[Rev. 12/20/2019 4:54:57 PM]
κ2019 Statutes of Nevada, Page 1111κ
Senate Bill No. 95Committee on Health and Human Services
CHAPTER 202
[Approved: May 29, 2019]
AN ACT relating to health care; requiring certain medical facilities to adhere to a diet that is ordered or prescribed for a patient; authorizing a hospital to grant clinical privileges to a dietitian; authorizing a dietitian to order a special diet or nutritional supplement for a patient in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term medical facility to include a surgical center for ambulatory patients, an obstetric center, an independent center for emergency medical care, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a facility for hospice care, a hospital, a psychiatric hospital, a facility for the treatment of irreversible renal disease, a rural clinic, a nursing pool, a facility for modified medical detoxification, a facility for refractive surgery, a mobile unit, a community triage center and a program of hospice care. (NRS 449.0151, 449.029) Section 1 of this bill requires a medical facility to take any actions necessary to adhere to a diet that is ordered or prescribed for a patient. Section 1 also authorizes a hospital to grant clinical privileges to a licensed dietitian for the purposes of ordering diets, ordering laboratory tests to monitor the effectiveness of diets and making modifications to diets based on laboratory tests. Sections 2-9 and 11 of this bill make conforming changes.
Existing law authorizes a licensed dietitian to develop and manage operations to provide food, care and treatment programs prescribed by a physician, physician assistant, dentist, advanced practice registered nurse or podiatric physician. (NRS 640E.260) Section 10 of this bill additionally authorizes a licensed dietitian to order a diet or nutritional supplement for a patient.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A medical facility shall take such actions as necessary to ensure that the facility provides a diet for each patient for whom a special diet has been ordered by a licensed dietitian or prescribed by a physician, physician assistant, dentist, advanced practice registered nurse or podiatric physician that complies with the order or prescription. Such actions may include, without limitation, purchasing any food or beverage necessary to comply.
2. A medical facility shall maintain documentation which demonstrates that the facility is in compliance with the requirements of subsection 1 and make such documentation available to the Division upon request.
κ2019 Statutes of Nevada, Page 1112 (CHAPTER 202, SB 95)κ
3. A hospital may grant clinical privileges to a licensed dietitian for the purposes of:
(a) Ordering special diets for patients;
(b) Ordering laboratory tests to monitor the effectiveness of special diets or other dietary plans; and
(c) Modifying special diets or other dietary plans based on the results of laboratory tests.
Sec. 2. NRS 449.029 is hereby amended to read as follows:
449.029 As used in NRS 449.029 to 449.240, inclusive, and section 1 of this act, unless the context otherwise requires, medical facility has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
Sec. 3. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
Sec. 4. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 1 of this act and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and section 1 of this act.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease.
κ2019 Statutes of Nevada, Page 1113 (CHAPTER 202, SB 95)κ
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
κ2019 Statutes of Nevada, Page 1114 (CHAPTER 202, SB 95)κ
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
κ2019 Statutes of Nevada, Page 1115 (CHAPTