hereby amended to read as follows:
453.3385 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, and sections 1.2 to 1.5, inclusive, of this act, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any such controlled substance, shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
[1.] (a) Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.
[2.] (b) Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.
[3.] (c) Is 28 grams or more, for a category A felony by imprisonment in the state prison:
[(a)] (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
[(b)] (2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
Κ and by a fine of not more than $500,000.
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2. As used in this section, marijuana does not include concentrated cannabis.
Sec. 7. NRS 453.339 is hereby amended to read as follows:
453.339 1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, and sections 1.2 to 1.5, inclusive, of this act, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana or concentrated cannabis shall be punished, if the quantity involved:
(a) Is [100] 50 pounds or more, but less than [2,000] 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.
(b) Is [2,000] 1,000 pounds or more, but less than [10,000] 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(c) Is [10,000] 5,000 pounds or more [,] of marijuana or 100 pounds or more of concentrated cannabis, for a category A felony by imprisonment in the state prison:
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
Κ and by a fine of not more than $200,000.
2. For the purposes of this section:
(a) Marijuana means all parts of any plant of the genus Cannabis, whether growing or not. The term does not include concentrated cannabis.
(b) The weight of marijuana or concentrated cannabis is its weight when seized or as soon as practicable thereafter. If marijuana and concentrated cannabis are seized together, each must be weighed separately and treated as separate substances.
Sec. 8. NRS 453.3393 is hereby amended to read as follows:
453.3393 1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or chapter 453A of NRS.
2. Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. A person shall not knowingly or intentionally extract concentrated cannabis, except as specifically authorized by the provisions of chapter 453A of NRS. Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. In addition to any punishment imposed pursuant to [subsection 2,] this section, the court shall order a person convicted of a violation of [subsection 1] this section to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana [.]
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cultivation, harvesting, drying, propagation or processing of the marijuana [.] or the extraction of concentrated cannabis.
Sec. 9. NRS 453.401 is hereby amended to read as follows:
453.401 1. Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the State in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator:
(a) For a first offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if the conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
2. Except as otherwise provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.
3. If two or more persons conspire to possess more than 1 ounce of marijuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.
4. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, the persons so conspiring shall be punished in the manner provided in NRS 207.400.
5. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.
6. As used in this section, marijuana does not include concentrated cannabis.
Sec. 10. NRS 453.5531 is hereby amended to read as follows:
453.5531 1. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:
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(a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.
(b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.
(c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.
2. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.
(b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.
(c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.
3. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.
(b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.
(c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.
4. Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.
5. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.324, 453.354, 453.355 or 453.357, to a civil penalty in an amount not to exceed $250,000 for each violation.
6. As used in this section, marijuana does not include concentrated cannabis.
Sec. 11. Chapter 453A of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 13.7, inclusive, of this act.
Sec. 12. Letter of approval means a document issued by the Division to an applicant who is under 10 years of age pursuant to NRS 453A.220 which provides that the applicant is exempt from state prosecution for engaging in the medical use of marijuana.
Sec. 13. 1. Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid letter of approval issued pursuant to NRS 453A.220 is exempt from state prosecution for:
(a) Possession of marijuana;
(b) Possession of paraphernalia;
(c) Any combination of the acts described in paragraphs (a) and (b); and
(d) Any other criminal offense in which the possession of marijuana or paraphernalia is an element.
2. The exemption from state prosecution set forth in subsection 1 applies only to the extent that the person who holds a letter of approval:
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(a) Engages in the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the persons chronic or debilitating medical condition; and
(b) Does not, at any one time, collectively possess with his or her designated primary caregiver an amount of marijuana for medical purposes that exceeds the limits set forth in NRS 453A.200.
3. As used in this section, marijuana includes, without limitation, edible marijuana products and marijuana-infused products.
Sec. 13.3. 1. An employee of the State Department of Agriculture who, in the course of his or her duties:
(a) Possesses, delivers or produces marijuana;
(b) Aids and abets another in the possession, delivery or production of marijuana;
(c) Performs any combination of the acts described in paragraphs (a) and (b); or
(d) Performs any other criminal offense in which the possession, delivery or production of marijuana is an element,
Κ is exempt from state prosecution for the offense. The persons described in this subsection must ensure that the marijuana described in this subsection is safeguarded in an enclosed, secure location.
2. In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.
3. As used in this section, marijuana includes, without limitation, edible marijuana products and marijuana-infused products.
Sec. 13.7. The Division may enter into an interlocal agreement pursuant to NRS 277.080 to 277.180, inclusive, to carry out the provisions of NRS 453A.320 to 453A.370, inclusive.
Sec. 14. NRS 453A.010 is hereby amended to read as follows:
453A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 453A.020 to 453A.170, inclusive, and section 12 of this act have the meanings ascribed to them in those sections.
Sec. 15. NRS 453A.116 is hereby amended to read as follows:
453A.116 Medical marijuana establishment means:
1. An independent testing laboratory;
2. A cultivation facility;
3. A facility for the production of edible marijuana products or marijuana-infused products; or
4. A medical marijuana dispensary . [; or
5. A business that has registered with the Division and paid the requisite fees to act as more than one of the types of businesses listed in subsections 2, 3 and 4.]
Sec. 16. NRS 453A.200 is hereby amended to read as follows:
453A.200 1. Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:
(a) Possession, delivery or production of marijuana;
(b) Possession or delivery of paraphernalia;
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(c) Aiding and abetting another in the possession, delivery or production of marijuana;
(d) Aiding and abetting another in the possession or delivery of paraphernalia;
(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and
(f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.
2. In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.
3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:
(a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of [the] a persons chronic or debilitating medical condition; and
(b) Do not, at any one time, collectively possess [,] with another who is authorized to possess, deliver or produce more than:
(1) Two and one-half ounces of usable marijuana in any one 14-day period;
(2) Twelve marijuana plants, irrespective of whether the marijuana plants are mature or immature; and
(3) A maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division.
Κ The persons described in this subsection must ensure that the usable marijuana and marijuana plants described in this subsection are safeguarded in an enclosed, secure location.
4. If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:
(a) Are not exempt from state prosecution for possession, delivery or production of marijuana.
(b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in NRS 453A.310.
5. A person who holds a valid medical marijuana establishment registration certificate issued to the person pursuant to NRS 453A.322 or a valid medical marijuana establishment agent registration card issued to the person pursuant to NRS 453A.332, and who confines his or her activities to those authorized by NRS 453A.320 to 453A.370, inclusive, and the regulations adopted by the Division pursuant thereto, is exempt from state prosecution for:
(a) Possession, delivery or production of marijuana;
(b) Possession or delivery of paraphernalia;
(c) Aiding and abetting another in the possession, delivery or production of marijuana;
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(d) Aiding and abetting another in the possession or delivery of paraphernalia;
(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and
(f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.
6. Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card [or his or her] , including, without limitation, a designated primary caregiver, [if any,] such [persons are] a person is not authorized to cultivate, grow or produce marijuana. The provisions of this subsection do not apply if:
(a) The person who holds the registry identification card [or his or her designated primary caregiver, if any,] was cultivating, growing or producing marijuana in accordance with this chapter on or before July 1, 2013;
(b) All the medical marijuana dispensaries in the county of residence of the person who holds the registry identification card [or his or her designated primary caregiver, if any,] close or are unable to supply the quantity or strain of marijuana necessary for the medical use of the person to treat his or her specific medical condition;
(c) Because of illness or lack of transportation, the person who holds the registry identification card [and his or her designated primary caregiver, if any, are] is unable reasonably to travel to a medical marijuana dispensary; or
(d) No medical marijuana dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.
7. As used in this section, marijuana includes, without limitation, edible marijuana products and marijuana-infused products.
Sec. 17. NRS 453A.210 is hereby amended to read as follows:
453A.210 1. The Division shall establish and maintain a program for the issuance of registry identification cards and letters of approval to persons who meet the requirements of this section.
2. Except as otherwise provided in subsections 3 and 5 and NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:
(a) Valid, written documentation from the persons attending physician stating that:
(1) The person has been diagnosed with a chronic or debilitating medical condition;
(2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and
(3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;
(b) The name, address, telephone number, social security number and date of birth of the person;
(c) Proof satisfactory to the Division that the person is a resident of this State;
(d) The name, address and telephone number of the persons attending physician;
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(e) If the person elects to designate a primary caregiver at the time of application:
(1) The name, address, telephone number and social security number of the designated primary caregiver; and
(2) A written, signed statement from the persons attending physician in which the attending physician approves of the designation of the primary caregiver; and
(f) If the person elects to designate a medical marijuana dispensary at the time of application, the name of the medical marijuana dispensary.
3. The Division or its designee shall issue a registry identification card to a person who is [under] at least 10 years of age but less than 18 years of age or a letter of approval to a person who is less than 10 years of age if:
(a) The person submits the materials required pursuant to subsection 2; and
(b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:
(1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;
(2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;
(3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and
(4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.
4. The form prescribed by the Division to be used by a person applying for a registry identification card or letter of approval pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Division shall:
(a) Record on the application the date on which it was received;
(b) Retain one copy of the application for the records of the Division; and
(c) Distribute the other four copies of the application in the following manner:
(1) One copy to the person who submitted the application;
(2) One copy to the applicants designated primary caregiver, if any;
(3) One copy to the Central Repository for Nevada Records of Criminal History; and
(4) One copy to:
(I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or
(II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.
κ2015 Statutes of Nevada, Page 3096 (CHAPTER 506, SB 447)κ
Κ The Central Repository for Nevada Records of Criminal History shall report to the Division its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Division its findings as to the licensure and standing of the applicants attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).
5. The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Division may contact an applicant, the applicants attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division may deny an application only on the following grounds:
(a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:
(1) Establish the applicants chronic or debilitating medical condition; or
(2) Document the applicants consultation with an attending physician regarding the medical use of marijuana in connection with that condition;
(b) The applicant failed to comply with regulations adopted by the Division, including, without limitation, the regulations adopted by the Administrator pursuant to NRS 453A.740;
(c) The Division determines that the information provided by the applicant was falsified;
(d) The Division determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;
(e) The Division determines that the applicant, or the applicants designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;
(f) The Division has prohibited the applicant from obtaining or using a registry identification card or letter of approval pursuant to subsection 2 of NRS 453A.300;
(g) The Division determines that the applicant, or the applicants designated primary caregiver, if applicable, has had a registry identification card or letter of approval revoked pursuant to NRS 453A.225; or
(h) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.
6. The decision of the Division to deny an application for a registry identification card or letter of approval is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the persons parent or legal guardian, has standing to contest the determination of the Division. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
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must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
7. A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.
8. Except as otherwise provided in this subsection, if a person has applied for a registry identification card or letter of approval pursuant to this section and the Division has not yet approved or denied the application, the person, and the persons designated primary caregiver, if any, shall be deemed to hold a registry identification card or letter of approval upon the presentation to a law enforcement officer of the copy of the application provided to him or her pursuant to subsection 4.
9. As used in this section, resident has the meaning ascribed to it in NRS 483.141.
Sec. 18. NRS 453A.220 is hereby amended to read as follows:
453A.220 1. If the Division approves an application pursuant to subsection 5 of NRS 453A.210, the Division or its designee shall, as soon as practicable after the Division approves the application:
(a) Issue a letter of approval or serially numbered registry identification card , as applicable, to the applicant; and
(b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.
2. A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:
(a) The name, address, photograph and date of birth of the applicant;
(b) The date of issuance and date of expiration of the registry identification card;
(c) The name and address of the applicants designated primary caregiver, if any;
(d) The name of the applicants designated medical marijuana dispensary, if any;
(e) Whether the applicant is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200; and
(f) Any other information prescribed by regulation of the Division.
3. A letter of approval issued pursuant to paragraph (a) of subsection 1 must set forth:
(a) The name, address and date of birth of the applicant;
(b) The date of issuance and date of expiration of the registry identification card of the designated primary caregiver;
(c) The name and address of the applicants designated primary caregiver;
(d) The name of the applicants designated medical marijuana dispensary, if any; and
(e) Any other information prescribed by regulation of the Division.
4. A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:
(a) The name, address and photograph of the designated primary caregiver;
(b) The date of issuance and date of expiration of the registry identification card;
(c) The name and address of the applicant for whom the person is the designated primary caregiver;
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(d) The name of the designated primary caregivers designated medical marijuana dispensary, if any;
(e) Whether the designated primary caregiver is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200; and
(f) Any other information prescribed by regulation of the Division.
[4.] 5. Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card or letter of approval issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the Division.
Sec. 19. NRS 453A.225 is hereby amended to read as follows:
453A.225 1. If, at any time after the Division or its designee has issued a registry identification card or letter of approval to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220, the Division determines, on the basis of official documents or records or other credible evidence, that the person:
(a) Provided falsified information on his or her application to the Division or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210; or
(b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210,
Κ the Division shall immediately revoke the registry identification card or letter of approval issued to that person and shall immediately revoke the registry identification card issued to that persons designated primary caregiver, if any.
2. If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the Division determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the Division shall immediately revoke the registry identification card issued to that person.
3. Upon the revocation of a registry identification card or letter of approval pursuant to this section:
(a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card or letter of approval has been revoked, advising the person of the requirements of paragraph (b); and
(b) The person shall return his or her registry identification card or letter of approval to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).
4. The decision of the Division to revoke a registry identification card or letter of approval pursuant to this section is a final decision for the purposes of judicial review.
5. A person whose registry identification card or letter of approval has been revoked pursuant to this section may not reapply for a registry identification card or letter of approval pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.
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Sec. 20. NRS 453A.230 is hereby amended to read as follows:
453A.230 1. A person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the Division:
(a) Notify the Division of any change in the persons name, address, telephone number, designated medical marijuana dispensary, attending physician or designated primary caregiver, if any; and
(b) Submit annually to the Division:
(1) Updated written documentation from the persons attending physician in which the attending physician sets forth that:
(I) The person continues to suffer from a chronic or debilitating medical condition;
(II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and
(III) The attending physician has explained to the person the possible risks and benefits of the medical use of marijuana; and
(2) If the person elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the persons designated primary caregiver during the previous year:
(I) The name, address, telephone number and social security number of the designated primary caregiver; and
(II) A written, signed statement from the persons attending physician in which the attending physician approves of the designation of the primary caregiver.
2. A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the Division, notify the Division of any change in the persons name, address, telephone number, designated medical marijuana dispensary or the identity of the person for whom he or she acts as designated primary caregiver.
3. If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card or letter of approval issued to the person shall be deemed expired. If the registry identification card or letter of approval of a person to whom the Division or its designee issued the card or letter pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the persons designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card or letter of approval pursuant to this subsection:
(a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card or letter of approval has been deemed expired, advising the person of the requirements of paragraph (b); and
(b) The person shall return his or her registry identification card or letter of approval to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).
Sec. 21. NRS 453A.240 is hereby amended to read as follows:
453A.240 If a person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by the persons attending physician as no longer having a chronic or debilitating medical condition, the person shall return his or her registry identification card or letter of approval and his or her designated primary caregiver, if any, shall return [their] his or her registry identification [cards] card to the Division within 7 days after notification of the diagnosis.
κ2015 Statutes of Nevada, Page 3100 (CHAPTER 506, SB 447)κ
physician as no longer having a chronic or debilitating medical condition, the person shall return his or her registry identification card or letter of approval and his or her designated primary caregiver, if any, shall return [their] his or her registry identification [cards] card to the Division within 7 days after notification of the diagnosis.
Sec. 22. NRS 453A.250 is hereby amended to read as follows:
453A.250 1. If a person who applies to the Division for a registry identification card or letter of approval or to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires or is required to designate a primary caregiver, the person must:
(a) To designate a primary caregiver at the time of application, submit to the Division the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210; or
(b) To designate a primary caregiver after the Division or its designee has issued a registry identification card or letter of approval to the person, submit to the Division the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.
2. A person may have only one designated primary caregiver at any one time.
3. If a person designates a primary caregiver after the time that the person initially applies for a registry identification card [,] or letter of approval, the Division or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.
Sec. 23. NRS 453A.300 is hereby amended to read as follows:
453A.300 1. A person who holds a registry identification card or letter of approval issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:
(a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.
(c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.
(d) Possessing marijuana in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566 [, if] :
(1) If the possession of the marijuana or paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:
[(1)] (I) Any public place or in any place open to the public or exposed to public view; or
[(2)] (II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders [.] ; or
(2) If the possession of the marijuana or paraphernalia occurs on school property.
κ2015 Statutes of Nevada, Page 3101 (CHAPTER 506, SB 447)κ
(e) Delivering marijuana to another person who he or she knows does not lawfully hold a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.
(f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.
2. Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.
3. As used in this section, school property means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
Sec. 24. NRS 453A.310 is hereby amended to read as follows:
453A.310 1. Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:
(a) Is a person who:
(1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his or her arrest and has been advised by his or her attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;
(2) Is engaged in the medical use of marijuana; and
(3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the persons attending physician to mitigate the symptoms or effects of the persons chronic or debilitating medical condition; or
(b) Is a person who:
(1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and
(2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted persons attending physician to mitigate the symptoms or effects of the assisted persons chronic or debilitating medical condition.
2. A person need not hold a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.
3. Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:
κ2015 Statutes of Nevada, Page 3102 (CHAPTER 506, SB 447)κ
(a) Asserting a defense of medical necessity; or
(b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,
Κ if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.
4. A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendants intent to claim the affirmative defense. The written notice must:
(a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and
(b) Set forth the factual basis for the affirmative defense.
Κ A defendant who fails to provide notice of his or her intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.
Sec. 25. NRS 453A.340 is hereby amended to read as follows:
453A.340 The following acts constitute grounds for immediate revocation of a medical marijuana establishment registration certificate:
1. Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment, a [patient] person who holds a valid registry identification card [or the] , including, without limitation, a designated primary caregiver . [of such a patient.]
2. Acquiring usable marijuana or mature marijuana plants from any person other than a medical marijuana establishment agent, another medical marijuana establishment, a [patient] person who holds a valid registry identification card [or the] , including, without limitation, a designated primary caregiver . [of such a patient.]
3. Violating a regulation of the Division, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment registration certificate.
Sec. 26. NRS 453A.342 is hereby amended to read as follows:
453A.342 The following acts constitute grounds for the immediate revocation of the medical marijuana establishment agent registration card of a medical marijuana establishment agent:
1. Having committed or committing any excluded felony offense.
2. Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment [,] or a [patient] person who holds a valid registry identification card [or the] , including, without limitation, a designated primary caregiver . [of such a patient.]
3. Violating a regulation of the Division, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment agent registration card.
Sec. 26.5. NRS 453A.350 is hereby amended to read as follows:
453A.350 1. Each medical marijuana establishment must:
[1.] (a) Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;
κ2015 Statutes of Nevada, Page 3103 (CHAPTER 506, SB 447)κ
[2.] (b) Comply with all local ordinances and rules pertaining to zoning, land use and signage;
[3.] (c) Have an appearance, both as to the interior and exterior, that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices; and
[4.] (d) Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.
2. A medical marijuana establishment may move to a new location under the jurisdiction of the same local government as its original location and regardless of the distance from its original location if the operation of the medical marijuana establishment at the new location has been approved by the local government.
Sec. 27. NRS 453A.352 is hereby amended to read as follows:
453A.352 1. The operating documents of a medical marijuana establishment must include procedures:
(a) For the oversight of the medical marijuana establishment; and
(b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
2. Except as otherwise provided in this subsection, a medical marijuana establishment:
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
Κ The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.
3. A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:
(a) Directly or indirectly assist patients who possess valid registry identification cards; and
(b) Assist patients who possess valid registry identification cards or letters of approval by way of those patients designated primary caregivers.
Κ For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.
4. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Division during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a medical marijuana establishment agent.
5. A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a [patient] person who holds a valid registry identification card, [or the] , including, without limitation, a designated primary caregiver .
κ2015 Statutes of Nevada, Page 3104 (CHAPTER 506, SB 447)κ
holds a valid registry identification card, [or the] , including, without limitation, a designated primary caregiver . [of such a patient.] Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the marijuana. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.
6. A medical marijuana establishment may use a pesticide in the cultivation and production of marijuana, edible marijuana products and marijuana-infused products if the pesticide:
(a) Is exempt from registration pursuant to 40 C.F.R. § 152.25 or allowed to be used on Crop Group 19, as defined in 40 C.F.R. § 180.41(c)26, hops or unspecified crops or plants;
(b) Has affixed a label which allows the pesticide to be used at the intended site of application; and
(c) Has affixed a label which allows the pesticide to be used on crops and plants intended for human consumption.
7. The State Department of Agriculture shall, in accordance with the provisions of subsection 1 and NRS 586.010 to 586.450, inclusive, establish and publish a list of pesticides allowed to be used on medical marijuana pursuant to this section and accept requests from pesticide manufacturers and medical marijuana establishments, or a representative thereof, to add pesticides to the list.
8. A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.
[7.] 9. Medical marijuana establishments are subject to reasonable inspection by the Division at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Division of the establishment.
Sec. 27.5. NRS 453A.362 is hereby amended to read as follows:
453A.362 1. At each medical marijuana establishment, medical marijuana must be stored only in an enclosed, locked facility.
2. Except as otherwise provided in subsection 3, at each medical marijuana dispensary, medical marijuana must be stored in a secure, locked device, display case, cabinet or room within the enclosed, locked facility. The secure, locked device, display case, cabinet or room must be protected by a lock or locking mechanism that meets at least the security rating established by Underwriters Laboratories for key locks.
3. At a medical marijuana dispensary, medical marijuana may be removed from the secure setting described in subsection 2:
(a) Only for the purpose of dispensing the marijuana;
(b) Only immediately before the marijuana is dispensed; and
(c) Only by a medical marijuana establishment agent who is employed by or volunteers at the dispensary.
4. A medical marijuana establishment may:
(a) Transport medical marijuana to another medical marijuana establishment or between the buildings of the medical marijuana establishment; and
κ2015 Statutes of Nevada, Page 3105 (CHAPTER 506, SB 447)κ
(b) Enter into a contract with a third party to transport medical marijuana to another medical marijuana establishment or between the buildings of the medical marijuana establishment.
Sec. 28. NRS 453A.364 is hereby amended to read as follows:
453A.364 1. The State of Nevada and the medical marijuana dispensaries in this State which hold valid medical marijuana establishment registration certificates will recognize a nonresident card only under the following circumstances:
(a) The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of marijuana;
(b) The state or jurisdiction from which the holder or bearer obtained the nonresident card requires, as a prerequisite to the issuance of such a card, that a physician advise the person that the medical use of marijuana may mitigate the symptoms or effects of the persons medical condition;
(c) The nonresident card has an expiration date and has not yet expired;
(d) The holder or bearer of the nonresident card signs an affidavit in a form prescribed by the Division which sets forth that the holder or bearer is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residence; and
(e) The holder or bearer of the nonresident card agrees to abide by, and does abide by, the legal limits on the possession of marijuana for medical purposes in this State, as set forth in NRS 453A.200.
2. For the purposes of the reciprocity described in this section:
(a) The amount of medical marijuana that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and
(b) Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess marijuana for medical purposes in excess of the limits set forth in NRS 453A.200.
3. As used in this section, nonresident card means a card or other identification that:
(a) Is issued by a state or jurisdiction other than Nevada; and
(b) Is the functional equivalent of a registry identification card [,] or letter of approval, as determined by the Division.
Sec. 29. NRS 453A.366 is hereby amended to read as follows:
453A.366 1. A patient who holds a valid registry identification card or letter of approval and his or her designated primary caregiver, if any, may select one medical marijuana dispensary to serve as his or her designated medical marijuana dispensary at any one time.
2. A patient who designates a medical marijuana dispensary as described in subsection 1:
(a) Shall communicate the designation to the Division within the time specified by the Division.
(b) May change his or her designation not more than once in a 30-day period.
Sec. 29.5. NRS 453A.368 is hereby amended to read as follows:
453A.368 1. The Division shall establish standards for and certify one or more private and independent testing laboratories to test marijuana, edible marijuana products and marijuana-infused products that are to be sold in this State.
κ2015 Statutes of Nevada, Page 3106 (CHAPTER 506, SB 447)κ
2. Such an independent testing laboratory must be able to determine accurately, with respect to marijuana, edible marijuana products and marijuana-infused products that are sold or will be sold at medical marijuana dispensaries in this State:
(a) The concentration therein of THC and cannabidiol.
(b) [Whether the tested material is organic or non-organic.
(c)] The presence and identification of molds and fungus.
[(d)] (c) The [presence and concentration of fertilizers and other nutrients.] composition of the tested material.
(d) The presence of chemicals in the tested material, including, without limitation, pesticides, herbicides or growth regulators.
3. To obtain certification by the Division on behalf of an independent testing laboratory, an applicant must:
(a) Apply successfully as required pursuant to NRS 453A.322.
(b) Pay the fees required pursuant to NRS 453A.344.
Sec. 30. NRS 453A.370 is hereby amended to read as follows:
453A.370 The Division shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive. Such regulations are in addition to any requirements set forth in statute and must, without limitation:
1. Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.
2. Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:
(a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards [.] and letters of approval.
(b) Minimum requirements for the oversight of medical marijuana establishments.
(c) Minimum requirements for the keeping of records by medical marijuana establishments.
(d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.
(e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Division.
(f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Division if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.
3. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time:
(a) To ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral; and
(b) To reflect gifts and grants received by the Division pursuant to NRS 453A.720.
κ2015 Statutes of Nevada, Page 3107 (CHAPTER 506, SB 447)κ
4. Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, [or the] including, without limitation, a designated primary caregiver , [of such a person,] in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.
5. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.
6. In cooperation with the Board of Medical Examiners and the State Board of Osteopathic Medicine, establish a system to:
(a) Register and track attending physicians who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patients medical condition;
(b) Insofar as is possible, track and quantify the number of times an attending physician described in paragraph (a) makes such an advisement; and
(c) Provide for the progressive discipline of attending physicians who advise the medical use of marijuana at a rate at which the Division and Board determine and agree to be unreasonably high.
7. Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer.
8. Provide for the maintenance of a log by the Division of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Division shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.
9. Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive.
Sec. 31. NRS 453A.400 is hereby amended to read as follows:
453A.400 1. The fact that a person possesses a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250, a medical marijuana establishment registration certificate issued to the person by the Division or its designee pursuant to NRS 453A.322 or a medical marijuana establishment agent registration card issued to the person by the Division or its designee pursuant to NRS 453A.332 does not, alone:
(a) Constitute probable cause to search the person or the persons property; or
(b) Subject the person or the persons property to inspection by any governmental agency.
2. Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, paraphernalia or other related property from a person engaged in, facilitating or assisting in the medical use of marijuana:
(a) The law enforcement agency shall ensure that the marijuana, paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.
(b) Any property interest of the person from whom the marijuana, paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.
κ2015 Statutes of Nevada, Page 3108 (CHAPTER 506, SB 447)κ
pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.
(c) Upon [a determination by the district attorney of the county in which the marijuana, paraphernalia or other related property was seized, or the district attorneys designee, that the person from whom the marijuana, paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter, the] :
(1) A decision not to prosecute;
(2) The dismissal of charges; or
(3) Acquittal,
Κ the law enforcement agency shall [immediately] , to the extent permitted by law, return to that person any usable marijuana, marijuana plants, paraphernalia or other related property that was seized.
[Κ] The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.
[3. For the purposes of paragraph (c) of subsection 2, the determination of a district attorney or the district attorneys designee that a person is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be evidenced by:
(a) A decision not to prosecute;
(b) The dismissal of charges; or
(c) Acquittal.]
Sec. 32. NRS 453A.500 is hereby amended to read as follows:
453A.500 The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall not take any disciplinary action against an attending physician on the basis that the attending physician:
1. Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS:
(a) About the possible risks and benefits of the medical use of marijuana; or
(b) That the medical use of marijuana may mitigate the symptoms or effects of the persons chronic or debilitating medical condition,
Κ if the advice is based on the attending physicians personal assessment of the persons medical history and current medical condition.
2. Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or letter of approval or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card [,] or letter of approval if:
(a) Such documentation is based on the attending physicians personal assessment of the persons medical history and current medical condition; and
(b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.
Sec. 33. NRS 453A.510 is hereby amended to read as follows:
453A.510 A professional licensing board shall not take any disciplinary action against a person licensed by the board on the basis that:
κ2015 Statutes of Nevada, Page 3109 (CHAPTER 506, SB 447)κ
1. The person engages in or has engaged in the medical use of marijuana in accordance with the provisions of this chapter; or
2. The person acts as or has acted as the designated primary caregiver of a person who holds a registry identification card or letter of approval issued to him or her pursuant to paragraph (a) of subsection 1 of NRS 453A.220.
Sec. 34. NRS 453A.700 is hereby amended to read as follows:
453A.700 1. Except as otherwise provided in this section, NRS 239.0115 and subsection 4 of NRS 453A.210, the Division [and any designee of the Division shall maintain the confidentiality of and] shall not disclose:
(a) The contents of any [applications, records or other written documentation that] tool used by the Division [or its designee creates or receives pursuant to the provisions of this chapter; or] to evaluate an applicant or its affiliate.
(b) Any information, documents or communications provided to the Division by an applicant or its affiliate pursuant to the provisions of this chapter, without the prior written consent of the applicant or affiliate or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or affiliate.
(c) The name or any other identifying information of:
(1) An attending physician; or
(2) A person who has applied for or to whom the Division or its designee has issued a registry identification card [.] or letter of approval.
Κ Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.
2. Notwithstanding the provisions of subsection 1, the Division or its designee may release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card or letter of approval to:
(a) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; and
(b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card or letter of approval issued to him or her pursuant to NRS 453A.220 or 453A.250.
Sec. 35. NRS 453A.740 is hereby amended to read as follows:
453A.740 The Administrator of the Division shall adopt such regulations as the Administrator determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:
1. Procedures pursuant to which the Division will [,] issue a registry identification card or letter of approval or, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the Division will:
(a) Issue a registry identification card or letter of approval to a qualified person ; [after the card has been prepared by the Department of Motor Vehicles;] or
(b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:
κ2015 Statutes of Nevada, Page 3110 (CHAPTER 506, SB 447)κ
(1) The person presents to the Department of Motor Vehicles valid documentation issued by the Division indicating that the Division has approved the issuance of a registry identification card to the person; and
(2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the Division has approved the issuance of a registry identification card to the person.
2. That if the Division issues a registry identification card pursuant to subsection 1, the Division may charge and collect any fee authorized for the issuance of an identification card described in NRS 483.810 to 483.890, inclusive.
3. Fees for:
(a) Providing to an applicant an application for a registry identification card [,] or letter of approval, which fee must not exceed $25; and
(b) Processing and issuing a registry identification card [,] or letter of approval, which fee must not exceed $75.
Sec. 36. NRS 453A.800 is hereby amended to read as follows:
453A.800 The provisions of this chapter do not:
1. Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person for costs associated with the medical use of marijuana.
2. Require any employer to allow the medical use of marijuana in the workplace.
3. [Require] Except as otherwise provided in subsection 4, require an employer to modify the job or working conditions of a person who engages in the medical use of marijuana that are based upon the reasonable business purposes of the employer but the employer must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not:
(a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or
(b) Prohibit the employee from fulfilling any and all of his or her job responsibilities.
4. Prohibit a law enforcement agency from adopting policies and procedures that preclude an employee from engaging in the medical use of marijuana.
5. As used in this section, law enforcement agency means:
(a) The Office of the Attorney General, the office of a district attorney within this State or the State Gaming Control Board and any attorney, investigator, special investigator or employee who is acting in his or her professional or occupational capacity for such an office or the State Gaming Control Board; or
(b) Any other law enforcement agency within this State and any peace officer or employee who is acting in his or her professional or occupational capacity for such an agency.
κ2015 Statutes of Nevada, Page 3111 (CHAPTER 506, SB 447)κ
Sec. 36.3. Section 26 of chapter 547, Statutes of Nevada 2013, at page 3729, is hereby amended to read as follows:
Sec. 26. 1. This section and section 25.5 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 22.35 to 24.7, inclusive, and 25 of this act become effective upon passage and approval for the purpose of adopting regulations and carrying out other preparatory administrative acts, and on April 1, 2014, for all other purposes.
3. Sections 22.3 and 24.9 of this act become effective on April 1, [2016.] 2018.
4. Sections 14 and 15 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
Sec. 36.7. 1. The provisions of any regulation adopted by the Division of Public and Behavioral Health of the Department of Health and Human Services which conflict with the provisions of NRS 453A.350 or 453A.352, as amended by sections 26.5 and 27 of this act, are void and must not be given effect to the extent of the conflict.
2. The Division of Public and Behavioral Health shall amend or repeal any of its existing regulations that conflict or are inconsistent with the provisions of NRS 453A.350 and 453A.352, as amended by sections 26.5 and 27 of this act, as soon as practicable after July 1, 2015.
Sec. 37. This act becomes effective on July 1, 2015.
________
Assembly Bill No. 386Assemblymen Flores, Seaman, Dooling, Carrillo, Kirkpatrick; Dickman, Joiner, ONeill, Spiegel, Thompson, Titus, Wheeler and Woodbury
Joint Sponsors: Senators Denis and Kihuen
CHAPTER 507
[Approved: June 10, 2015]
AN ACT relating to real property; establishing supplemental procedures for the retaking of a dwelling subject to housebreaking or unlawful entry; establishing procedures for the retaking of a dwelling subject to forcible entry or forcible detainer; revising provisions relating to unlawful detainer; revising the procedures for removing a tenant who is guilty of an unlawful detainer; establishing the criminal offenses of housebreaking, unlawful entry and unlawful reentry; providing penalties; and providing other matters properly relating thereto.
κ2015 Statutes of Nevada, Page 3112 (CHAPTER 507, AB 386)κ
Legislative Counsels Digest:
Existing law sets forth procedures for the removal of a person who is guilty of forcible entry, forcible detainer or unlawful detainer. (NRS 40.230, 40.240, 40.280-40.420) Section 23 of this bill revises provisions governing the service of a notice to surrender by: (1) providing for different posting and mailing requirements; (2) eliminating the requirement that a witness be present for service if notice is served by a sheriff, constable or licensed process server; and (3) revising the contents of proof of service that must be filed with a court.
Existing law authorizes and sets forth a summary procedure for eviction of a tenant of certain types of properties who is guilty of unlawful detainer for: (1) continuing in possession of real property after the expiration of a specific term; (2) continuing in possession after expiration of a notice to surrender; (3) waste, nuisance, violation of certain lease terms and committing certain unlawful activities; and (4) failure to perform lease or agreement conditions or covenants. (NRS 40.254) Section 20 of this bill revises this summary procedure as it relates to the contents of certain notices served upon a tenant and the commencement and conduct of court proceedings in contested cases.
Existing law provides that a tenants neglect or failure to perform any condition or covenant of the lease or agreement under which property is held constitutes unlawful detainer and warrants the commencement of proceedings to remove the tenant. (NRS 40.2516) Section 17 of this bill revises the types of property to which these provisions apply and specifies the regular and summary procedures, if applicable, by which a landlord may remove a tenant from the property.
Existing law describes conduct which constitutes forcible entry and forcible detainer. (NRS 40.230, 40.240) Sections 11 and 12 of this bill revise the definitions of forcible entry and forcible detainer, establish requirements relating to a notice to surrender that must be served upon a person who commits forcible entry or forcible detainer and authorize the entry of judgment for three times the amount of actual damages for such offenses under certain circumstances. Section 2 of this bill establishes a procedure by which an owner of a dwelling that is the object of a housebreaking or unlawful occupancy may retake possession of and change the locks on the dwelling. Section 4 of this bill establishes a procedure by which an occupant who has been locked out of a dwelling may seek to recover possession of the dwelling.
Sections 45-48 of this bill set forth the acts which constitute the criminal offenses of housebreaking, unlawful occupancy and unlawful reentry and the penalties that attach upon conviction. Section 3 of this bill establishes a procedure by which the owner of a dwelling that was subject to forcible entry or forcible detainer may seek to recover possession of the dwelling.
Section 56 of this bill repeals a provision that authorizes treble damages in a recovery for a forcible or unlawful entry to certain types of real property.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 4, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, this section and sections 3 and 4 of this act, when all known unlawful or unauthorized adult occupants of a dwelling have been arrested for housebreaking or unlawful occupancy and all minor occupants are taken into the custody of the State, the owner of the dwelling may retake possession and change the locks on the dwelling.
κ2015 Statutes of Nevada, Page 3113 (CHAPTER 507, AB 386)κ
2. At the time an owner of a dwelling retakes possession or changes the locks of a dwelling pursuant to subsection 1, the owner or an authorized representative of the owner shall post a written notice on the dwelling. The notice must:
(a) Identify the address of the dwelling;
(b) Identify the court that has jurisdiction over any matter relating to the dwelling;
(c) Identify the date on which the owner took possession of the dwelling pursuant to subsection 1 or changed the locks; and
(d) Advise the unlawful or unauthorized occupant that:
(1) One or more locks on the dwelling have been changed as the result of an arrest for housebreaking or unlawful occupancy.
(2) The unlawful or unauthorized occupant has the right to contest the matter by filing a verified complaint for reentry with the court within 21 calendar days after the date indicated in paragraph (c). The complaint must be served upon the owner of the dwelling or the authorized representative of the owner at the address provided to the court with the filing of the written notice pursuant to subsection 3.
(3) Reentry of the property without a court order is a criminal offense, punishable by up to 4 years in prison.
(4) Except as otherwise provided in this subparagraph, the owner of the dwelling shall provide safe storage of any personal property which remains on the property. The owner may dispose of any personal property which remains on the property after 21 calendar days from the date indicated in paragraph (c) unless within that time the owner receives an affidavit or notice of hearing pursuant to section 3 of this act. The unlawful or unauthorized occupant may recover his or her personal property by filing an affidavit with the court pursuant to section 3 of this act within 21 calendar days after the date indicated in paragraph (c). The owner is entitled to payment of the reasonable and actual costs of inventory, moving and storage before releasing the personal property to the occupant.
3. The notice posted pursuant to subsection 2 must remain posted on the dwelling for not less than 21 calendar days. A copy of the notice must be filed with the court not later than 1 day after any locks are changed on the dwelling and must be accompanied by a statement which includes an address for service of any documents on the owner of the dwelling or an authorized representative of the owner.
4. This section does not apply if one or more unlawful or unauthorized occupants is occupying the dwelling.
5. As used in this section:
(a) Housebreaking has the meaning ascribed to it in section 46 of this act.
(b) Unlawful occupancy has the meaning ascribed to it in section 47 of this act.
Sec. 3. 1. In addition to the remedy provided in NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act, when a person who is guilty of forcible entry or forcible detainer fails, after the expiration of a written notice to surrender which was served pursuant to NRS 40.230 or 40.240, to surrender the real property to the owner of the real property or the occupant who is authorized by the owner to be in possession of the real property, the owner or occupant who is authorized by the owner may seek to recover possession of the real property pursuant to this section.
κ2015 Statutes of Nevada, Page 3114 (CHAPTER 507, AB 386)κ
property, the owner or occupant who is authorized by the owner may seek to recover possession of the real property pursuant to this section.
2. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property shall serve the notice to surrender on the unlawful or unauthorized occupant in accordance with the provisions of NRS 40.280.
3. In addition to the requirements set forth in subsection 2 of NRS 40.230 and subsection 2 of NRS 40.240, a written notice to surrender must:
(a) Identify the court that has jurisdiction over the matter.
(b) Advise the unlawful or unauthorized occupant:
(1) Of his or her right to contest the matter by filing, before the courts close of business on the fourth judicial day following service of the notice of surrender, an affidavit with the court that has jurisdiction over the matter stating the reasons why the unlawful or unauthorized occupant is not guilty of a forcible entry or forcible detainer.
(2) That if the court determines that the unlawful or unauthorized occupant is guilty of a forcible entry or forcible detainer, the court may issue a summary order for removal of the unlawful or unauthorized occupant or an order providing for the nonadmittance of the unlawful or unauthorized occupant, directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriffs or constables receipt of the order from the court.
(3) That, except as otherwise provided in this subparagraph, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner of the real property to be in possession of the real property shall provide safe storage of any personal property of the unlawful or unauthorized occupant which remains on the property. The owner, an authorized representative of the owner or the occupant may dispose of any personal property of the unlawful or unauthorized occupant remaining on the real property after 14 calendar days from the execution of an order for removal of the unlawful or unauthorized occupant or the compliance of the unlawful or unauthorized occupant with the notice to surrender, whichever comes first. The unlawful or unauthorized occupant must pay the owner, authorized representative of the owner or occupant for the reasonable and actual costs of inventory, moving and storage of the personal property before the personal property will be released to the unlawful or unauthorized occupant.
4. Upon service of the written notice to surrender pursuant to subsection 3, the unlawful or unauthorized occupant shall:
(a) Before the expiration of the notice, surrender the real property to the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property, in which case an affidavit of complaint may not be filed pursuant to subsection 5 and a summary order for removal may not be issued pursuant to subsection 6;
(b) Request that the court stay the execution of a summary order for removal, stating the reasons why such a stay is warranted; or
(c) Contest the matter by filing, before the courts close of business on the fourth judicial day following service of the notice to surrender, an affidavit with the court that has jurisdiction over the matter stating the reasons that the unlawful or unauthorized occupant is not guilty of a forcible entry or forcible detainer.
κ2015 Statutes of Nevada, Page 3115 (CHAPTER 507, AB 386)κ
forcible entry or forcible detainer. A file-stamped copy of the affidavit must be served by mail upon the issuer of the notice to surrender.
5. Upon expiration of the written notice to surrender, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may apply by affidavit of complaint for eviction to the justice court of the township in which the real property is located or the district court of the county in which the real property is located, whichever has jurisdiction over the matter. The affidavit of complaint for eviction must state or contain:
(a) The date on which the unlawful or unauthorized occupant forcibly entered or detained the real property or the date on which the applicant first became aware of the forcible entry or forcible detainer.
(b) A summary of the specific facts detailing how the alleged forcible entry or forcible detainer was or is being committed.
(c) A copy of the written notice to surrender that was served on the unlawful or unauthorized occupant.
(d) Proof of service of the written notice to surrender in compliance with NRS 40.280.
6. Upon the filing of the affidavit of complaint by the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property pursuant to subsection 5, the justice court or the district court, as applicable, shall determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If:
(a) The unlawful or unauthorized occupant has failed to timely file an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that sufficient evidence has been set forth in the affidavit of complaint to demonstrate that a forcible entry or forcible detainer has been committed by the unlawful or unauthorized occupant, the court must issue an order directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriffs or constables receipt of the order from the court.
(b) The unlawful or unauthorized occupant has timely filed an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that the affidavit fails to raise an element of a legal defense regarding the alleged forcible entry or forcible detainer, the court may rule on the matter without a hearing. If the court determines that sufficient evidence has been set forth in the affidavit of complaint to demonstrate that a forcible entry or forcible detainer has been committed by the unlawful or unauthorized occupant, the court must issue an order directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriffs or constables receipt of the order from the court, unless the court has stayed the execution of the order pursuant to a request pursuant to paragraph (b) of subsection 4.
(c) The unlawful or unauthorized occupant has timely filed an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that the affidavit raises an element of a legal defense regarding the alleged forcible entry or forcible detainer, the court must require the parties to appear at a hearing to determine the truthfulness and sufficiency of the evidence set forth in any affidavit.
κ2015 Statutes of Nevada, Page 3116 (CHAPTER 507, AB 386)κ
truthfulness and sufficiency of the evidence set forth in any affidavit. Such a hearing must be held within 7 judicial days after the filing of the affidavit of complaint.
(d) Upon review of the affidavits of any party or upon hearing, the court determines that:
(1) There is a legal defense as to the alleged forcible entry or forcible detainer, the court must refuse to grant either party any relief and, except as otherwise provided in this subsection, must require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act.
(2) The unlawful or unauthorized occupant gained entry or possession of the real property peaceably and as a result of an invalid lease, fraudulent act or misrepresentation by a person without the authority of the owner of the real property, the court may issue a summary order for the removal of the unlawful or unauthorized occupant but also may, within the discretion of the court, stay such order for a period sufficient to allow the unlawful or unauthorized occupant to vacate and remove his or her personal property. This period may not exceed 20 days.
7. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may, without incurring any civil or criminal liability, dispose of personal property abandoned on the real property by an unlawful or unauthorized occupant who is ordered removed by this section in the following manner:
(a) The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property shall reasonably provide for the safe storage of the abandoned personal property for 21 calendar days after the removal of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first, and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the abandoned personal property to the unlawful or unauthorized occupant or his or her authorized representative rightfully claiming the property within that period. The owner or the occupant is liable to the unlawful or unauthorized occupant only for negligent or wrongful acts in storing the abandoned personal property.
(b) After the expiration of the 21-day period, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may dispose of the abandoned personal property and recover his or her reasonable costs out of the personal property or the value thereof.
(c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.
(d) Any dispute relating to the amount of the costs claimed by the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property pursuant to paragraph (a) may be resolved by the court pursuant to a motion filed by the unlawful or unauthorized occupant and the payment of the appropriate fees relating to the filing and service of the motion. The motion must be filed within 14 calendar days after the removal of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first.
κ2015 Statutes of Nevada, Page 3117 (CHAPTER 507, AB 386)κ
of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first. Upon the filing of a motion by the unlawful or unauthorized occupant pursuant to this paragraph, the court shall schedule a hearing on the motion. The hearing must be held within 10 judicial days after the filing of the motion. The court shall affix the date of the hearing to the motion and mail a copy to the owner, an authorized representative of the owner or the occupant at the address on file with the court.
Sec. 4. 1. If the owner of a dwelling or an authorized representative of the owner locks an occupant out of the dwelling pursuant to section 2 of this act, the occupant may recover possession of the dwelling as provided in this section.
2. The occupant must file with the justice court of the township in which the dwelling is located a verified complaint for reentry, specifying:
(a) The facts of the lockout by the owner of the dwelling or the authorized representative of the owner; and
(b) The legal basis upon which reentry into the dwelling is warranted.
3. The court shall, after notice to both parties, hold a trial on the occupants verified complaint for reentry not later than 10 judicial days after the date on which the occupant files the verified complaint for reentry.
4. If the court finds that an unjustified lockout has occurred, the court must issue a writ of restitution, restoring possession of the dwelling to the occupant.
5. A party may appeal from the courts judgment at the trial on the verified complaint for reentry in the same manner as a party may appeal a judgment in an action for forcible detainer.
6. If the owner of the dwelling or the person on whom a writ of restitution is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the owner or the person on whom the writ was served, under chapter 22 of NRS.
7. This section does not affect:
(a) The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a landlord and tenant relationship exists between the parties; or
(b) The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.
Secs. 5-8. (Deleted by amendment.)
Sec. 9. NRS 40.215 is hereby amended to read as follows:
40.215 As used in NRS 40.215 to 40.425, inclusive, and sections 2 to 7, inclusive, of this act, unless the context requires otherwise:
1. Dwelling or dwelling unit means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
2. Landlords agent means a person who is hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands.
κ2015 Statutes of Nevada, Page 3118 (CHAPTER 507, AB 386)κ
service of process or receiving notices and demands. A landlords agent may also include a successor landlord or a property manager as defined in NRS 645.0195.
3. Mobile home means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a [dwelling] residence or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.
[2.] 4. Mobile home lot means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.
[3.] 5. Mobile home park or park means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. Mobile home park or park does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.
[4.] 6. Premises includes a mobile home.
[5.] 7. Recreational vehicle means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.
[6.] 8. Recreational vehicle lot means a portion of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.
[7.] 9. Recreational vehicle park means an area or tract of land where lots are rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.
10. Short-term tenancy means a tenancy in which rent is reserved by a period of 1 week and the tenancy has not continued for more than 45 days.
Sec. 10. NRS 40.220 is hereby amended to read as follows:
40.220 No entry shall be made upon or into any [lands, tenements] real property or other possessions but in cases where entry is given by law; and in such cases, only in a peaceable manner, not with strong hand nor with multitude of people.
Sec. 11. NRS 40.230 is hereby amended to read as follows:
40.230 1. Every person is guilty of a forcible entry who [either:
1. By breaking open doors, windows or other parts of a house, or by fraud, intimidation or stealth, or by] unlawfully enters any real property:
(a) By means of physical force resulting in damage to a structure on the real property;
(b) By any kind of violence or circumstance of terror [, enters upon or into any] ;
(c) Peaceably or otherwise and:
(1) Thereafter prevents the owner of the real property [;] from access or occupancy of the property by changing a lock; or
[2. Who, after entering peaceably upon real property, turns]
(2) Turns out by force, threats of violence or menacing conduct, the [party in natural] owner of the real property or an occupant who is authorized by the owner to be in possession [.] of the real property.
2. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act, after the expiration of the notice to surrender served by the owner, authorized representative of the owner or authorized occupant upon the person who committed the forcible entry.
κ2015 Statutes of Nevada, Page 3119 (CHAPTER 507, AB 386)κ
of the real property may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act, after the expiration of the notice to surrender served by the owner, authorized representative of the owner or authorized occupant upon the person who committed the forcible entry. The notice must:
(a) Inform the person who committed the forcible entry that he or she is guilty of forcible entry; and
(b) Afford the person who committed the forcible entry 4 judicial days to surrender the property.
3. If an owner of real property or an authorized representative of the owner recovers damages for a forcible entry, judgment may be entered for three times the amount at which the actual damages are assessed. As used in this section, actual damages means damages to real property and personal property.
Sec. 12. NRS 40.240 is hereby amended to read as follows:
40.240 1. Every person is guilty of a forcible detainer who either:
[1. By]
(a) Unlawfully holds and keeps the possession of any real property by force [, or by menaces] or threats of violence [, unlawfully holds and keeps the possession of any real property,] , or whether the [same] possession was acquired peaceably or otherwise; or
[2. Who, in the nighttime, or during the absence of the occupant of]
(b) Enters any real property [, unlawfully enters thereon,] without the authority of the owner of the property, an authorized representative of the owner or an occupant who is authorized by the owner to be in possession of the real property and who, after [demand made for the] receiving written notice to surrender [thereof, refuses for a period of 3 days] pursuant to subsection 2, fails to surrender the [same to such former occupant. The occupant of real property within the meaning of this subsection is one who, within 5 days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.] property.
2. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act, after the expiration of the notice to surrender served by the owner or authorized occupant upon the person who committed the forcible detainer. The notice must:
(a) Inform the person who committed the forcible detainer that he or she is guilty of a forcible detainer; and
(b) Afford the person who committed the forcible detainer 4 judicial days to surrender the property.
3. If an owner of real property or an authorized representative of the owner recovers damages for a forcible detainer, judgment may be entered for three times the amount at which the actual damages are assessed. As used in this section, actual damages means damages to real property and personal property.
Secs. 13-16. (Deleted by amendment.)
Sec. 17. NRS 40.2516 is hereby amended to read as follows:
40.2516 1. A tenant of real property , a dwelling unit, a recreational vehicle or a mobile home other than a mobile home lot or a recreational vehicle lot for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the real property , dwelling unit, recreational vehicle or mobile home is held, other than those mentioned in NRS 40.250 to [40.252,] 40.254, inclusive, [and NRS 40.254,] and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the real property, dwelling unit, recreational vehicle or mobile home, served upon the tenant, and, if there is a subtenant in actual occupation of the premises [,] or property, also upon the subtenant, remains uncomplied with for 5 days after the service thereof.
κ2015 Statutes of Nevada, Page 3120 (CHAPTER 507, AB 386)κ
tenant continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the real property , dwelling unit, recreational vehicle or mobile home is held, other than those mentioned in NRS 40.250 to [40.252,] 40.254, inclusive, [and NRS 40.254,] and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the real property, dwelling unit, recreational vehicle or mobile home, served upon the tenant, and, if there is a subtenant in actual occupation of the premises [,] or property, also upon the subtenant, remains uncomplied with for 5 days after the service thereof. Within [3] 5 days after the service, the tenant, or any subtenant in actual occupation of the premises [,] or property, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given.
2. If a tenant is guilty of an unlawful detainer pursuant to this section, the landlord may seek to recover possession of the real property, dwelling unit, recreational vehicle or mobile home pursuant to the provisions of NRS 40.254 or 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act.
Secs. 18 and 19. (Deleted by amendment.)
Sec. 20. NRS 40.254 is hereby amended to read as follows:
40.254 1. Except as otherwise provided by specific statute, in addition to the remedy provided in [NRS 40.251 and in] NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act when the tenant of a dwelling unit , [which is subject to the provisions of chapter 118A of NRS,] part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer [,] pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord [is entitled to] or the landlords agent may utilize the summary procedures for eviction as provided in NRS 40.253 except that [:
1. Written] written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS 40.280;
(b) Advise the tenant of the court that has jurisdiction over the matter; and
(c) Advise the tenant of the tenants right to [contest] :
(1) Contest the notice by filing [within 5 days] before the courts close of business on the fifth judicial day after the day of service of the notice an affidavit with the court that has jurisdiction over the matter [that] stating the reasons why the tenant is not guilty of an unlawful detainer [.
2.] ; or
(2) Request that the court stay the execution of the order for removal of the tenant or order providing for nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons why such a stay is warranted.
2. The affidavit of the landlord or the landlords agent submitted to the justice court or the district court must state or contain:
(a) The date when the tenancy commenced, the term of the tenancy [,] and, if any, a copy of the rental agreement . [.
κ2015 Statutes of Nevada, Page 3121 (CHAPTER 507, AB 386)κ
(b) The] If the rental agreement has been lost or destroyed, the landlord or the landlords agent may attach an affidavit or declaration, signed under penalty of perjury, stating such loss or destruction.
(b) The date when the tenancy or rental agreement allegedly terminated.
(c) The date when written notice to surrender was given to the tenant [became subject] pursuant to the provisions of NRS 40.251 [to] , 40.2514 or 40.2516, [inclusive,] together with any [supporting] facts [.
(d) The date when the] supporting the notice.
(d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with [NRS 40.280.] NRS 40.280 and, if applicable, a copy of the notice of change of ownership served on the tenant pursuant to NRS 40.255 if the property has been purchased as a residential foreclosure.
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result of the tenants violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorneys fees incurred by the landlord or the landlords agent as a result of a hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.
Sec. 21. NRS 40.255 is hereby amended to read as follows:
40.255 1. Except as otherwise provided in subsections 2 and 7, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3-day written notice to [quit] surrender has been served upon the person may be removed as prescribed in NRS 40.290 to 40.420, inclusive [:] , and sections 2, 3 and 4 of this act:
(a) Where the property or mobile home has been sold under an execution against the person, or against another person under whom the person claims, and the title under the sale has been perfected;
(b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by the person, or by another person under whom the person claims, and the title under the sale has been perfected;
(c) Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by the person, or by another person under whom the person claims, and the title under such sale has been perfected; or
(d) Where the property or mobile home has been sold by the person, or by another person under whom the person claims, and the title under the sale has been perfected.
2. If the property has been sold as a residential foreclosure, a tenant or subtenant in actual occupation of the premises, other than a person whose name appears on the mortgage or deed, who holds over and continues in possession of real property or a mobile home in any of the cases described in paragraph (b) or (c) of subsection 1 may be removed as prescribed in NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act after receiving a notice of the change of ownership of the real property or mobile home and after the expiration of a notice period beginning on the date the notice was received by the tenant or subtenant and expiring:
(a) For all periodic tenancies with a period of less than 1 month, after not less than the number of days in the period; and
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(b) For all other periodic tenancies or tenancies at will, after not less than 60 days.
3. During the notice period described in subsection 2:
(a) The new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to chapter 118A of NRS under the lease or rental agreement which the previous owner or landlord entered into with the tenant or subtenant regarding the property; and
(b) The tenant or subtenant continues to have the rights, obligations and liabilities that the tenant or subtenant had pursuant to chapter 118A of NRS under the lease or rental agreement which the tenant or subtenant entered into with the previous owner or landlord regarding the property.
4. The notice described in subsection 2 must contain a statement:
(a) Providing the contact information of the new owner to whom rent should be remitted;
(b) Notifying the tenant or subtenant that the lease or rental agreement the tenant or subtenant entered into with the previous owner or landlord of the property continues in effect through the notice period described in subsection 2; and
(c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the agreement or applicable law constitutes a breach of the lease or rental agreement and may result in eviction proceedings [.] , including, without limitation, proceedings conducted pursuant to NRS 40.253 and 40.254.
5. If the property has been sold as a residential foreclosure in any of the cases described in paragraph (b) or (c) of subsection 1, no person may enter a record of eviction for a tenant or subtenant who vacates a property during the notice period described in subsection 2.
6. If the property has been sold as a residential foreclosure in any of the cases described in paragraphs (b) or (c) of subsection 1, nothing in this section shall be deemed to prohibit:
(a) The tenant from vacating the property at any time before the expiration of the notice period described in subsection 2 without any obligation to the new owner of a property purchased pursuant to a foreclosure sale or trustees sale; or
(b) The new owner of a property purchased pursuant to a foreclosure sale or trustees sale from:
(1) Negotiating a new purchase, lease or rental agreement with the tenant or subtenant; or
(2) Offering a payment to the tenant or subtenant in exchange for vacating the premises on a date earlier than the expiration of the notice period described in subsection 2.
7. This section does not apply to the tenant of a mobile home lot in a mobile home park.
8. As used in this section, residential foreclosure means the sale of a single family residence pursuant to NRS 40.430 or under a power of sale granted by NRS 107.080. As used in this subsection, single family residence means a structure that is comprised of not more than four units.
Sec. 22. NRS 40.260 is hereby amended to read as follows:
40.260 In all cases of tenancy upon agricultural land where the tenant has held over and retained possession for more than 60 days after the expiration of the tenants term, without any demand of possession or notice to [quit] surrender by the landlord, or the successor in estate of the landlord, if any there be, the tenant shall be deemed to be holding by permission of the landlord, or the successor in the estate of the landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during the year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of the tenant to hold for another year.
κ2015 Statutes of Nevada, Page 3123 (CHAPTER 507, AB 386)κ
if any there be, the tenant shall be deemed to be holding by permission of the landlord, or the successor in the estate of the landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during the year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of the tenant to hold for another year.
Sec. 23. NRS 40.280 is hereby amended to read as follows:
40.280 1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, [may] must be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness . [;] If service is accomplished by the sheriff, constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, the presence of a witness is not required.
(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the tenants place of residence or place of business . [; or]
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.
2. The notices required by NRS 40.230 and 40.240 and section 3 of this act must be served upon an unlawful or unauthorized occupant:
(a) Except as otherwise provided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupant personally, in the presence of a witness. If service is accomplished by the sheriff, constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, the presence of a witness is not required.
(b) If the unlawful or unauthorized occupant is absent from the real property, by leaving a copy with a person of suitable age and discretion at the property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated. If the occupant is unknown, the notice must be addressed to Current Occupant.
(c) If a person of suitable age or discretion cannot be found at the real property, by posting a copy in a conspicuous place on the property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated. If the occupant is unknown, the notice must be addressed to Current Occupant.
3. Service upon a subtenant may be made in the same manner as provided in subsection 1.
[3. Before an]
4. Proof of service of any notice required by NRS 40.230 to 40.260, inclusive, must be filed with the court before:
(a) An order [to remove] for removal of a tenant is issued [pursuant to subsection 5 of NRS 40.253, a landlord shall file with the court a proof of service of any notice required by that section. Before a person may be removed as prescribed in NRS 40.290 to 40.420, inclusive, a landlord shall file with the court proof of service of any notice required pursuant to NRS 40.255. Except as otherwise provided in subsection 4, this proof] pursuant to NRS 40.253 or 40.254;
κ2015 Statutes of Nevada, Page 3124 (CHAPTER 507, AB 386)κ
(b) An order for removal of an unlawful or unauthorized occupant is issued pursuant to section 3 of this act; or
(c) A writ of restitution is issued pursuant to NRS 40.290 to 40.420, inclusive, and sections 2, 3 and 4 of this act.
5. Proof of service of an order or writ filed pursuant to subsection 4 must consist of:
(a) [A statement,] Except as otherwise provided in paragraphs (b) and (c):
(1) If the notice was served pursuant to paragraph (a) of subsection 1 or paragraph (a) of subsection 2, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, as applicable, and a witness, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date . [;
(b) A]
(2) If the notice was served pursuant to paragraph (b) or (c) of subsection 1 or paragraph (b) or (c) of subsection 2, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service [;] or confirmation of actual delivery by a private postal service.
[(c) The endorsement of]
(b) If the notice was served by a sheriff, a constable or [other] a person who is licensed as a process server pursuant to chapter 648 of NRS, a written statement, endorsed by the person who served the notice, stating the [time] date and manner of service.
[4. If] The statement must also include the number of the badge or license of the person who served the notice.
(c) For a short-term tenancy, if service of the notice was not delivered in person [to a tenant whose rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, proof of service must include:
(a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or the landlords agent; or
(b) The endorsement of a] :
(1) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or the landlords agent; or
(2) The endorsement of a sheriff or constable stating the:
[(1)] (I) Time and date the request for service was made by the landlord or the landlords agent;
[(2)] (II) Time, date and manner of the service; and
[(3) Fees paid for the service.]
(III) Fees paid for the service.
Sec. 24. NRS 40.330 is hereby amended to read as follows:
40.330 When, upon the trial of any proceeding under NRS 40.220 to 40.420, inclusive, and sections 2 to 7, inclusive, of this act, it appears from the evidence that the defendant has been guilty of either a forcible entry or forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance must be permitted upon account of such amendment, unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.
κ2015 Statutes of Nevada, Page 3125 (CHAPTER 507, AB 386)κ
Sec. 25. NRS 40.340 is hereby amended to read as follows:
40.340 The court or justice of the peace may for good cause shown adjourn the trial of any cause under NRS 40.220 to 40.420, inclusive, and sections 2 to 7, inclusive, of this act not exceeding 5 days; and when the defendant, or the defendants agent or attorney, shall make oath that the defendant cannot safely proceed to trial for want of some material witness, naming that witness, stating the evidence that the defendant expects to obtain, showing that the defendant has used due diligence to obtain such witness and believes that if an adjournment be allowed the defendant will be able to procure the attendance of such witness, or the witnesss deposition, in time to produce the same upon the trial, in which case, if such person or persons will give bond, with one or more sufficient sureties, conditioned to pay the [complainant] plaintiff for all rent that may accrue during the pending of such suit, and all costs and damages consequent upon such adjournment, the court or justice of the peace shall adjourn the cause for such reasonable time as may appear necessary, not exceeding 30 days.
Sec. 26. NRS 40.350 is hereby amended to read as follows:
40.350 If the [complainant] plaintiff admit that the evidence stated in the affidavit mentioned in NRS 40.340 would be given by such witness, and agree that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be adjourned.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 40.390 is hereby amended to read as follows:
40.390 In all cases of appeal under NRS 40.220 to 40.420, inclusive, and sections 2 to 7, inclusive, of this act, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted substantially according to the provisions of NRS 40.220 to 40.420, inclusive; and sections 2 to 7, inclusive, of this act, and amendments to the complaint, answer or summons, in matters of form only, may be allowed by the court at any time before final judgment upon such terms as may be just; and all matters of excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
Sec. 29. NRS 40.400 is hereby amended to read as follows:
40.400 The provisions of NRS, Nevada Rules of Civil Procedure , Justice Court Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to 40.420, inclusive, and sections 2 to 7, inclusive, of this act, apply to the proceedings mentioned in those sections.
Sec. 30. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $2,500.................................. $50.00
If the sum claimed exceeds $2,500 but does not exceed $5,000 100.00
If the sum claimed exceeds $5,000 but does not exceed $10,000 175.00
κ2015 Statutes of Nevada, Page 3126 (CHAPTER 507, AB 386)κ
In a civil action for unlawful detainer pursuant to NRS 40.290 to 40.420, inclusive, in which a notice to [quit] surrender has been served pursuant to NRS 40.255............................. $225.00
In all other civil actions........................................................................ 50.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000.................................. $45.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 65.00
If the sum claimed exceeds $2,500 but does not exceed $5,000 85.00
If the sum claimed exceeds $5,000 but does not exceed $7,500 125.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................................................ $50.00
For every additional defendant, appearing separately.................. 25.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention..................................... $25.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court, other than a writ of restitution..................... $25.00
(g) For the issuance of any writ of restitution..................................... $75.00
(h) For filing a notice of appeal, and appeal bonds........................... $25.00
One charge only may be made if both papers are filed at the same time.
(i) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.............................. $25.00
(j) For preparation and transmittal of transcript and papers on appeal $25.00
(k) For celebrating a marriage and returning the certificate to the county recorder or county clerk.............. $75.00
(l) For entering judgment by confession.............................................. $50.00
(m) For preparing any copy of any record, proceeding or paper, for each page.................................................... $.50
(n) For each certificate of the clerk, under the seal of the court........ $3.00
(o) For searching records or files in his or her office, for each year... $1.00
(p) For filing and acting upon each bail or property bond................ $50.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located.
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3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (k) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township.
4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:
(a) An amount equal to $5 of each fee collected pursuant to paragraph (k) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.
(b) One-half of the fees collected pursuant to paragraph (p) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.
6. Except as otherwise provided in subsection 7, the county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in that account must be used only to:
(a) Acquire land on which to construct additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;
(b) Construct or acquire additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;
(c) Renovate, remodel or expand existing facilities or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or a portion of a facility or the renovation, remodeling or expansion of an existing facility or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;
(e) Acquire advanced technology for the use of a justice court;
(f) Acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts;
(g) Pay for the training of staff or the hiring of additional staff to support the operation of a justice court;
(h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or for the construction, renovation, remodeling or expansion of facilities for a justice court or a multi-use facility that includes a justice court; and
(i) Pay for one-time projects for the improvement of a justice court.
Κ Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.
7. The county treasurer shall, if necessary, reduce on an annual basis the amount deposited into the special account pursuant to subsection 6 to ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013.
κ2015 Statutes of Nevada, Page 3128 (CHAPTER 507, AB 386)κ
ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013.
8. Each justice court that collects fees pursuant to this section shall submit to the board of county commissioners of the county in which the justice court is located an annual report that contains:
(a) An estimate of the amount of money that the county treasurer will deposit into the special account pursuant to subsection 6 from fees collected by the justice court for the following fiscal year; and
(b) A proposal for any expenditures by the justice court from the special account for the following fiscal year.
Sec. 31. NRS 21.130 is hereby amended to read as follows:
21.130 1. Before the sale of property on execution, notice of the sale, in addition to the notice required pursuant to NRS 21.075 and 21.076, must be given as follows:
(a) In cases of perishable property, by posting written notice of the time and place of sale in three public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.
(b) In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than 5 or more than 10 days before the sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there is one in the county, at least twice, the first publication being not less than 10 days before the date of the sale.
(c) In case of real property, by:
(1) Personal service upon each judgment debtor or by registered mail to the last known address of each judgment debtor and, if the property of the judgment debtor is operated as a facility licensed under chapter 449 of NRS, upon the State Board of Health;
(2) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold;
(3) Publishing a copy of the notice three times, once each week, for 3 successive weeks, in a newspaper, if there is one in the county. The cost of publication must not exceed the rate for legal advertising as provided in NRS 238.070. If the newspaper authorized by this section to publish the notice of sale neglects or refuses from any cause to make the publication, then the posting of notices as provided in this section shall be deemed sufficient notice. Notice of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, must be given only by posting in three public places in the county, one of which must be the courthouse;
(4) Recording a copy of the notice in the office of the county recorder; and
(5) If the sale of property is a residential foreclosure, posting a copy of the notice in a conspicuous place on the property. In addition to the requirements of NRS 21.140, the notice must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.
κ2015 Statutes of Nevada, Page 3129 (CHAPTER 507, AB 386)κ
2. If the sale of property is a residential foreclosure, the notice must include, without limitation:
(a) The physical address of the property; and
(b) The contact information of the party who is authorized to provide information relating to the foreclosure status of the property.
3. If the sale of property is a residential foreclosure, a separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the judgment debtor, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 1. The separate notice must be in substantially the following form:
NOTICE TO TENANTS OF THE PROPERTY
Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.
You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.
Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.
After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.
Under the Nevada Revised Statutes, eviction proceedings may begin against you after you have been given a notice to [quit.] surrender.
If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.
If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes and may be served by:
(1) Delivering a copy to you personally in the presence of a witness [;] , unless service is accomplished by a sheriff, constable or licensed process server, in which case the presence of a witness is not required;
(2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business [;] and to the place where the leased property is situated, if different; or
κ2015 Statutes of Nevada, Page 3130 (CHAPTER 507, AB 386)κ
(3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property [, delivering a copy to a person residing there, if a person can be found,] and mailing a copy to you at the place where the leased property is [.] situated.
If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.
Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a summons and complaint;
(2) If you do not file an answer, an order evicting you by default may be obtained against you;
(3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and
(4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.
4. The sheriff shall not conduct a sale of the property on execution or deliver the judgment debtors property to the judgment creditor if the judgment debtor or any other person entitled to notice has not been properly notified as required in this section and NRS 21.075 and 21.076.
5. As used in this section, residential foreclosure means the sale of a single family residence pursuant to NRS 40.430. As used in this subsection, single family residence means a structure that is comprised of not more than four units.
Sec. 32. NRS 107.087 is hereby amended to read as follows:
107.087 1. In addition to the requirements of NRS 107.080, if the sale of property is a residential foreclosure, a copy of the notice of default and election to sell and the notice of sale must:
(a) Be posted in a conspicuous place on the property not later than:
(1) For a notice of default and election to sell, 100 days before the date of sale; or
(2) For a notice of sale, 15 days before the date of sale; and
(b) Include, without limitation:
(1) The physical address of the property; and
(2) The contact information of the trustee or the person conducting the foreclosure who is authorized to provide information relating to the foreclosure status of the property.
2. In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.
3. A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantors successor in interest, in actual occupation of the premises not later than 15 days before the date of sale.
κ2015 Statutes of Nevada, Page 3131 (CHAPTER 507, AB 386)κ
Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantors successor in interest, in actual occupation of the premises not later than 15 days before the date of sale. The separate notice must be in substantially the following form:
NOTICE TO TENANTS OF THE PROPERTY
Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.
You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.
Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.
After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.
Under the Nevada Revised Statutes eviction proceedings may begin against you after you have been given a notice to [quit.] surrender.
If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.
If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes and may be served by:
(1) Delivering a copy to you personally in the presence of a witness [;] , unless service is accomplished by a sheriff, constable or licensed process server, in which case the presence of a witness is not required;
(2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business [;] and to the place where the leased property is situated, if different; or
(3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property [, delivering a copy to a person residing there, if a person can be found,] and mailing a copy to you at the place where the leased property is [.] situated.
κ2015 Statutes of Nevada, Page 3132 (CHAPTER 507, AB 386)κ
If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.
Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a summons and complaint;
(2) If you do not file an answer, an order evicting you by default may be obtained against you;
(3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and
(4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.
4. The posting of a notice required by this section must be completed by a process server licensed pursuant to chapter 648 of NRS or any constable or sheriff of the county in which the property is located.
5. As used in this section, residential foreclosure has the meaning ascribed to it in NRS 107.080.
Sec. 33. NRS 116.4112 is hereby amended to read as follows:
116.4112 1. A declarant of a common-interest community containing converted buildings, and any dealer who intends to offer units in such a common-interest community, shall give each of the residential tenants and any residential subtenant in possession of a portion of a converted building notice of the conversion and provide those persons with the public offering statement no later than 120 days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than 120 days notice, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession. If, during the 6-month period before the recording of a declaration, a majority of the tenants or any subtenants in possession of any portion of the property described in such declaration has been required to vacate for reasons other than nonpayment of rent, waste or conduct that disturbs other tenants peaceful enjoyment of the premises, a rebuttable presumption is created that the owner of such property intended to offer the vacated premises as units in a common-interest community at all times during that 6-month period.
2. For 60 days after delivery or mailing of the notice described in subsection 1, the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that 60-day period, the offeror may not offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant.
κ2015 Statutes of Nevada, Page 3133 (CHAPTER 507, AB 386)κ
offeror may not offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a converted building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.
3. If a seller, in violation of subsection 2, conveys a unit to a purchaser for value who has no knowledge of the violation, the recordation of the deed conveying the unit or, in a cooperative, the conveyance of the unit, extinguishes any right a tenant may have under subsection 2 to purchase that unit if the deed states that the seller has complied with subsection 2, but the conveyance does not affect the right of a tenant to recover damages from the seller for a violation of subsection 2.
4. If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of NRS 40.251 and 40.280, the notice also constitutes a notice to [vacate] surrender specified by those sections.
5. This section does not permit termination of a lease by a declarant in violation of its terms.
Sec. 34. (Deleted by amendment.)
Sec. 35. NRS 118A.180 is hereby amended to read as follows:
118A.180 1. Except as otherwise provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this State.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B of NRS;
(b) Low-rent housing programs operated by public housing authorities and established pursuant to the United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;
(c) Residence in an institution, public or private, incident to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(d) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his or her successor in interest;
(e) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(f) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period;
(g) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises;
(h) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment; [or]
(i) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes [.] ; or
(j) Occupancy by a person who is guilty of a forcible entry, as defined in NRS 40.230, or a forcible detainer, as defined in NRS 40.240.
Sec. 36. (Deleted by amendment.)
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Sec. 37. NRS 118B.086 is hereby amended to read as follows:
118B.086 1. Each manager and assistant manager of a manufactured home park which has 2 or more lots shall complete annually 6 hours of continuing education relating to the management of a manufactured home park.
2. The Administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.
3. The instruction must include, but is not limited to, information relating to:
(a) The provisions of chapter 118B of NRS;
(b) Leases and rental agreements;
(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive [;] , and sections 2 to 7, inclusive, of this act;
(d) The resolution of complaints and disputes concerning landlords and tenants of manufactured home parks; and
(e) The adoption and enforcement of the rules and regulations of a manufactured home park.
4. Each course of instruction and the instructor of the course must be approved by the Administrator. The Administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The Administrator may require submission of such reasonable information by an applicant as the Administrator deems necessary to determine the suitability of the instructor and the course. The Administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the Administrator shall designate the number of hours of credit allowable for the course.
Secs. 38 and 39. (Deleted by amendment.)
Sec. 40. NRS 118B.190 is hereby amended to read as follows:
118B.190 1. A written agreement between a landlord and tenant for the rental or lease of a manufactured home lot in a manufactured home park in this State, or for the rental or lease of a lot for a recreational vehicle in an area of a manufactured home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection [6] 8 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:
(a) Except as otherwise provided in paragraph (b), 5 days in advance if the termination is because the conduct of the tenant constitutes a nuisance as defined in NRS 40.140 or violates a state law or local ordinance.
(b) Three days in advance upon the issuance of temporary writ of restitution pursuant to NRS 40.300 on the grounds that a nuisance as defined in NRS 40.140 has occurred in the park by the act of a tenant or any guest, visitor or other member of a tenants household consisting of any of the following specific activities:
(1) Discharge of a weapon.
(2) Prostitution.
(3) Illegal drug manufacture or use.
(4) Child molestation or abuse.
(5) Property damage as a result of vandalism.
(6) Operating a vehicle while under the influence of alcohol or any other controlled substance.
(7) Elder molestation or abuse.
κ2015 Statutes of Nevada, Page 3135 (CHAPTER 507, AB 386)κ
(c) Except as otherwise provided in subsection 6, 10 days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.
(d) One hundred eighty days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.
(e) Forty-five days in advance if the termination is for any other reason.
2. The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity pursuant to this subsection.
3. The service of such a notice does not enhance the landlords right, if any, to enter the tenants manufactured home. Except in an emergency, the landlord shall not enter the manufactured home of the tenant served with such a notice without the tenants permission or a court order allowing the entry.
4. If a tenant remains in possession of the manufactured home lot after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenants continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.
5. The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.
6. Notwithstanding any provision of NRS 40.215 to 40.425, inclusive, and sections 2 to 7, inclusive, of this act, if a tenant who is not a natural person has received three notices for nonpayment of rent in accordance with subsection 1, the landlord is not required to give the tenant a further 10-day notice in advance of termination if the termination is because of failure to pay rent, utility charges or reasonable service fees.
Sec. 41. NRS 118B.200 is hereby amended to read as follows:
118B.200 1. Notwithstanding the expiration of a period of a tenancy or service of a notice pursuant to subsection 1 of NRS 118B.190, the rental agreement described in NRS 118B.190 may not be terminated except on one or more of the following grounds:
(a) Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;
(b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
(c) Conduct of the tenant in the manufactured home park which constitutes an annoyance to other tenants;
κ2015 Statutes of Nevada, Page 3136 (CHAPTER 507, AB 386)κ
(d) Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
(e) A change in the use of the land by the landlord pursuant to NRS 118B.180;
(f) Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance, specifically including, without limitation:
(1) Discharge of a weapon;
(2) Prostitution;
(3) Illegal drug manufacture or use;
(4) Child molestation or abuse;
(5) Elder molestation or abuse;
(6) Property damage as a result of vandalism; and
(7) Operating a motor vehicle while under the influence of alcohol or any other controlled substance; or
(g) In a manufactured home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:
(1) Are set forth in the lease signed by the tenant; and
(2) Comply with federal, state and local law.
2. A tenant who is not a natural person and who has received three or more 10-day notices to [quit] surrender for failure to pay rent in the preceding 12-month period may have his or her tenancy terminated by the landlord for habitual failure to pay timely rent.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 203.110 is hereby amended to read as follows:
203.110 Except as otherwise provided in sections 46 and 47 of this act:
1. Every person who shall unlawfully use, or encourage or assist another in unlawfully using, any force or violence in entering upon or detaining any lands or other possessions of another; and [every]
2. Every person who, having removed or been removed [therefrom] from any lands or possessions of another pursuant to the order or direction of any court, tribunal or officer, shall afterward unlawfully return to settle or reside upon, or take possession of, such lands or possessions,
Κ shall be guilty of a misdemeanor.
Sec. 44. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 to 48, inclusive, of this act.
Sec. 45. As used in sections 45 to 48, inclusive, of this act, dwelling means a structure or part thereof that is designed or intended for occupancy as a residence or sleeping place.
Sec. 46. 1. A person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.
2. A person convicted of housebreaking is guilty of:
(a) For a first offense, a gross misdemeanor; and
(b) For a second and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
κ2015 Statutes of Nevada, Page 3137 (CHAPTER 507, AB 386)κ
3. A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking must not be released on probation or granted a suspension of sentence.
4. As used in this section, forcibly enters means an entry involving:
(a) Any act of physical force resulting in damage to the structure; or
(b) The changing or manipulation of a lock to gain access.
Sec. 47. 1. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy.
2. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person who is accused of unlawful occupancy pursuant to subsection 1 and has previously been convicted two times of housebreaking, unlawful occupancy or any lesser included or related offense, or any combination thereof, arising from the same set of facts is presumed to have obtained residency of the dwelling with the knowledge that:
(a) Any asserted lease is invalid; and
(b) Neither the owner nor an authorized representative of the owner permitted the residency.
Sec. 48. 1. A person is guilty of unlawful reentry if:
(a) An owner of real property has recovered possession of the property from the person pursuant to section 2 or 3 of this act; and
(b) Without the authority of the court or permission of the owner, the person reenters the property.
2. A person convicted of unlawful reentry is guilty of a gross misdemeanor.
Secs. 49-52. (Deleted by amendment.)
Sec. 53. NRS 315.041 is hereby amended to read as follows:
315.041 1. Except as otherwise required by federal law or regulation, or as a condition to the receipt of federal money, a housing authority or a landlord shall, immediately upon learning of facts indicating that a tenant is required pursuant to NRS 315.031 to vacate public housing, serve upon the tenant a written notice which:
(a) States that the tenancy is terminated at noon of the fifth full day following the day of service, and that the tenant must surrender the premises at or before that time;
(b) Sets forth the facts upon which the tenant is required to vacate the premises pursuant to NRS 315.031;
(c) Advises the tenant of the tenants right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace denying the occurrence of the conditions set forth in NRS 315.031; and
(d) Contains any other matter required by federal law or regulation regarding the eviction of the tenant from those premises, or as a condition to the receipt of federal money.
Κ If the tenant timely files the affidavit and provides the housing authority or the landlord with a copy of the affidavit, stamped as filed with the justice of the peace, the housing authority or the landlord shall not refuse the tenant, or any person who resides with the tenant, access to the premises.
2. Upon noncompliance with the notice:
κ2015 Statutes of Nevada, Page 3138 (CHAPTER 507, AB 386)κ
(a) The housing authority or the landlord shall apply by affidavit to the justice of the peace of the township where the premises are located. If it appears to the justice of the peace that the conditions set forth in NRS 315.031 have occurred and that the tenant is required by that section to vacate the premises, the justice of the peace shall issue an order directing the sheriff or constable of the county to remove the tenant and any other person on the premises within 24 hours after receipt of the order. The affidavit required by this paragraph must contain:
(1) The date when, and the facts upon which, the tenant became required to vacate the premises.
(2) The date when the written notice was given, a copy of the notice and a statement that the notice was served as provided in NRS 315.051.
(b) Except when the tenant has timely filed the affidavit described in subsection 1 and provides the housing authority or the landlord with a copy of the affidavit, stamped as filed with the justice of the peace, the housing authority or the landlord may, in a peaceable manner, refuse the tenant, and any person who resides with the tenant, access to the premises.
3. Upon the filing by the tenant of the affidavit authorized by subsection 1 and the filing by the housing authority or the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that the conditions set forth in NRS 315.031 have occurred and that the tenant is required by that section to vacate the premises, the justice of the peace shall issue a summary order for removal of the tenant and any other person on the premises, or an order refusing the tenant, and any person who resides with the tenant, admittance to the premises. If the justice of the peace determines that the conditions set forth in NRS 315.031 have not occurred and that the tenant is not required by that section to vacate the premises, the justice of the peace shall refuse to grant any relief.
4. The provisions of NRS 40.215 to 40.425, inclusive, and sections 2 to 7, inclusive, of this act do not apply to any proceeding brought pursuant to the provisions of NRS 315.011 to 315.071, inclusive.
Sec. 54. NRS 326.070 is hereby amended to read as follows:
326.070 1. All lands in this state shall be deemed and regarded as public lands until the legal title is known to have passed from the government to private persons.
2. Every person who shall have complied with the provisions of NRS 326.010 to 326.070, inclusive, shall be deemed and held to have the right or title of possession of all the lands embraced within the survey, not to exceed 160 acres; and any person who shall thereafter, without the consent of the person so complying, enter into or upon such lands adversely, shall be deemed and held guilty of an unlawful and fraudulent entry thereon, and may be removed therefrom by proceedings had before any justice of the peace of the township in which the lands are situated. Such proceedings may be commenced and prosecuted under the provisions of NRS 40.220 to 40.420, inclusive, and sections 2 to 7, inclusive, of this act and all the provisions contained in those sections are made applicable to proceedings under NRS 326.010 to 326.070, inclusive.
Sec. 55. (Deleted by amendment.)
Sec. 56. NRS 40.170 is hereby repealed.
________
κ2015 Statutes of Nevada, Page 3139κ
Assembly Bill No. 445Committee on Government Affairs
CHAPTER 508
[Approved: June 10, 2015]
AN ACT relating to redevelopment; requiring a portion of the revenues from taxes imposed on property in certain redevelopment areas to be set aside and used for public educational facilities; revising provisions relating to the extension of certain redevelopment plans; revising provisions relating to the recalculation of the total assessed value of taxable property in certain redevelopment areas; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a redevelopment plan, and any amendments to the plan, adopted by the redevelopment agency of a city or county on or after January 1, 1991, terminates not later than 30 years after the date on which the original redevelopment plan was adopted. (NRS 279.439) Except for a redevelopment area that includes real property conveyed by the Federal Government which contains certain abandoned mine or milling facilities, section 3 of this bill extends to a maximum of 45 years the date of termination of such a redevelopment plan, and any amendments to the plan, adopted by a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more (currently the City of Henderson) if the city council adopts the extension of the plan by ordinance. If such an ordinance is adopted, section 1 of this bill requires that 18 percent of the revenues received from taxes on the taxable property located in the redevelopment area affected by the ordinance on or after the effective date of the ordinance be set aside to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. Section 1 also provides that the obligation to set aside such revenues is subordinate to any existing obligations of the agency.
Under existing law, the date of termination of a redevelopment plan and any amendments to the plan adopted before January 1, 1991, by a redevelopment agency of a city whose population is 500,000 or more (currently the City of Las Vegas) is authorized to be extended by ordinance adopted by the city council of that city from a maximum of 45 years to 60 years if the following conditions exist on the date on which the extension is adopted: (1) the assessed value of each redevelopment project in the redevelopment area is not less than the assessed value of the redevelopment project in the year in which the redevelopment plan was adopted; (2) the assessed value of the redevelopment area is not less than 75 percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted; and (3) the agency has $100 million or more in total outstanding indebtedness represented by bonds and other securities. (NRS 279.438) Section 2 of this bill changes the assessed value requirement in the first condition from the basis of each individual redevelopment project to the aggregate of redevelopment projects in the redevelopment area and eliminates the third condition.
Under existing law, a redevelopment agency in a city located in a county whose population is 700,000 or more (currently Clark County) is authorized to adopt, in certain circumstances, an ordinance which provides for the recalculation of the total assessed value of the taxable property in a redevelopment area for certain purposes. If such a redevelopment agency adopts such an ordinance and receives certain revenue from taxes, existing law requires that 18 percent of the revenue received on or after the effective date of the ordinance be set aside to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. (NRS 279.676) Section 3.5 of this bill revises the application of the recalculated assessed value in the tax distribution formula for the redevelopment area and specifies that the revenue received by the agency is from taxes on the taxable property located in the redevelopment area affected by the ordinance that is adopted.
κ2015 Statutes of Nevada, Page 3140 (CHAPTER 508, AB 445)κ
Section 3.5 of this bill revises the application of the recalculated assessed value in the tax distribution formula for the redevelopment area and specifies that the revenue received by the agency is from taxes on the taxable property located in the redevelopment area affected by the ordinance that is adopted.
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 279 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, an agency of a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more that adopts an ordinance pursuant to subsection 3 of NRS 279.439 and which receives revenue pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance shall set aside not less than 18 percent of such revenue received on or after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. The provisions of this subsection do not apply if such an agency is required pursuant to subsection 6 of NRS 279.676 to set aside not less than 18 percent of revenue received pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 5 of NRS 279.676 on or after the effective date of that ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in this subsection and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
2. The obligation of an agency pursuant to subsection 1 to set aside not less than 18 percent of the revenue allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 3 of NRS 279.439 is subordinate to any existing obligations of the agency. As used in this subsection, existing obligations means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before the effective date of the ordinance adopted by the agency pursuant to subsection 3 of NRS 279.439, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency on or after the effective date of the ordinance adopted by the agency pursuant to subsection 3 of NRS 279.439 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.
κ2015 Statutes of Nevada, Page 3141 (CHAPTER 508, AB 445)κ
NRS 279.439 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.
Sec. 2. NRS 279.438 is hereby amended to read as follows:
279.438 1. A redevelopment plan adopted before January 1, 1991, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or:
(a) With respect to a redevelopment plan adopted by the agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later.
(b) With respect to any other redevelopment plan, including a redevelopment plan adopted by an agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are not met, 45 years after the date on which the original redevelopment plan was adopted, whichever is later.
2. A redevelopment plan adopted by an agency of a city whose population is 500,000 or more may terminate on the date prescribed by paragraph (a) of subsection 1 only if the legislative body adopts an extension of the redevelopment plan by ordinance and, on the date on which the extension is adopted:
(a) The assessed value of [each] the aggregate number of redevelopment [project] projects in the redevelopment area is not less than the assessed value of the aggregate number of redevelopment [project] projects in the year in which the redevelopment plan was adopted; and
(b) The assessed value of the redevelopment area is not less than 75 percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted . [; and
(c) The agency has $100 million or more in total outstanding indebtedness represented by bonds and other securities.]
Sec. 3. NRS 279.439 is hereby amended to read as follows:
279.439 [A]
1. Except as otherwise provided in subsections 2 and 3, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 30 years after the date on which the original redevelopment plan is adopted.
2. Except for a redevelopment area described in subsection 2 of section 1 of Senate Bill No. 297 of this session, a redevelopment plan, and any amendments to the plan, adopted on or after January 1, 1991, by an agency of a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more that meets the requirement of subsection 3 must terminate not later than 45 years after the date on which the original redevelopment plan is adopted.
3. A redevelopment plan, and any amendments to the plan, may terminate on the date prescribed by subsection 2 only if the legislative body adopts an extension of the redevelopment plan by ordinance.
Sec. 3.5. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
κ2015 Statutes of Nevada, Page 3142 (CHAPTER 508, AB 445)κ
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on the assessment roll last equalized before the date on which the property was transferred to the State must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.
(b) Except as otherwise provided in paragraphs (c) and (d) and NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by:
(1) The assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan; or
(2) The assessment roll last equalized before the effective date of an ordinance adopted pursuant to subsection 5,
Κ whichever occurs later, less the assessed valuation of any exempt property subtracted pursuant to paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.
κ2015 Statutes of Nevada, Page 3143 (CHAPTER 508, AB 445)κ
(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:
(a) In a county whose population is 100,000 or more or a city whose population is 150,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a county whose population is 30,000 or more but less than 100,000 or a city whose population is 25,000 or more but less than 150,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
(c) In a county whose population is less than 30,000 or a city whose population is less than 25,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 20 percent of the total assessed valuation of the municipality.
Κ If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a), (b) or (c) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
5. If in any year the assessed value of the taxable property in a redevelopment area located in a city in a county whose population is 700,000 or more as shown by the assessment roll most recently equalized has decreased by 10 percent or more from the assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan, the redevelopment agency may adopt an ordinance which provides that the total assessed value of the taxable property in the redevelopment area for the purposes of [paragraph] paragraphs (a) and (b) of subsection 1 is the total assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance adopted pursuant to this subsection. A redevelopment agency may adopt an ordinance pursuant to this subsection only once, and the election to adopt such an ordinance is irrevocable.
6. An agency which adopts an ordinance pursuant to subsection 5 and which receives revenue [from taxes] pursuant to paragraph (b) of subsection 1 from taxes on the taxable property located in the redevelopment area affected by the ordinance shall set aside not less than 18 percent of that revenue received on and after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area.
κ2015 Statutes of Nevada, Page 3144 (CHAPTER 508, AB 445)κ
affected by the ordinance shall set aside not less than 18 percent of that revenue received on and after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in this subsection and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
7. The obligation of an agency pursuant to subsection 6 to set aside not less than 18 percent of the revenue [from taxes] allocated to and received by the agency pursuant to paragraph (b) of subsection 1 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 5 is subordinate to any existing obligations of the agency. As used in this subsection, existing obligations means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by an agency before the effective date of an ordinance adopted by the agency pursuant to subsection 5, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency on or after the effective date of an ordinance adopted by the agency pursuant to subsection 5 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.
Sec. 4. NRS 279.680 is hereby amended to read as follows:
279.680 Except as otherwise provided in NRS 279.685 [,] and section 1 of this act, in any redevelopment plan, or in the proceedings for the advance of money, or the making of loans, or the incurring of any indebtedness, whether funded, refunded, assumed or otherwise, by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project, the portion of taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be irrevocably pledged for the payment of the principal of and interest on those loans, advances or indebtedness.
Sec. 5. NRS 279.687 is hereby amended to read as follows:
279.687 A school district shall not use any money received pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 279.685 , [or] paragraph (c) of subsection 1 of NRS 279.685 or section 1 of this act to reduce or supplant the amount of any money which the school district would otherwise expend for the purposes described in subparagraph (2) of paragraph (b) of subsection 1 of NRS 279.685 , [and] paragraph (c) of subsection 1 of NRS 279.685 [,] and section 1 of this act, respectively.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to the reporting requirements of section 1 of this act.
Sec. 7. This act becomes effective on July 1, 2015.
________
κ2015 Statutes of Nevada, Page 3145κ
Assembly Bill No. 462Committee on Legislative Operations and Elections
CHAPTER 509
[Approved: June 10, 2015]
AN ACT relating to elections; revising the definitions of certain terms relating to elections; increasing the maximum number of registered voters that may be included in an election precinct; providing that election board officers are appointed for polling places; eliminating the requirements for county clerks to publish the full text of a statewide measure or county referendum three times; revising the requirements for certain information on ballots; revising requirements related to voter signatures at polling places; revising requirements relating to the publication of names of registered voters at polling places; revising certain information required for documents prepared during early voting; authorizing election officials to establish a system for registered voters to elect to receive sample ballots by electronic means; clarifying provisions governing the confidentiality of certain information relating to registered voters; protecting the confidentiality of electronic mail addresses provided by registered voters to election officials; making various other changes relating to elections; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines rosters, sample ballots and tally lists that are used in elections. (NRS 293.095, 293.097, 293.113) Sections 2-4 of this bill clarify that such items may be electronic.
The terms election board register and roster are defined terms that are used interchangeably throughout the provisions of law relating to elections. (NRS 293.040, 293.053, 293.095, 293.250, 293.273, 293.275, 293.277, 293.283, 293.285, 293.287, 293.303, 293.3082, 293.333, 293.3585, 293.3604, 293.363, 293.373, 293.391, 293.510, 293.511, 293.524, 293.525, 293.533, 293.541, 293.547, 293.548, 293.563, 293C.267, 293C.270, 293C.272, 293C.275, 293C.277, 293C.292, 293C.332, 293C.3585, 293C.3604, 293C.362, 293C.375, 293C.525, 293C.535) Section 75 of this bill repeals the term election board register, and sections 13-16, 18, 29, 31-39, 46-48, 50, 61, 62 and 64 of this bill replace the term election board register with roster.
Existing law requires an election precinct to have a maximum of 1,500 registered voters. (NRS 293.207) Section 6 of this bill increases the maximum number to 3,000 registered voters.
Existing law provides that each county or city clerk shall appoint election board officers for the various precincts and districts in the county or city, as applicable. (NRS 293.217, 293C.220) Sections 7 and 43 of this bill clarify that election board officers are appointed for the polling places in the county and the polling places and precincts in each city. Sections 1, 8, 9, 12, 13, 19-23, 27, 30, 39, 44, 45, 51-55, 59 and 66 of this bill make corresponding changes.
Existing law requires a county clerk to publish a copy of the full text of any proposed constitution, constitutional amendment, statewide measure, including a state referendum, and county referendum along with its condensation, explanation, arguments, rebuttals and fiscal note three times in a newspaper of general circulation in the county. (NRS 293.253, 295.045, 295.160) Sections 10, 67 and 68 of this bill eliminate the requirements to publish the full text of a statewide measure three times, including a statewide referendum, and a county referendum.
κ2015 Statutes of Nevada, Page 3146 (CHAPTER 509, AB 462)κ
Existing law provides for the ballots for a general election to include the name of an independent candidate for a partisan office followed by the word independent or the abbreviation IND. (NRS 293.267) Section 11 of this bill provides for the use of the words no political party or the abbreviation NPP to follow the name of an independent candidate instead.
Existing law requires an election board officer in charge of the roster to announce the name of a voter applying to vote and take the voters signature to verify that it matches the signature or facsimile thereof in the original application. (NRS 293.285, 293.3585, 293C.275, 293C.3585) Existing law also provides that if the voter is unable to sign his or her name, the voter must be identified by answering questions covering the personal data from the original application. (NRS 293.283, 293C.272) Sections 14.5, 15, 24, 46.5, 47 and 56 of this bill provide that if the voter is unable to sign his or her name or the voters signature does not match, the voter must be identified by: (1) answering questions covering the personal data from the application; (2) providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or (3) providing certain proof of identification. If the voters signature has changed in comparison to the signature on the application, the voter must update his or her signature.
Existing law requires an alphabetical listing of all registered voters for each precinct to be posted in a public area of each polling place in a county and city and for an election board officer to identify at certain times the names of each voter who has voted. (NRS 293.301, 293C.290) Sections 17 and 49 of this bill authorize the county or city clerk of each county or city to: (1) require an election board officer to post the alphabetical listing at each precinct; or (2) publish on the Internet website of the county or city clerk, as applicable, the alphabetical listing of all registered voters for each precinct in the county or city, respectively. Regardless of which option is selected by the county or city clerk, sections 17 and 49 require the alphabetical listings to be updated during the election.
Existing law provides that a voters precinct or voting district number must be included in certain documents used during early voting. (NRS 293.3585, 293.3604, 293C.3585, 293C.3604) Sections 24-26 and 56-58 of this bill clarify that during early voting, the precinct or voting district number must be included on the roster and the voting receipt if that information is available. The statements prepared by the election board and the ballots do not require the precinct or voting district number and are not required to be sorted by precinct or voting district at the close of early voting.
Existing law requires each county and city clerk to mail a sample ballot to each registered voter in the applicable county or city. (NRS 293.565, 293C.530) Sections 40 and 63 of this bill authorize each county and city clerk to establish a system to distribute a sample ballot by electronic means to each registered voter who elects to receive sample ballots in that manner. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. Sections 3, 41 and 69-74 of this bill make conforming changes.
Existing law provides that certain information relating to a registered voter is confidential and that a registered voter may submit a written request to the county clerk to have his or her address and telephone number withheld from the public. (NRS 293.558) Section 38.5 of this bill clarifies that the following information relating to a registered voter is confidential: (1) the address and telephone number of the registered voter if requested by the registered voter; (2) an electronic mail address provided by the registered voter to carry out any state or federal law relating to the voting process, including an electronic mail address provided by a registered voter who participates in a system to distribute sample ballots by electronic means; (3) the social security number and drivers license or identification card number of the registered voter; and (4) any other information relating to the registered voter that any state or federal law declares to be confidential or otherwise requires to be withheld from the public.
κ2015 Statutes of Nevada, Page 3147 (CHAPTER 509, AB 462)κ
Existing law provides for the chair and at least one other member of the election board to deliver the ballots and election materials to a receiving center or central counting place. (NRS 293B.335, 293C.635) Sections 42 and 65 of this bill revise this provision to require at least two board members to deliver the ballots and election materials.
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 293.040 is hereby amended to read as follows:
293.040 Clerk means the election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, [or] district or polling place in which such officer is appointed.
Sec. 2. NRS 293.095 is hereby amended to read as follows:
293.095 Roster means the record in printed or electronic form furnished to election board officers which contains a list of eligible voters and is to be used for obtaining the signature of each person applying for a ballot.
Sec. 3. NRS 293.097 is hereby amended to read as follows:
293.097 1. Sample ballot means a document distributed by a county or city clerk upon which is [printed] included a list of the offices, candidates and ballot questions that will appear on a ballot.
2. The term includes , without limitation, any such document which is [printed by] prepared on a computer [.] and distributed by mail or electronic means pursuant to NRS 293.565 or 293C.530.
Sec. 4. NRS 293.113 is hereby amended to read as follows:
293.113 Tally list means [the] :
1. The paper form furnished to election board officers to be used in recording the number of votes cast for each candidate and question on the ballot [.] ; or
2. An electronically generated report of the number of votes cast for each candidate and question on the ballot.
Sec. 5. NRS 293.203 is hereby amended to read as follows:
293.203 Immediately upon receipt by the county clerk of the certified list of candidates from the Secretary of State, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:
1. The date of the election.
2. The location of the polling places.
3. The hours during which the polling places will be open for voting.
4. The names of the candidates.
5. A list of the offices to which the candidates seek nomination or election.
Κ The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution [,] or constitutional amendment [or statewide measure] pursuant to NRS 293.253.
κ2015 Statutes of Nevada, Page 3148 (CHAPTER 509, AB 462)κ
to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.
Sec. 6. NRS 293.207 is hereby amended to read as follows:
293.207 1. Election precincts must be established on the basis of the number of registered voters therein, with a maximum of [1,500] 3,000 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.
2. Except as otherwise provided in subsections 3 and 4, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more contiguous election precincts, in whole or in part, pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each Assemblyman, Assemblywoman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the consolidation.
4. A person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider each written objection filed pursuant to this subsection before consolidating the precincts.
Sec. 7. NRS 293.217 is hereby amended to read as follows:
293.217 1. The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various [precincts and districts] polling places in the county as provided in NRS 293.220 to 293.243, inclusive, and 293.384. The registered voters appointed as election board officers for any [precinct or district] polling place must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
(a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
(b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized officer shall receive no additional compensation for services rendered as a deputy sheriff during the election for which the officer is deputized.
Κ Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
2. The county clerk may appoint a trainee for the position of election board officer as set forth in NRS 293.2175.
Sec. 8. NRS 293.2175 is hereby amended to read as follows:
293.2175 1. The county clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the county in which the pupil serves;
(b) Enrolled in high school; and
(c) At the time of service, at least 16 years of age.
κ2015 Statutes of Nevada, Page 3149 (CHAPTER 509, AB 462)κ
2. The county clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The county clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;
(c) At least 20 days before the election in which the pupil will act as a trainee, the principal of the high school or the pupils assigned school counselor receives the county clerks certificate and a written request signed by the pupils parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school or the assigned school counselor of the pupil approves the pupils request; and
(e) The pupil attends the training class required by NRS 293B.260.
3. Except as otherwise provided in this subsection, the county clerk may assign a trainee such duties as the county clerk deems appropriate. The county clerk shall not:
(a) Require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier; or
(b) Assign more than one trainee to serve as an election board officer in any one [precinct.] polling place.
4. The county clerk may compensate a trainee for service at the same rate fixed for election board officers generally.
Sec. 9. NRS 293.227 is hereby amended to read as follows:
293.227 1. Each election board must have one member designated as the chair by the county or city clerk. The election boards shall make the records of election required by this chapter.
2. The appointment of a trainee as set forth in NRS 293.2175 and 293C.222 may be used to determine the number of members on the election board, but under no circumstances may:
(a) The election board of any [precinct] polling place include more than one trainee; or
(b) A trainee serve as chair of the election board.
3. The county or city clerk shall conduct or cause to be conducted a school to acquaint the members of an election board with the election laws, duties of election boards, regulations of the Secretary of State and with the procedure for making the records of election and using the register for election boards.
4. The board of county commissioners of any county or the city council of any city may reimburse the members of an election board who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.
Sec. 10. NRS 293.253 is hereby amended to read as follows:
293.253 1. The Secretary of State shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations, arguments, rebuttals and fiscal notes prepared pursuant to NRS 218D.810, 293.250 and 293.252.
2. Whenever feasible, the Secretary of State shall provide those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution [,] or amendment [or measure] and its condensation, explanation, arguments, rebuttals and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October.
κ2015 Statutes of Nevada, Page 3150 (CHAPTER 509, AB 462)κ
conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. If a copy of any such constitution or amendment is furnished by the Secretary of State too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. Each county clerk shall cause a copy of the condensation of any statewide measure and its explanation, arguments, rebuttals and fiscal note to be published on or before the first Monday in October in a newspaper of general circulation in the county. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
6. The portion of the cost of publication which is attributable to publishing the questions, explanations, arguments, rebuttals and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval by the State Board of Examiners.
Sec. 11. NRS 293.267 is hereby amended to read as follows:
293.267 1. Ballots for a general election must contain the names of candidates who were nominated at the primary election, the names of the candidates of a minor political party and the names of independent candidates.
2. Except as otherwise provided in NRS 293.2565, names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
3. Except as otherwise provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office must appear the name or abbreviation of his or her political party, the [word independent] words no political party or the abbreviation [IND,] NPP, as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office must appear the word nonpartisan or the abbreviation NP.
4. Where a system of voting other than by paper ballot is used, the Secretary of State may provide for any placement of the name or abbreviation of the political party, the [word independent] words no political party or nonpartisan or the abbreviation [IND] NPP or NP, as appropriate, which clearly relates the designation to the name of the candidate to whom it applies.
5. If the Legislature rejects a statewide measure proposed by initiative and proposes a different measure on the same subject which the Governor approves, the measure proposed by the Legislature and approved by the Governor must be listed on the ballot before the statewide measure proposed by initiative. Each ballot and sample ballot upon which the measures appear must contain a statement that reads substantially as follows:
The following questions are alternative approaches to the same issue, and only one approach may be enacted into law. Please vote for only one.
κ2015 Statutes of Nevada, Page 3151 (CHAPTER 509, AB 462)κ
Sec. 12. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as otherwise provided in subsection 2 and NRS 293.305, at all elections held under the provisions of this title, the polls must open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the [precinct or district,] polling place, as shown on the roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.
3. Upon opening the polls, one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this title.
Sec. 13. NRS 293.275 is hereby amended to read as follows:
293.275 No election board may perform its duty in serving registered voters at any [precinct or district] polling place in any election provided for in this title, unless it has before it the [election board register] roster for [its precinct or district.] the polling place.
Sec. 14. NRS 293.277 is hereby amended to read as follows:
293.277 1. Except as otherwise provided in NRS 293.283 and 293.541, if a persons name appears in the [election board register] roster or if the person provides an affirmation pursuant to NRS 293.525, the person is entitled to vote and must sign his or her name in the [election board register] roster when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the persons [original] application to register to vote or one of the forms of identification listed in subsection 2.
2. Except as otherwise provided in NRS 293.2725, the forms of identification which may be used individually to identify a voter at the polling place are:
(a) The card issued to the voter at the time he or she registered to vote;
(b) A drivers license;
(c) An identification card issued by the Department of Motor Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental agency which contains the voters signature and physical description or picture.
Sec. 14.5. NRS 293.283 is hereby amended to read as follows:
293.283 [Any]
1. If, because of physical limitations, a registered voter [who] is unable to sign his or her name in the roster as required by NRS 293.277, the voter must be identified by [answering] :
(a) Answering questions from the election board officer covering the personal data which is reported on the [original] application to register to vote [. The] ;
(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote.
κ2015 Statutes of Nevada, Page 3152 (CHAPTER 509, AB 462)κ
2. If the identity of the voter is verified, the election board officer [in charge of] shall indicate in the roster [shall stamp, write or print] Identified [as to the left of] by the voters name.
Sec. 15. NRS 293.285 is hereby amended to read as follows:
293.285 [A]
1. Except as otherwise provided in NRS 293.283, a registered voter applying to vote shall state his or her name to the election board officer in charge of the [election board register,] roster, and the officer shall immediately announce the name [and take the registered voters signature.] , instruct the voter to sign the roster and verify the signature of the voter in the manner set forth in NRS 293.277.
2. If the signature does not match, the voter must be identified by:
(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;
(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote.
3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
Sec. 16. NRS 293.287 is hereby amended to read as follows:
293.287 1. A registered voter applying to vote at any primary election shall give his or her name and political affiliation, if any, to the election board officer in charge of the [election board register,] roster, and the officer shall immediately announce the name and political affiliation.
2. Any persons right to vote may be challenged by any registered voter upon:
(a) Any of the grounds allowed for a challenge in NRS 293.303;
(b) The ground that the person applying does not belong to the political party designated upon the [register;] roster; or
(c) The ground that the [register] roster does not show that the person designated the political party to which he or she claims to belong.
3. Any such challenge must be disposed of in the manner provided by NRS 293.303.
4. A registered voter who has designated on his or her application to register to vote an affiliation with a minor political party may vote a nonpartisan ballot at the primary election.
Sec. 17. NRS 293.301 is hereby amended to read as follows:
293.301 1. The county clerk of each county shall [require] :
(a) Require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the county [.] ; or
(b) Publish on the Internet website of the county clerk an alphabetical listing of all registered voters for each precinct in the county.
2. Except as otherwise provided in NRS 293.5002 and 293.558, the alphabetical listing required by subsection 1 must include the name, [address] precinct and political affiliation of each voter. [Not less than four times during the hours in which the polling place is open, an]
3. If the county clerk:
κ2015 Statutes of Nevada, Page 3153 (CHAPTER 509, AB 462)κ
(a) Requires an alphabetical listing to be posted in each polling place pursuant to paragraph (a) of subsection 1:
(1) An election board officer at the polling place shall , not less than four times during the hours in which the polling place is open, identify the name of each voter that voted [since the last identification.
2.] at the polling place; and
(2) Each page of the alphabetical listing that is posted in a polling place must contain a notice which reads substantially as follows:
It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to [subsection 1 of] NRS 293.301.
[3.] (b) Publishes an alphabetical listing pursuant to paragraph (b) of subsection 1, the county clerk shall, not less than four times during the hours in which polling places in the county are open, identify on the Internet website of the county clerk the name of every voter who has voted at each polling place.
4. Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name, [address] precinct or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
Sec. 18. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election. A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that the challenged person does not belong to the political party designated upon the [register,] roster, I swear or affirm under penalty of perjury that I belong to the political party designated upon the [register;] roster;
(b) If the challenge is on the ground that the [register] roster does not show that the challenged person designated the political party to which he or she claims to belong, I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong;
(c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the [election board register,] roster, I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the [election board register;] roster;
κ2015 Statutes of Nevada, Page 3154 (CHAPTER 509, AB 462)κ
(d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election; or
(e) If the challenge is on the ground that the challenged person is not the person he or she claims to be, I swear or affirm under penalty of perjury that I am the person whose name is in this [election board register.] roster.
Κ The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, [he or she] the person must not be issued a ballot, and the election board officer shall indicate in [charge of] the [election board register] roster [shall write the words] Challenged [................ opposite his or her] by the persons name . [in the election board register.]
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue the person a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue the person a partisan ballot.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the address at which a person resides.
8. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:
(a) Furnishes official identification which contains a photograph of the person, such as a drivers license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years of age who:
(1) Furnishes official identification which contains a photograph of that person, such as a drivers license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.
9. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.
κ2015 Statutes of Nevada, Page 3155 (CHAPTER 509, AB 462)κ
Sec. 19. NRS 293.310 is hereby amended to read as follows:
293.310 1. Except as otherwise provided in NRS 293.330 and chapter 293D of NRS, a registered voter who requests and receives an absent voters ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the county clerk shall notify the [precinct or district] appropriate election board that the registered voter has requested an absent ballot.
Sec. 20. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as otherwise provided in subsection 2 and NRS 293D.200, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the [precinct or district] appropriate election board.
2. Except as otherwise provided in NRS 293D.200, if an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the county clerks register. If the county clerk determines that the absent voter is entitled to cast a ballot, the county clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.
Sec. 21. NRS 293.333 is hereby amended to read as follows:
293.333 Except as otherwise provided in NRS 293D.200, on the day of an election, the [precinct or district] election boards receiving the absent voters ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:
1. The name of the voter, as shown on the return envelope or facsimile, must be called and checked as if the voter were voting in person;
2. The signature on the back of the return envelope or on the facsimile must be compared with that on the [original] application to register to vote;
3. If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and
κ2015 Statutes of Nevada, Page 3156 (CHAPTER 509, AB 462)κ
4. The election board officers shall [mark] indicate in the roster [opposite] Voted by the name of the voter . [the word Voted.]
Sec. 22. NRS 293.335 is hereby amended to read as follows:
293.335 When all absent ballots delivered to [precinct or district] the election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected ballots must be returned to the county clerk. On all envelopes containing rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.
Sec. 23. NRS 293.3576 is hereby amended to read as follows:
293.3576 1. The county clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for early voting . [and the election precincts served by each location.]
(b) The dates and hours that early voting will be conducted at each location.
2. The county clerk shall post a copy of the schedule on the bulletin board used for posting notice of meetings of the board of county commissioners. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.
3. The county clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.
Sec. 24. NRS 293.3585 is hereby amended to read as follows:
293.3585 1. [Upon] Except as otherwise provided in NRS 293.283, upon the appearance of a person to cast a ballot for early voting, [the deputy clerk for early voting] an election board officer shall:
(a) Determine that the person is a registered voter in the county . [;]
(b) Instruct the voter to sign the roster for early voting . [; and]
(c) Verify the signature of the voter [against that contained on the original application to register to vote or a facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.] in the manner set forth in NRS 293.277.
(d) Verify that the voter has not already voted in the current election pursuant to this section.
2. If the signature of the voter does not match, the voter must be identified by:
(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;
(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the card issued to the voter at the time he or she registered to vote.
3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
κ2015 Statutes of Nevada, Page 3157 (CHAPTER 509, AB 462)κ
[2.] 4. The county clerk shall prescribe a procedure, approved by the Secretary of State, to [determine] verify that the voter has not already voted in the current election pursuant to this section.
[3.] 5. The roster for early voting must contain:
(a) The voters name, the address where he or she is registered to vote, his or her voter identification number and a place for the voters signature;
(b) The voters precinct or voting district number [;] , if that information is available; and
(c) The date of voting early in person.
[4.] 6. When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the [deputy clerk for early voting,] election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.
[5.] 7. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the [deputy clerk for early voting] election board officer shall:
(a) Prepare the mechanical recording device for the voter;
(b) Ensure that the voters precinct or voting district , if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and
(c) Allow the voter to cast a vote.
[6.] 8. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.
Sec. 25. NRS 293.3604 is hereby amended to read as follows:
293.3604 If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:
1. At the close of each voting day, the election board shall:
(a) Prepare and sign a statement for the polling place. The statement must include:
(1) The title of the election;
(2) [The number of the precinct or voting district;
(3)] The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;
[(4)] (3) The number of ballots voted on the mechanical recording device for that day; and
[(5)] (4) The number of signatures in the roster for early voting for that day.
(b) Secure:
(1) The ballots pursuant to the plan for security required by NRS 293.3594; and
(2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293.3594.
2. At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:
(a) The statements for all polling places for early voting;
(b) The voting rosters used for early voting;
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and
(d) Any other items as determined by the county clerk.
κ2015 Statutes of Nevada, Page 3158 (CHAPTER 509, AB 462)κ
3. Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:
(a) [Sort the items by precinct or voting district;
(b) Count the number of ballots voted by precinct or voting district;
(c) Account for all] Indicate the number of ballots on an official statement of ballots; and
[(d)] (b) Place the [items] storage devices in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the [items] storage devices to the central counting place.
Sec. 26. NRS 293.3608 is hereby amended to read as follows:
293.3608 On election day , the county clerk shall:
1. Ensure that each mechanical recording device used during the period for early voting provides a record of the total number of votes recorded on the device for each candidate and for or against each measure; and
2. Deliver to the central counting place:
(a) [The items sorted and counted pursuant to subsection 3 of NRS 293.3604;
(b)] The records provided pursuant to subsection 1; and
[(c)] (b) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.
Sec. 27. NRS 293.365 is hereby amended to read as follows:
293.365 No counting board in any precinct, [or] district or polling place in which paper ballots are used may commence to count the votes until all ballots used or unused are accounted for.
Sec. 28. NRS 293.370 is hereby amended to read as follows:
293.370 [1.] When all the votes have been counted, the counting board officers shall [enter on the] produce a tally [lists] list organized by precinct and ballot type indicating [the name of each candidate] the number of votes [the] that each candidate received. The [vote] votes for and against any question submitted to the electors must be entered in the same manner.
[2. The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:
(a) A primary election held in an even-numbered year; or
(b) A general election.]
Sec. 29. NRS 293.373 is hereby amended to read as follows:
293.373 If paper ballots are used:
1. After the ballots have been counted, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the county clerk.
2. The [other] rosters and tally lists [and the election board register] must be returned to the county clerk.
Sec. 29.5. (Deleted by amendment.)
Sec. 30. NRS 293.465 is hereby amended to read as follows:
293.465 If an election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct, or any other cause, the appropriate election officers [for] in that precinct or district shall make an affidavit setting forth that fact and transmit it to the appropriate board of county commissioners. Upon receipt of the affidavit and upon the application of any candidate for any office to be voted for by the registered voters of that precinct or district, the board of county commissioners shall order a new election in that precinct or district.
κ2015 Statutes of Nevada, Page 3159 (CHAPTER 509, AB 462)κ
voters of that precinct or district, the board of county commissioners shall order a new election in that precinct or district.
Sec. 31. NRS 293.510 is hereby amended to read as follows:
293.510 1. In counties where computers are not used to register voters, the county clerk shall:
(a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order. The applications for each precinct or district must be kept [in a separate binder which is marked with the number of the] separately for each precinct or district. [This binder constitutes the election board register.] These applications must be used to prepare the rosters.
(b) Arrange the duplicate applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters register.
2. In any county where a computer is used to register voters, the county clerk shall:
(a) Arrange the original applications to register to vote for the entire county in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters register.
(b) Segregate the applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the applications to register to vote in alphabetical order. These listings of applications to register to vote must be [placed in separate binders which are marked with the number of the precinct or district. These binders constitute the election board registers.] used to prepare the rosters.
Sec. 32. NRS 293.511 is hereby amended to read as follows:
293.511 If a registrar of voters register or [an election board register] roster is kept by computer, the register or roster, as applicable, must include [all the information contained in the original applications to register to vote.] the name, address, precinct, political affiliation and signature or facsimile thereof of each voter and any additional information required by the county clerk.
Sec. 33. NRS 293.524 is hereby amended to read as follows:
293.524 1. The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of drivers license or identification card issued by the Department.
2. The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters register. An application that is not signed must not be used to register or correct the registration of the applicant.
3. For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides.
κ2015 Statutes of Nevada, Page 3160 (CHAPTER 509, AB 462)κ
registrar of voters of the county in which the applicant resides. The applications must be forwarded daily during the 2 weeks immediately preceding the fifth Sunday preceding an election.
4. The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the fifth Sunday preceding an election if the county clerk receives the application not later than 5 days after that date. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If the county clerk or field registrar of voters determines that the application is complete, he or she shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If the county clerk or field registrar of voters determines that the application is not complete, he or she shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.
5. The county clerk shall use any form submitted to the Department to correct information on a drivers license or identification card to correct information in the registrar of voters register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.
6. Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that the records have been corrected.
7. The Secretary of State shall, with the approval of the Director, adopt regulations to:
(a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;
(b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and
(c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the [election board registers] rosters and registrar of voters register.
Sec. 34. NRS 293.525 is hereby amended to read as follows:
293.525 1. Any elector who is presently registered and has changed residence after the last preceding general election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 or 293.535 who moved:
(a) From one precinct to another or from one congressional district to another within the same county must be allowed to vote in the precinct where the elector previously resided after providing an oral or written affirmation before an election board officer attesting to his or her new address.
κ2015 Statutes of Nevada, Page 3161 (CHAPTER 509, AB 462)κ
the elector previously resided after providing an oral or written affirmation before an election board officer attesting to his or her new address.
(b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.
2. If an elector alleges that the records in the registrar of voters register or the [election board register] roster incorrectly indicate that the elector has changed residence, the elector must be permitted to vote after providing an oral or written affirmation before an election board officer attesting that he or she continues to reside at the same address.
3. If an elector refuses to provide an oral or written affirmation attesting to his or her address as required by this section, the elector may only vote at the special polling place in the county in the manner set forth in NRS 293.304.
4. The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the registrar of voters register and the [election board register.] roster.
Sec. 35. NRS 293.533 is hereby amended to read as follows:
293.533 Any elector may bring and any number of electors may join in an action or proceeding in a district court to compel the county clerk to enter the name of such elector or electors in the registrar of voters register and the [election board register.] roster.
Sec. 36. NRS 293.541 is hereby amended to read as follows:
293.541 1. The county clerk shall cancel the registration of a voter if:
(a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the registration concerning the identity or residence of the voter is fraudulent;
(b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and
(c) The voter fails to present satisfactory proof of identity and residence pursuant to subsection 2, 4 or 5.
2. Except as otherwise provided in subsection 3, the county clerk shall notify the voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the voters registration.
3. If insufficient time exists before a pending election to provide the notice required by subsection 2, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters register and:
(a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the [election board register.] roster.
(b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the [election board register.] roster.
4. If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes:
κ2015 Statutes of Nevada, Page 3162 (CHAPTER 509, AB 462)κ
(a) Official identification which contains a photograph of the voter, including, without limitation, a drivers license or other official document; and
(b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the [election board register.] roster.
5. If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.
6. For the purposes of this section, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the:
(a) Address at which a person actually resides; or
(b) Residence or identity of a person.
Sec. 37. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk.
2. A registered voter may file a written challenge if:
(a) He or she is registered to vote in the same precinct as the person whose right to vote is challenged; and
(b) The challenge is based on the personal knowledge of the registered voter.
3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.
5. The county clerk shall:
(a) File the challenge in the registrar of voters register and:
(1) In counties where records of registration are not kept by computer, he or she shall attach a copy of the challenge to the challenged registration in the [election board register.] roster.
(2) In counties where records of registration are kept by computer, he or she shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the [election board register.] roster.
(b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing the person of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel the persons registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.
(c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.
6. Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
κ2015 Statutes of Nevada, Page 3163 (CHAPTER 509, AB 462)κ
jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.
Sec. 38. NRS 293.548 is hereby amended to read as follows:
293.548 1. A person who files a written challenge pursuant to NRS 293.547 or an affidavit pursuant to NRS 293.535 may withdraw the challenge or affidavit not later than the 25th day before the date of the election, by submitting a written request to the county clerk. Upon receipt of the request, the county clerk shall:
(a) Remove the challenge or affidavit from the registrar of voters register, any [election board register] roster and any other record in which the challenge or affidavit has been filed or entered;
(b) If a notice of the challenge or affidavit has been mailed to the person who is the subject of the challenge or affidavit, mail a notice and a copy of the request to withdraw to that person; and
(c) If a notice of the challenge has been mailed to the district attorney, mail a notice and a copy of the request to withdraw to the district attorney.
2. If the county clerk receives a request to withdraw pursuant to subsection 1, the county clerk shall withdraw the persons challenge or affidavit.
Sec. 38.5. NRS 293.558 is hereby amended to read as follows:
293.558 1. The county or city clerk shall disclose the identification number of a registered voter to the public, including, without limitation:
(a) In response to an inquiry received by the county or city clerk; or
(b) By inclusion of the identification number of the registered voter on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.
2. The county or city clerk shall not disclose [the] :
(a) The social security number or the drivers license or identification card number of a registered voter [.] , and such a number is confidential and is not a public book or record within the meaning of NRS 239.010.
(b) An electronic mail address provided by a registered voter to carry out any state or federal law relating to the voting process, and such an electronic mail address is confidential and is not a public book or record within the meaning of NRS 239.010. The county or city clerk may not release a registered voters electronic mail address to a third party and may use such an electronic mail address only to:
(1) Communicate with the registered voter about the voting process, including, without limitation, as necessary to carry out the provisions of chapter 293D of NRS; and
(2) Distribute a sample ballot to the registered voter by electronic means if the county or city clerk has established a system for distributing sample ballots by electronic means pursuant to NRS 293.565 or 293C.530 and the registered voter elects to receive a sample ballot by electronic means.
3. A registered voter may submit a written request to the county or city clerk to have his or her address and telephone number withheld from the public. Upon receipt of such a request, the county or city clerk shall not disclose the address or telephone number of the registered voter to the public, including, without limitation:
κ2015 Statutes of Nevada, Page 3164 (CHAPTER 509, AB 462)κ
(a) In response to an inquiry received by the county or city clerk; or
(b) By inclusion on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.
4. No information relating to a registered voter may be withheld from the public other than [the] :
(a) The address [,] and telephone number [,] of the registered voter if requested by the registered voter pursuant to this section;
(b) An electronic mail address provided by the registered voter to carry out any state or federal law relating to the voting process;
(c) The social security number and drivers license or identification card number of [a] the registered voter [may] ; and
(d) Any other information relating to the registered voter that any state or federal law declares to be confidential or otherwise requires to be withheld from the public.
Sec. 39. NRS 293.563 is hereby amended to read as follows:
293.563 1. During the interval between the closing of registration and the election, the county clerk shall [:
(a) In counties where records of registration are not kept by computer,] prepare for each [precinct or district] polling place a [binder] roster containing [in alphabetical order the original applications to register to vote of the electors] the registered voters [in the precinct or district. The binder constitutes the election board register.
(b) In counties where records of registration are kept by computer, have printed and placed in a binder for each precinct or district a computer listing in alphabetical order of the applications to register to vote of the electors in the precinct or district. The binder constitutes the election board register.] eligible to vote at the polling place.
2. [Each election board register] The roster must be delivered or caused to be delivered by the county or city clerk to an election board officer of the proper [precinct or district] polling place before the opening of the polls.
Sec. 40. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 3, sample ballots must include:
(a) If applicable, the statement required by NRS 293.267;
(b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 295.095 or 295.230 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121; and
(e) The full text of each proposed constitutional amendment.
2. If, pursuant to the provisions of NRS 293.2565, the word Incumbent must appear on the ballot next to the name of the candidate who is the incumbent, the word Incumbent must appear on the sample ballot next to the name of the candidate who is the incumbent.
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is the incumbent, the word Incumbent must appear on the sample ballot next to the name of the candidate who is the incumbent.
3. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
4. A county clerk may establish a system for distributing sample ballots to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a county clerk establishes such a system and a registered voter elects to receive a sample ballot by such electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
5. If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 4, the county clerk shall distribute the sample ballot to the registered voter by mail.
6. Before the period for early voting for any election begins, the county clerk shall [cause to be mailed] distribute to each registered voter in the county [a] by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before [mailing] distributing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
[5.] 7. Except as otherwise provided in subsection [6,] 8, a sample ballot required to be [mailed] distributed pursuant to this section must:
(a) Be [printed] prepared in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice [printed] prepared in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
[6.] 8. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
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[7.] 9. The sample ballot [mailed] distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be [printed] prepared in at least 14-point type, or larger when practicable.
[8.] 10. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots [mailed] distributed to that person from the county are in large type.
[9.] 11. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.
[10.] 12. The cost of [mailing] distributing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 41. NRS 293.780 is hereby amended to read as follows:
293.780 1. A person who is entitled to vote shall not vote or attempt to vote more than once at the same election. Any person who votes or attempts to vote twice at the same election is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Notice of the provisions of subsection 1 must be given by the county or city clerk as follows:
(a) [Printed] Stated on all sample ballots [mailed;] distributed by mail or electronic means;
(b) Posted in boldface type at each polling place; and
(c) Posted in boldface type at the office of the county or city clerk.
Sec. 42. NRS 293B.335 is hereby amended to read as follows:
293B.335 1. [The chair and at] At least [one other member] two members of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the county clerk. If practicable, the [other board member] members must be of [a] different political [party than the chair.] parties.
2. [The chair] At least two members of the election board shall provide for the transportation or other disposition of all other supplies and election materials as directed by the county clerk.
3. Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he or she does not interfere with the delivery of the sealed container.
Sec. 43. NRS 293C.220 is hereby amended to read as follows:
293C.220 1. The city clerk shall appoint and notify registered voters to act as election board officers for the various polling places and precincts [and districts] in the city as provided in NRS 293.225, 293.227, 293C.227 to 293C.245, inclusive, and 293C.382.
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[and districts] in the city as provided in NRS 293.225, 293.227, 293C.227 to 293C.245, inclusive, and 293C.382. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:
(a) Appoint an officer for each polling place in the city and for the central election board or the absent ballot central counting board; or
(b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board or the absent ballot central counting board. The deputized officer may not receive any additional compensation for the services he or she provides as an officer during the election for which the officer is deputized.
Κ Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.
2. The city clerk may appoint a trainee for the position of election board officer as set forth in NRS 293C.222.
Sec. 44. NRS 293C.222 is hereby amended to read as follows:
293C.222 1. The city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the city in which the pupil serves;
(b) Enrolled in high school; and
(c) At the time of service, at least 16 years of age.
2. The city clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The city clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;
(c) At least 20 days before the election in which the pupil will act as a trainee, the principal of the high school or the assigned school counselor of the pupil receives the city clerks certificate and a written request signed by the pupils parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school or the assigned school counselor of the pupil approves the pupils request; and
(e) The pupil attends the training class required by NRS 293B.260.
3. Except as otherwise provided in this subsection, the city clerk may assign a trainee such duties as the city clerk deems appropriate. The city clerk shall not:
(a) Require the trainee to perform those duties later than 10 p.m., or any applicable curfew, whichever is earlier; or
(b) Assign more than one trainee to serve as an election board officer in any one [precinct.] polling place.
4. The city clerk may compensate a trainee for service at the same rate fixed for election board officers generally.
Sec. 45. NRS 293C.267 is hereby amended to read as follows:
293C.267 1. Except as otherwise provided in subsection 2 and NRS 293C.297, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the [precinct or district,] polling place, as shown on the roster, have been cast, the election board officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.
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officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.
3. Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.
Sec. 46. NRS 293C.270 is hereby amended to read as follows:
293C.270 1. [If] Except as otherwise provided in NRS 293C.272, if a persons name appears in the [election board register] roster or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the [election board register] roster when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the persons [original] application to register to vote or one of the forms of identification listed in subsection 2.
2. The forms of identification that may be used to identify a voter at the polling place are:
(a) The card issued to the voter at the time he or she registered to vote;
(b) A drivers license;
(c) An identification card issued by the Department of Motor Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental agency that contains the voters signature and physical description or picture.
Sec. 46.5. NRS 293C.272 is hereby amended to read as follows:
293C.272 [Any]
1. If, because of physical limitations, a registered voter [who] is unable to sign his or her name in the roster as required by NRS 293C.270, the voter must be identified by [answering] :
(a) Answering questions from the election board officer covering the personal data [that] which is reported on the [original] application to register to vote [. The] ;
(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote.
2. If the identity of the voter is verified, the election board officer [in charge of] shall indicate in the roster [shall stamp, write or print] Identified [as to the left of] by the voters name.
Sec. 47. NRS 293C.275 is hereby amended to read as follows:
293C.275 [A]
1. Except as otherwise provided in NRS 293C.272, a registered voter who applies to vote must state his or her name to the election board officer in charge of the [election board register,] roster, and the officer shall immediately announce the name [and take the registered voters signature.] , instruct the voter to sign the roster and verify the signature of the voter in the manner set forth in NRS 293C.270.
2. If the signature does not match, the voter must be identified by:
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(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;
(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote.
3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
Sec. 48. NRS 293C.277 is hereby amended to read as follows:
293C.277 1. A registered voter who applies to vote at an election must give his or her name to the election board officer in charge of the [election board register,] roster, and the officer shall immediately announce the name of the voter.
2. Any persons right to vote may be challenged by a registered voter upon any of the grounds allowed for a challenge in NRS 293C.292. Any such challenge must be disposed of in the manner provided in NRS 293C.292.
Sec. 49. NRS 293C.290 is hereby amended to read as follows:
293C.290 1. The city clerk shall [require] :
(a) Require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the city [.] ; or
(b) Publish on the Internet website of the city clerk an alphabetical listing of all registered voters for each precinct in the city.
2. Except as otherwise provided in NRS 293.5002 and 293.558, the alphabetical listing required by subsection 1 must include the name and [address] precinct of each voter. [Not less than four times during the hours in which the polling place is open, an]
3. If the city clerk:
(a) Requires an alphabetical listing to be posted in each polling place pursuant to paragraph (a) of subsection 1:
(1) An election board officer at the polling place shall , not less than four times during the hours in which the polling place is open, identify the name of each voter who voted [since the last identification.
2.] at the polling place; and
(2) Each page of the alphabetical listing that is posted in a polling place must contain a notice which reads substantially as follows:
It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to NRS 293C.290.
[3.] (b) Publishes an alphabetical listing pursuant to paragraph (b) of subsection 1, the city clerk shall, not less than four times during the hours in which polling places in the city are open, identify on the Internet website of the city clerk the name of every voter who has voted at each polling place.
4. Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name or [address] precinct of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
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prevent others from readily ascertaining the name or [address] precinct of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
Sec. 50. NRS 293C.292 is hereby amended to read as follows:
293C.292 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the [election board register,] roster, I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the [election board register;] roster;
(b) If the challenge is on the ground that the challenged person previously voted a ballot for the election, I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election; or
(c) If the challenge is on the ground that the challenged person is not the person he or she claims to be, I swear or affirm under penalty of perjury that I am the person whose name is in this [election board register.] roster.
Κ The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.
3. If the challenged person refuses to execute the oath or affirmation so tendered, [he or she] the person must not be issued a ballot, and the election board officer shall indicate in [charge of] the [election board register] roster [shall write the words] Challenged [................ opposite his or her] by the persons name . [in the election board register.]
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.
5. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him or her a ballot.
6. If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the address at which a person resides.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:
(a) Furnishes official identification which contains a photograph of the person, such as a drivers license or other official document; or
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(b) Brings before the election board officers a person who is at least 18 years of age who:
(1) Furnishes official identification which contains a photograph of the person, such as a drivers license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.
8. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.
Sec. 51. NRS 293C.307 is hereby amended to read as follows:
293C.307 1. Except as otherwise provided in NRS 293C.330, a registered voter who requests and receives an absent voters ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the city clerk shall notify the [precinct or district] appropriate election board that the registered voter has requested an absent ballot.
Sec. 52. NRS 293C.325 is hereby amended to read as follows:
293C.325 1. Except as otherwise provided in subsection 2 and NRS 293D.200, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the [precinct or district] appropriate election board.
2. Except as otherwise provided in NRS 293D.200, if an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the city clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the city clerks register. If the city clerk determines that the absent voter is entitled to cast a ballot, the city clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the city clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.
Sec. 53. NRS 293C.332 is hereby amended to read as follows:
293C.332 Except as otherwise provided in NRS 293D.200, on the day of an election, the [precinct or district] election boards receiving the absent voters ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:
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containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:
1. The name of the voter, as shown on the return envelope or facsimile, must be called and checked as if the voter were voting in person;
2. The signature on the back of the return envelope or on the facsimile must be compared with that on the [original] application to register to vote;
3. If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and
4. The election board officers shall [mark] indicate in the roster [opposite] Voted by the name of the voter . [the word Voted.]
Sec. 54. NRS 293C.335 is hereby amended to read as follows:
293C.335 When all absent ballots delivered to [precinct or district] the election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected ballots must be returned to the city clerk. On all envelopes containing the rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.
Sec. 55. NRS 293C.3576 is hereby amended to read as follows:
293C.3576 1. The city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for early voting . [and the election precincts served by each location.]
(b) The dates and hours that early voting will be conducted at each location.
2. The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.
3. The city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.
Sec. 56. NRS 293C.3585 is hereby amended to read as follows:
293C.3585 1. [Upon] Except as otherwise provided in NRS 293C.272, upon the appearance of a person to cast a ballot for early voting, [the deputy clerk for early voting] an election board officer shall:
(a) Determine that the person is a registered voter in the county . [;]
(b) Instruct the voter to sign the roster for early voting . [; and]
(c) Verify the signature of the voter [against that contained on the original application to register to vote or a facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.] in the manner set forth in NRS 293C.270.
(d) Verify that the voter has not already voted in the current election pursuant to this section.
2. If the signature does not match, the voter must be identified by:
(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;
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(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the card issued to the voter at the time he or she registered to vote.
3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
[2.] 4. The city clerk shall prescribe a procedure, approved by the Secretary of State, to [determine] verify that the voter has not already voted in the current election pursuant to this section.
[3.] 5. The roster for early voting must contain:
(a) The voters name, the address where he or she is registered to vote, his or her voter identification number and a place for the voters signature;
(b) The voters precinct or voting district number [;] , if that information is available; and
(c) The date of voting early in person.
[4.] 6. When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the [deputy clerk for early voting,] election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.
[5.] 7. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the [deputy clerk for early voting] election board officer shall:
(a) Prepare the mechanical recording device for the voter;
(b) Ensure that the voters precinct or voting district , if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and
(c) Allow the voter to cast a vote.
[6.] 8. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.
Sec. 57. NRS 293C.3604 is hereby amended to read as follows:
293C.3604 If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:
1. At the close of each voting day, the election board shall:
(a) Prepare and sign a statement for the polling place. The statement must include:
(1) The title of the election;
(2) [The number of the precinct or voting district;
(3)] The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;
[(4)] (3) The number of ballots voted on the mechanical recording device for that day; and
[(5)] (4) The number of signatures in the roster for early voting for that day.
(b) Secure:
(1) The ballots pursuant to the plan for security required by NRS 293C.3594; and
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(2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293C.3594.
2. At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:
(a) The statements for all polling places for early voting;
(b) The voting rosters used for early voting;
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and
(d) Any other items as determined by the city clerk.
3. Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:
(a) [Sort the items by precinct or voting district;
(b) Count the number of ballots voted by precinct or voting district;
(c) Account for all] Indicate the number of ballots on an official statement of ballots; and
[(d)] (b) Place the [items] storage devices in the container provided to transport those items to the central counting place and seal the container with a number seal. The official statement of ballots must accompany the [items] storage devices to the central counting place.
Sec. 58. NRS 293C.3608 is hereby amended to read as follows:
293C.3608 On election day, the city clerk shall:
1. Ensure that each mechanical recording device used during the period for early voting provides a record [printed on paper] of the total number of votes recorded on the device for each candidate and for or against each measure; and
2. Deliver to the central counting place:
(a) [The items sorted and counted pursuant to subsection 3 of NRS 293C.3604;
(b)] The records [printed on paper] provided pursuant to subsection 1; and
[(c)] (b) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.
Sec. 59. NRS 293C.365 is hereby amended to read as follows:
293C.365 A counting board in any precinct, [or] district or polling place in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for.
Sec. 60. NRS 293C.372 is hereby amended to read as follows:
293C.372 When all the votes have been counted, the counting board officers shall [enter on the] produce a tally [lists] list organized by precinct and ballot type indicating [the name of each candidate] the number of votes [the] each candidate received. The [vote] votes for and against any question submitted to the electors must be entered in the same manner.
Sec. 61. NRS 293C.375 is hereby amended to read as follows:
293C.375 If paper ballots are used:
1. After the ballots have been counted, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the city clerk.
2. The [other] rosters and tally lists [and the election board register] must be returned to the city clerk.
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Sec. 62. NRS 293C.525 is hereby amended to read as follows:
293C.525 1. Any elector who is registered to vote and has changed residence after the last preceding general city election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 or 293.535 who moved:
(a) From one precinct to another within the same city must be allowed to vote in the precinct where the elector previously resided after providing an oral or written affirmation before an election board officer attesting to his or her new address.
(b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.
2. If an elector alleges that the records in the registrar of voters register or the [election board register] roster incorrectly indicate that the elector has changed residence, the elector must be allowed to vote after providing an oral or written affirmation before an election board officer attesting that he or she continues to reside at the same address.
3. If an elector refuses to provide an oral or written affirmation attesting to his or her address as required by this section, the elector may only vote at the special polling place in the city in the manner set forth in NRS 293C.295.
Sec. 63. NRS 293C.530 is hereby amended to read as follows:
293C.530 1. A city clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a city clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the city clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
2. If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 1, the city clerk shall distribute the sample ballot to the registered voter by mail.
3. Before the period for early voting for any election begins, the city clerk shall [cause to be mailed] distribute to each registered voter in the city [a] by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before [mailing] distributing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
[2.] 4. Except as otherwise provided in subsection [4,] 6, a sample ballot required to be [mailed] distributed pursuant to this section must:
κ2015 Statutes of Nevada, Page 3176 (CHAPTER 509, AB 462)κ
(a) Be [printed] prepared in at least 12-point type;
(b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 295.205 or 295.217; and
(c) Include on the front page, in a separate box created by bold lines, a notice [printed] prepared in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
[3.] 5. The word Incumbent must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.
[4.] 6. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
[5.] 7. The sample ballot [mailed] distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be [printed] prepared in at least 14-point type, or larger when practicable.
[6.] 8. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots [mailed] distributed to that person from the city are in large type.
[7.] 9. The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voters regularly designated polling place.
[8.] 10. The cost of [mailing] distributing sample ballots for a city election must be borne by the city holding the election.
Sec. 64. NRS 293C.535 is hereby amended to read as follows:
293C.535 1. Except as otherwise provided by special charter, registration of electors in incorporated cities must be accomplished in the manner provided in this chapter.
2. The county clerk shall use the statewide voter registration list to prepare for the city clerk of each incorporated city within the county the [election board register] roster of all electors eligible to vote at a regular or special city election.
κ2015 Statutes of Nevada, Page 3177 (CHAPTER 509, AB 462)κ
3. The [official register] rosters must be prepared , [in suitable books,] one for each ward or other voting district within each incorporated city. The entries in the [election board register] roster must be arranged alphabetically with the surnames first.
4. The county clerk shall keep duplicate originals or copies of the applications to register to vote [contained in the official register] in the county clerks office.
Sec. 65. NRS 293C.635 is hereby amended to read as follows:
293C.635 1. [The chair and at] At least [one other member] two members of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the city clerk.
2. The [chair] members of the election board described in subsection 1 shall provide for the transportation or other disposition of all other supplies and election materials as directed by the city clerk.
3. Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he or she does not interfere with the delivery of the sealed container.
Sec. 66. NRS 293C.710 is hereby amended to read as follows:
293C.710 If a city election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct or district, or any other cause, the appropriate election officers [for] in that precinct or district shall make an affidavit setting forth that fact and transmit it to the governing body of the appropriate city. Upon receipt of the affidavit and upon the application of any candidate for any city office to be voted for by the registered voters of that precinct or district, the governing body of the city shall order a new election in that precinct or district.
Sec. 67. NRS 295.045 is hereby amended to read as follows:
295.045 1. A petition for referendum must be filed with the Secretary of State not less than 120 days before the date of the next succeeding general election.
2. The Secretary of State shall certify the questions to the county clerks, and they shall publish them in accordance with the provisions of law requiring county clerks to publish [questions and proposed constitutional amendments which are to be submitted for popular vote.] statewide measures pursuant to NRS 293.253.
3. The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved?
4. Where a mechanical voting system is used, the title of the statute must appear on the list of offices and candidates and the statements of measures to be voted on and may be condensed to no more than 25 words.
5. The votes cast upon the question must be counted and canvassed as the votes for state officers are counted and canvassed.
Sec. 68. NRS 295.160 is hereby amended to read as follows:
295.160 1. If the petition is determined to be sufficient, the county clerk shall, at the next general election, submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of that county.
2. The county clerk shall publish those questions in accordance with the provisions of law requiring county clerks to publish [questions and proposed constitutional amendments which are to be submitted for popular vote.] statewide measures pursuant to NRS 293.253.
κ2015 Statutes of Nevada, Page 3178 (CHAPTER 509, AB 462)κ
Sec. 69. NRS 244A.785 is hereby amended to read as follows:
244A.785 1. The board of county commissioners of a county whose population is 700,000 or more may, by ordinance, create one or more districts within the unincorporated area of the county for the support of public parks. Such a district may include territory within the boundary of an incorporated city if so provided by interlocal agreement between the county and the city.
2. The ordinance creating a district must specify its boundaries. The area included within the district may be contiguous or noncontiguous. The boundaries set by the ordinance are not affected by later annexations to or incorporation of a city.
3. The alteration of the boundaries of such a district may be initiated by:
(a) A petition proposed unanimously by the owners of the property which is located in the proposed area which was not previously included in the district; or
(b) A resolution adopted by the board of county commissioners on its own motion.
Κ If the board of county commissioners proposes on its own motion to alter the boundaries of a district for the support of public parks, it shall, at the next primary or general election, submit to the registered voters who reside in the proposed area which was not previously included in the district, the question of whether the boundaries of the district shall be altered. If a majority of the voters approve the question, the board shall, by ordinance, alter the boundaries of the district as approved by the voters.
4. The sample ballot required to be [mailed] distributed pursuant to NRS 293.565 must include for the question described in subsection 3, a disclosure of any future increase or decrease in costs which may be reasonably anticipated in relation to the purposes of the district for the support of public parks and its probable effect on the districts tax rate.
Sec. 70. NRS 266.0325 is hereby amended to read as follows:
266.0325 1. At least 10 days before an election held pursuant to NRS 266.029, the county clerk or registrar of voters shall [cause to be mailed] distribute to each qualified elector by mail or electronic means, as applicable, a sample ballot for the electors precinct with a notice informing the elector of the location of the polling place for that precinct. A sample ballot may be distributed by electronic means to an elector only if the county clerk has established a system for distributing sample ballots by electronic means pursuant to NRS 293.565 and the elector elects to receive a sample ballot by electronic means.
2. The sample ballot must:
(a) Be in the form required by NRS 266.032.
(b) Include the information required by NRS 266.032.
(c) Except as otherwise provided in subsection 3, be [printed] prepared in at least 12-point type.
(d) Describe the area proposed to be incorporated by assessors parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the State, a county, a city, a township, a section or any combination thereof.
κ2015 Statutes of Nevada, Page 3179 (CHAPTER 509, AB 462)κ
(e) Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.
(f) Include on the front page, in a separate box created by bold lines, a notice [printed] prepared in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot [mailed] distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be [printed] prepared in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots [mailed] distributed to that person from the county are in large type.
Sec. 71. NRS 266.034 is hereby amended to read as follows:
266.034 1. The costs incurred by the board of county commissioners in carrying out the provisions relating to the incorporation, including the costs incurred in certifying the petition, publishing the notices, requesting the report pursuant to NRS 266.0261, conducting the public hearing and election, including the cost of [mailing] distributing the sample ballots, and any appeal pursuant to NRS 266.0265 are a charge against the county if the proposed incorporation is not submitted to the voters or the incorporation is disapproved by the voters, and a charge against the incorporated city if the incorporation is approved by the voters.
2. The costs incurred by the incorporators in carrying out the provisions relating to the incorporation, including the costs incurred in preparation of the petition for incorporation, preparation of the descriptions and map of the area proposed to be incorporated and circulation of the petition are chargeable to the incorporated city if the incorporation is approved by the voters.
Sec. 72. NRS 349.015 is hereby amended to read as follows:
349.015 1. Except as otherwise provided in subsection 3, the sample ballot required to be [mailed] distributed pursuant to NRS 293.565 or 293C.530, and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and
(2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
κ2015 Statutes of Nevada, Page 3180 (CHAPTER 509, AB 462)κ
(e) An estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds.
(f) The maximum amount of the bonds.
(g) The maximum rate of interest.
(h) The maximum number of years which the bonds are to run.
2. Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.
Sec. 73. NRS 350.024 is hereby amended to read as follows:
350.024 1. The ballot question for a proposal submitted to the electors of a municipality pursuant to subsection 1 of NRS 350.020 must contain the principal amount of the general obligations to be issued or incurred, the purpose of the issuance or incurrence of the general obligations and an estimate established by the governing body of:
(a) The duration of the levy of property tax that will be used to pay the general obligations; and
(b) The average annual increase, if any, in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay for debt service on the general obligations to be issued or incurred.
2. Except as otherwise provided in subsection 4, the sample ballot required to be [mailed] distributed pursuant to NRS 293.565 or 293C.530 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The ballot question.
(d) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.
(e) An estimate of the range of property tax rates stated in dollars and cents per $100 of assessed value necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The municipality shall, for each such date, furnish an estimate of the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessors estimates.
3. If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.
4. Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
κ2015 Statutes of Nevada, Page 3181 (CHAPTER 509, AB 462)κ
5. If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for 2 successive calendar weeks next preceding the close of registration for the election.
Sec. 74. NRS 350.027 is hereby amended to read as follows:
350.027 1. In addition to any requirements imposed pursuant to NRS 350.024, any sample ballot required to be [mailed] distributed pursuant to NRS 293.565 or 293C.530 and any notice of election, for an election that includes a proposal for the issuance by any municipality of any bonds or other securities, including an election that is not called pursuant to NRS 350.020 to 350.070, inclusive, must contain an estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds or other securities.
2. For the purposes of this section, municipality has the meaning ascribed to it in NRS 350.538.
Sec. 75. NRS 293.053 is hereby repealed.
Sec. 76. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2. On January 1, 2016, for all other purposes.
________
Assembly Bill No. 495Committee on Legislative Operations and Elections
CHAPTER 510
[Approved: June 10, 2015]
AN ACT relating to the Legislature; requiring certain legislative measures requested by Legislators to be prefiled; revising provisions governing the submission of a request for the drafting of a legislative measure to the Legislative Counsel; revising the deadline for prefiling legislative measures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Legislative Counsel is prohibited from assigning a number to a bill draft request to establish the priority of the request until sufficient detail has been received to allow complete drafting of the requested measure. (NRS 218D.100) Sections 3-10 of this bill clarify that this prohibition applies to bill draft requests from Legislators and authorized nonlegislative requesters.
Existing law establishes deadlines by which Legislators and legislative committees are required to submit bill draft requests and subsequent deadlines by which they are required to submit sufficient detail to allow complete drafting of those requests. (NRS 218D.150, 218D.155, 218D.160) Sections 1-5 of this bill eliminate the subsequent deadlines relating to the submission of details for the drafting of a legislative measure, thereby requiring the submission of details for the drafting of a legislative measure with the bill draft request for that measure.
κ2015 Statutes of Nevada, Page 3182 (CHAPTER 510, AB 495)κ
Under existing law, certain measures requested on behalf of nonlegislative requesters are required to be prefiled on or before December 20 preceding a regular session or are deemed withdrawn. (NRS 218D.175-218D.220, 218D.575-218D.585) Sections 6-10 of this bill move that prefiling deadline for those measures to the third Wednesday in November preceding a regular session. Section 2 of this bill requires certain measures requested by Legislators to be prefiled on or before the first day of a regular legislative session.
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 218D.100 is hereby amended to read as follows:
218D.100 1. The provisions of NRS 218D.100 to 218D.220, inclusive, apply to requests for the drafting of legislative measures for a regular session.
2. Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:
(a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, for the requester; or
(b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, but is not in a subject related to the function of the requester.
3. The Legislative Counsel shall not:
(a) [Except as otherwise provided in NRS 218D.150, 218D.155 and 218D.160, assign] Assign a number to a request for the drafting of a legislative measure to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
(b) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.
(c) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.
Sec. 2. NRS 218D.150 is hereby amended to read as follows:
218D.150 1. Except as otherwise provided in this section, each:
(a) Incumbent member of the Assembly may request the drafting of:
(1) Not more than 4 legislative measures submitted to the Legislative Counsel on or before August 1 preceding a regular session;
(2) Not more than 5 legislative measures submitted to the Legislative Counsel after August 1 but on or before December 10 preceding a regular session; and
(3) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.
(b) Incumbent member of the Senate may request the drafting of:
(1) Not more than 8 legislative measures submitted to the Legislative Counsel on or before August 1 preceding a regular session;
(2) Not more than 10 legislative measures submitted to the Legislative Counsel after August 1 but on or before December 10 preceding a regular session; and
κ2015 Statutes of Nevada, Page 3183 (CHAPTER 510, AB 495)κ
(3) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.
(c) Newly elected member of the Assembly may request the drafting of:
(1) Not more than 5 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session; and
(2) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.
(d) Newly elected member of the Senate may request the drafting of:
(1) Not more than 10 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session; and
(2) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.
2. Except as otherwise provided in this subsection, on or before the first day of a regular session, each:
(a) Incumbent member of the Assembly must:
(1) Prefile at least 4 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (a) of subsection 1; or
(2) Inform the Legislative Counsel of which 4 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (a) of subsection 1 that he or she withdraws.
Κ If an incumbent member of the Assembly does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (a) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.
(b) Incumbent member of the Senate must:
(1) Prefile at least 8 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (b) of subsection 1; or
(2) Inform the Legislative Counsel of which 8 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (b) of subsection 1 that he or she withdraws.
Κ If an incumbent member of the Senate does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (b) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.
(c) Newly elected member of the Assembly must:
(1) Prefile at least 2 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (c) of subsection 1; or
(2) Inform the Legislative Counsel of which 2 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (c) of subsection 1 that he or she withdraws.
Κ If a newly elected member of the Assembly does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (c) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.
κ2015 Statutes of Nevada, Page 3184 (CHAPTER 510, AB 495)κ
measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.
(d) Newly elected member of the Senate:
(1) Prefile at least 4 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (d) of subsection 1; or
(2) Inform the Legislative Counsel of which 4 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (d) of subsection 1 that he or she withdraws.
Κ If a newly elected member of the Senate does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (d) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.
3. A Legislator may not request the drafting of a legislative measure pursuant to subsection 1 on or after the date on which the Legislator becomes a nonreturning Legislator. For the purposes of this subsection, nonreturning Legislator means a Legislator who, in the year that the Legislators term of office expires:
(a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a member of the Senate or the Assembly;
(b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or
(c) Has withdrawn as a candidate for the Senate or the Assembly.
[3.] 4. A Legislator may not request the drafting of a legislative measure pursuant to paragraph (a) or (b) of subsection 1 on or after the date on which the Legislator files a declaration or an acceptance of candidacy for election to the House in which he or she is not currently a member. If the Legislator is elected to the other House, any request that he or she submitted pursuant to paragraph (a) or (b) of subsection 1 before filing his or her declaration or acceptance of candidacy for election counts against the applicable limitation set forth in paragraph (c) or (d) of subsection 1 for the House in which the Legislator is a newly elected member.
[4. If a request made pursuant to subsection 1 is submitted:
(a) On or before August 1 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before November 1 preceding the regular session.
(b) After August 1 but on or before December 10 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before January 1 preceding the regular session.
(c) After a regular session has convened but on or before the 8th day of the regular session at 5 p.m., sufficient detail to allow complete drafting of the legislative measure must be submitted on or before the 15th day of the regular session.]
5. In addition to the number of requests authorized pursuant to subsection 1:
(a) The chair of each standing committee of the immediately preceding regular session, or a person designated in the place of the chair by the Speaker of the Assembly or the Majority Leader of the Senate, may request before the date of the general election preceding a regular session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 18 legislative measures that were referred to the respective standing committee during the immediately preceding regular session.
κ2015 Statutes of Nevada, Page 3185 (CHAPTER 510, AB 495)κ
drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 18 legislative measures that were referred to the respective standing committee during the immediately preceding regular session.
(b) A person designated after the general election as a chair of a standing committee for the next regular session, or a person designated in the place of a chair by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular session, may request on or before December 10 preceding that regular session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chair or designee.
6. [If a request made pursuant to subsection 5 is submitted:
(a) Before the date of the general election preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before December 10 preceding the regular session.
(b) After the date of the general election but on or before December 10 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before January 1 preceding the regular session.
7.] Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.
7. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
Sec. 3. NRS 218D.155 is hereby amended to read as follows:
218D.155 1. In addition to the number of requests authorized pursuant to NRS 218D.150:
(a) The Speaker of the Assembly and the Majority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 15 legislative measures for that regular session.
(b) The Minority Leader of the Assembly and the Minority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 10 legislative measures for that regular session.
(c) A person designated after the general election as the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly or the Minority Leader of the Senate for the next regular session may request before the first day of that regular session the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.
2. [If a request made pursuant to subsection 1 is submitted:
(a) Before the date of the general election preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before December 10 preceding the regular session.
(b) After the date of the general election but before the first day of a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before March 1 of the regular session.
3.] The Legislative Counsel, the Secretary of the Senate and the Chief Clerk of the Assembly may request before or during a regular session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.
κ2015 Statutes of Nevada, Page 3186 (CHAPTER 510, AB 495)κ
without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.
3. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
Sec. 4. NRS 218D.160 is hereby amended to read as follows:
218D.160 1. The Chair of the Legislative Commission may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.
2. The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee.
3. [If a request made pursuant to subsection 1 or 2 is submitted before the first day of a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before March 1 of the regular session.
4.] Except as otherwise provided by a specific statute, joint rule or concurrent resolution:
(a) Any legislative committee created by a statute, other than an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.
(b) Any committee or subcommittee established by an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee or subcommittee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.
(c) Any other committee established by the Legislature which conducts an interim legislative study or investigation may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation.
Κ The requests authorized pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding a regular session unless the Legislative Commission authorizes submitting a request after that date.
[5. If a request made pursuant to subsection 4 is submitted on or before September 1 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before November 1 preceding the regular session.
6.] 4. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.
5. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
κ2015 Statutes of Nevada, Page 3187 (CHAPTER 510, AB 495)κ
Sec. 5. NRS 218D.175 is hereby amended to read as follows:
218D.175 1. For a regular session, the Governor or the Governors designated representative may request the drafting of not more than 110 legislative measures which have been approved by the Governor or the Governors designated representative on behalf of the officers, agencies, boards, commissions, departments and other units of the Executive Department. The requests must be submitted to the Legislative Counsel on or before August 1 preceding the regular session.
2. The Department of Administration may request on or before the 19th day of a regular session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of a regular session to propose the Governors legislative agenda.
3. For a regular session, the following constitutional officers may request, without the approval of the Governor or the Governors designated representative, the drafting of not more than the following numbers of legislative measures, which must be submitted to the Legislative Counsel on or before September 1 preceding the regular session:
Lieutenant Governor.................................................................................... 3
Secretary of State.......................................................................................... 6
State Treasurer............................................................................................... 5
State Controller.............................................................................................. 5
Attorney General......................................................................................... 20
4. In addition to the requests authorized by subsection 3, the Secretary of State may request, without the approval of the Governor or the Governors designated representative, the drafting of not more than 2 legislative measures, which must be submitted to the Legislative Counsel on or before December [1] 31 preceding the regular session. [Sufficient detail to allow complete drafting of the legislative measures requested pursuant to this subsection must be submitted on or before December 31 preceding the regular session.]
5. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to subsections 1 and 3 must be prefiled on or before [December 20] the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that [date] day shall be deemed withdrawn.
6. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
Sec. 6. NRS 218D.190 is hereby amended to read as follows:
218D.190 1. For a regular session, the Supreme Court may request the drafting of not more than 10 legislative measures which have been approved by the Supreme Court on behalf of the Judicial Department. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.
κ2015 Statutes of Nevada, Page 3188 (CHAPTER 510, AB 495)κ
2. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before [December 20] the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that [date] day shall be deemed withdrawn.
3. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
Sec. 7. NRS 218D.205 is hereby amended to read as follows:
218D.205 1. For a regular session, each board of county commissioners, board of trustees of a school district and city council may request the drafting of not more than the numbers of legislative measures set forth in this section if the requests are:
(a) Approved by the governing body of the county, school district or city at a public hearing before their submission to the Legislative Counsel; and
(b) Submitted to the Legislative Counsel on or before September 1 preceding the regular session.
2. The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.
3. The board of county commissioners of a county whose population:
(a) Is 700,000 or more may request the drafting of not more than 4 legislative measures for a regular session.
(b) Is 100,000 or more but less than 700,000 may request the drafting of not more than 2 legislative measures for a regular session.
(c) Is less than 100,000 may request the drafting of not more than 1 legislative measure for a regular session.
4. The board of trustees of a school district in a county whose population:
(a) Is 700,000 or more may request the drafting of not more than 2 legislative measures for a regular session.
(b) Is less than 700,000 may request the drafting of not more than 1 legislative measure for a regular session.
5. The city council of a city whose population:
(a) Is 500,000 or more may request the drafting of not more than 3 legislative measures for a regular session.
(b) Is 150,000 or more but less than 500,000 may request the drafting of not more than 2 legislative measures for a regular session.
(c) Is less than 150,000 may request the drafting of not more than 1 legislative measure for a regular session.
6. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before [December 20] the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that [date] day shall be deemed withdrawn.
κ2015 Statutes of Nevada, Page 3189 (CHAPTER 510, AB 495)κ
7. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
8. As used in this section, population means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.
Sec. 8. NRS 218D.210 is hereby amended to read as follows:
218D.210 1. For a regular session, an association of counties or cities may request the drafting of not more than 5 legislative measures. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.
2. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before [December 20] the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that [date] day shall be deemed withdrawn.
3. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
Sec. 9. NRS 218D.220 is hereby amended to read as follows:
218D.220 1. For a regular session, the Nevada Silver Haired Legislative Forum created by NRS 427A.320 may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Forum. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.
2. A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before [December 20] the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that [date] day shall be deemed withdrawn.
3. The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.
Sec. 10. This act becomes effective on July 1, 2015.
________
κ2015 Statutes of Nevada, Page 3190κ
Assembly Bill No. 496Committee on Legislative Operations and Elections
CHAPTER 511
[Approved: June 10, 2015]
AN ACT relating to the Legislative Department of the State Government; revising and clarifying provisions relating to the Legislative Department of the State Government; clarifying provisions relating to legislative studies and investigations; clarifying provisions relating to the work produced by and matters entrusted to the Legislative Counsel Bureau; clarifying the statutory codification of the constitutional doctrines of separation of powers and legislative privilege and immunity; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Legislative Commission has been given certain powers and duties regarding the operation of legislative studies and investigations assigned to it by a concurrent resolution of the Legislature. Existing law also imposes certain requirements and restrictions on the staff of the Legislative Counsel Bureau regarding such studies and investigations. (NRS 218E.205) Section 1 of this bill clarifies this existing law to state that it applies when legislative studies and investigations are assigned by either a statute or a concurrent resolution.
Under existing law, the officers and employees of the Legislative Counsel Bureau are prohibited from disclosing the nature or content of any matter entrusted to the Legislative Counsel Bureau unless the person entrusting the matter to the Legislative Counsel Bureau requests or consents to the disclosure. Existing law also protects the work product of the officers and employees of the Legislative Counsel Bureau and generally prohibits its disclosure with limited exceptions. (NRS 218F.150) Section 2 of this bill clarifies this existing law to state that it applies to any such matter or work in any form, including, without limitation, in any oral, written, audio, visual, digital or electronic form, and that any such matter or work includes, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any such form.
Under existing case law, the constitutional doctrines of separation of powers and legislative privilege and immunity protect State Legislators from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions taken or performed within the sphere of legitimate legislative activity. (Bogan v. Scott-Harris, 523 U.S. 44, 54 (1998) (Absolute legislative immunity attaches to all actions taken in the sphere of legitimate legislative activity. (quoting Tenney v. Brandhove, 341 U.S. 367, 376 (1951))); Guinn v. Legislature (Guinn II), 119 Nev. 460, 472 (2003) (Under the separation of powers doctrine, individual legislators cannot, nor should they, be subject to fines or other penalties for voting in a particular way.); Steiner v. Superior Court, 58 Cal. Rptr. 2d 668, 678 n.20 (Cal. Ct. App. 1996) (The California separation of powers provision, however, provides a sufficient ground to protect legislators from punitive action that unduly impinges on their function.); Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 601-603 (1856); 1 Joseph Story, Commentaries on the Constitution of the United States § 866 (5th ed. 1905); Thomas M. Cooley, A Treatise on Constitutional Limitations 929 (8th ed. 1927)) These constitutional doctrines include, without limitation, a testimonial privilege and an evidentiary privilege which protect State Legislators from having to testify or disclose documents in administrative or judicial proceedings when such acts would intrude upon, interfere with or pry into the legislative process. (Gravel v. United States, 408 U.S. 606, 613-22 (1972); United States v.
κ2015 Statutes of Nevada, Page 3191 (CHAPTER 511, AB 496)κ
States v. Rayburn House Office Bldg., 497 F.3d 654, 659-60 (D.C. Cir. 2007)) In addition to protecting State Legislators, these constitutional doctrines also protect any other person who takes or performs any actions within the sphere of legitimate legislative activity that would be protected if taken or performed by a State Legislator. (Gravel v. United States, 408 U.S. 606, 613-22 (1972); Eastland v. United States Servicemens Fund, 421 U.S. 491, 507-11 (1975))
In Nevada, the constitutional doctrines of separation of powers and legislative privilege and immunity have been codified in statutory form in NRS 41.071, and the statute expressly and explicitly incorporates the long-standing case law interpreting and applying the constitutional doctrines of separation of powers and legislative privilege and immunity under the Speech or Debate Clause of Section 6 of Article I of the United States Constitution. To provide further assistance to the reader of the statute who may be unfamiliar with the existing case law, section 3 of this bill amends NRS 41.071 to specify that the statute applies to any actions taken or performed within the sphere of legitimate legislative activity, whether or not the Legislature is in a regular or special session, and to describe, without limitation, some of the actions that are deemed to be taken or performed within the sphere of legitimate legislative activity. Section 3, however, provides that such a description is intended to be illustrative and is not intended to be exhaustive or exclusive and must not be interpreted as a limitation or restriction on the constitutional doctrines of separation of powers and legislative privilege and immunity. Section 3 also codifies the existing case law by providing that in addition to protecting State Legislators, these constitutional doctrines also protect any other person who takes or performs any actions within the sphere of legitimate legislative activity that would be protected if taken or performed by a State Legislator.
Finally, section 5 of this bill states that the provisions of this bill are a legislative pronouncement of already existing law and are intended to clarify rather than change such existing law. When a bill is a legislative pronouncement of already existing law or otherwise clarifies such existing law, the general rule is that the bill will be applied to any cases pending on the bills effective date, even if those cases were commenced before that effective date. (Valdez v. Employers Ins. Co. of Nev., 123 Nev. 170, 179-80 (2007); Madera v. State Indus. Ins. Sys., 114 Nev. 253, 257-58 (1998); Truckee River Gen. Elec. Co. v. Durham, 38 Nev. 311, 316 (1915)) In accordance with this general rule, section 5 states that this bill applies to any administrative or judicial proceedings pending or otherwise unresolved on the effective date of this bill, even if the proceedings were commenced before the effective date of this bill. Section 6 of this bill provides that it becomes effective upon passage and approval.
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 218E.205 is hereby amended to read as follows:
218E.205 1. Between regular sessions, the Legislative Commission:
(a) Shall fix the work priority of all studies and investigations assigned to it by a statute or concurrent resolution or directed by an order of the Legislative Commission, within the limits of available time, money and staff.
(b) Shall not make studies or investigations directed by a resolution of only one House or studies or investigations proposed but not approved during the preceding regular session.
2. All requests for the drafting of legislative measures to be recommended as the result of a study or investigation must be made in accordance with NRS 218D.160.
3. Except as otherwise provided by NRS 218E.210, between regular sessions, a study or investigation may not be initiated or continued by the Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs, except studies and investigations which have been specifically authorized by a statute, concurrent resolution or [by an] order of the Legislative Commission.
κ2015 Statutes of Nevada, Page 3192 (CHAPTER 511, AB 496)κ
Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs, except studies and investigations which have been specifically authorized by a statute, concurrent resolution or [by an] order of the Legislative Commission.
4. A study or investigation may not be carried over from one regular session to the next without additional authorization by a statute, concurrent resolution [,] or order of the Legislative Commission, except audits in progress whose carryover has been approved by the Legislative Commission.
5. Except as otherwise provided by a specific statute, the staff of the Legislative Counsel Bureau shall not serve as primary administrative or professional staff for a committee established by a statute, concurrent resolution or order of the Legislative Commission to conduct a study or investigation, unless the chair of the committee is required by the statute [or] , concurrent resolution or order of the Legislative Commission to be a Legislator.
6. The Legislative Commission shall review and approve the budget and work program and any changes to the budget or work program for each study or investigation conducted by the Legislative Commission or a committee or subcommittee established by the Legislative Commission.
7. A committee or subcommittee established to conduct a study or investigation assigned to the Legislative Commission by a statute or concurrent resolution or directed by an order of the Legislative Commission must, unless otherwise ordered by the Legislative Commission, meet not earlier than January 1 of the even-numbered year and not later than June 30 of that year.
Sec. 2. NRS 218F.150 is hereby amended to read as follows:
218F.150 1. The Director and other officers and employees of the Legislative Counsel Bureau shall not:
(a) Oppose or urge legislation, except as the duties of the Director, the Legislative Auditor, the Legislative Counsel, the Research Director and the Fiscal Analysts require them to make recommendations to the Legislature.
(b) Except as otherwise provided in this section, NRS 218D.130, 218D.135, 218D.250 and 353.211, disclose to any person outside the Legislative Counsel Bureau the nature or content of any matter entrusted to the Legislative Counsel Bureau, and such matter is confidential and privileged and is not subject to discovery or subpoena, unless the person entrusting the matter to the Legislative Counsel Bureau requests or consents to the disclosure.
2. The nature or content of any work [previously done] produced by the officers and employees of the Research Division may be disclosed if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any [material] matter submitted by the requester which has not been published or publicly disclosed.
3. The nature and content of [the] any work [product of] produced by the officers and employees of the Legal Division and the Fiscal Analysis Division and any matter entrusted to those officers and employees to produce such work are confidential and privileged and are not subject to discovery or subpoena.
4. The provisions of subsections 1, 2 and 3 apply to any matter or work in any form, including, without limitation, in any oral, written, audio, visual, digital or electronic form, and such matter or work includes, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any such form.
κ2015 Statutes of Nevada, Page 3193 (CHAPTER 511, AB 496)κ
advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any such form.
5. When a statute has been enacted or a resolution adopted, the Legislative Counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
[5.] 6. The records of the travel expenses of Legislators and officers and employees of the Legislature and the Legislative Counsel Bureau are available for public inspection at such reasonable hours and under such other conditions as the Legislative Commission prescribes.
Sec. 3. NRS 41.071 is hereby amended to read as follows:
41.071 1. The Legislature hereby finds and declares that:
(a) The Framers of the Nevada Constitution created a system of checks and balances so that the constitutional powers separately vested in the Legislative, Executive and Judicial Departments of State Government may be exercised without intrusion from the other Departments.
(b) As part of the system of checks and balances, the constitutional doctrines of separation of powers and legislative privilege and immunity facilitate the autonomy of the Legislative Department by curtailing intrusions by the Executive or Judicial Department into the sphere of legitimate legislative activities.
(c) The constitutional doctrines of separation of powers and legislative privilege and immunity protect State Legislators from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.
(d) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must not be hindered or obstructed by executive or judicial oversight that realistically threatens to control their conduct as Legislators.
(e) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must be free to represent the interests of their constituents with assurance that they will not later be called to task for that representation by the other branches of government.
(f) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must not be questioned or sanctioned by the other branches of government for their actions in carrying out their core or essential legislative functions.
(g) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, the only governmental entity that may question or sanction a State Legislator for any actions taken within the sphere of legitimate legislative activity is the Legislators own House pursuant to Section 6 of Article 4 of the Nevada Constitution.
(h) Therefore, the purpose and effect of this section is to implement the constitutional doctrines of separation of powers and legislative privilege and immunity by codifying in statutory form the constitutional right of State Legislators to be protected from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.
2. For any speech or debate in either House, a State Legislator shall not be questioned in any other place.
κ2015 Statutes of Nevada, Page 3194 (CHAPTER 511, AB 496)κ
3. In interpreting and applying the provisions of this section, the interpretation and application given to the constitutional doctrines of separation of powers and legislative privilege and immunity under the Speech or Debate Clause of Section 6 of Article I of the Constitution of the United States must be considered to be persuasive authority.
4. The rights, privileges and immunities recognized by this section are in addition to any other rights, privileges and immunities recognized by law.
5. This section applies to any actions, in any form, taken or performed within the sphere of legitimate legislative activity, whether or not the Legislature is in a regular or special session, and such actions include, without limitation:
(a) Any actions, in any form, taken or performed with regard to any legislative measure or other matter within the jurisdiction of the Legislature, including, without limitation, conceiving, formulating, investigating, developing, requesting, drafting, introducing, sponsoring, processing, reviewing, revising, amending, communicating, discussing, debating, negotiating, allying, caucusing, meeting, considering, supporting, advocating, approving, opposing, blocking, disapproving or voting in any form.
(b) Any actions, in any form, taken or performed with regard to any legislative investigation, study, inquiry or information-gathering concerning any legislative measure or other matter within the jurisdiction of the Legislature, including, without limitation, chairing or serving on a committee, preparing committee reports or other documents, issuing subpoenas or conducting disciplinary or impeachment proceedings.
(c) Any actions, in any form, taken or performed with regard to requesting, seeking or obtaining any form of aid, assistance, counsel or services from any officer or employee of the Legislature concerning any legislative measure or other matter within the jurisdiction of the Legislature, including, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any form.
6. The provisions of subsection 5:
(a) Are intended to be illustrative;
(b) Are not intended to be exhaustive or exclusive; and
(c) Must not be interpreted as a limitation or restriction on the constitutional doctrines of separation of powers and legislative privilege and immunity.
7. As used in this section [.] :
(a) Any form includes, without limitation, any oral, written, audio, visual, digital or electronic form.
(b) Legislative measure means any existing, suggested, proposed or pending bill, resolution, law, statute, ballot question, initiative, referendum or other legislative or constitutional measure.
(c) Legislature means:
(1) The Legislature or either House;
(2) Any committee of either House;
(3) Any joint committee of both Houses; or
(4) Any other committee, subcommittee, commission, agency or entity created or authorized by the Legislature to perform legislative functions at the direction of the Legislature, including, without limitation, the Legislative Commission, the Legislative Counsel Bureau or any other agency or entity of the Legislative Department of State Government.
κ2015 Statutes of Nevada, Page 3195 (CHAPTER 511, AB 496)κ
the Legislative Commission, the Legislative Counsel Bureau or any other agency or entity of the Legislative Department of State Government.
(d) State Legislator or Legislator means [a] :
(1) Any current or former member of the Senate or Assembly of the State of Nevada [.] ; or
(2) Any other person who takes or performs any actions within the sphere of legitimate legislative activity that would be protected if taken or performed by any member of the Senate or Assembly, including, without limitation, any such actions taken or performed by any current or former officer or employee of the Legislature.
Sec. 4. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 598.0964, 598A.110, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.
κ2015 Statutes of Nevada, Page 3196 (CHAPTER 511, AB 496)κ
640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 5. The amendatory provisions of this act:
1. Are a legislative pronouncement of already existing law and are intended to clarify rather than change such existing law; and
2. Apply to any administrative or judicial proceedings:
(a) Commenced on or after the effective date of this act; or
(b) Commenced before the effective date of this act if the proceedings are pending or otherwise unresolved on the effective date of this act.
Sec. 6. This act becomes effective upon passage and approval.
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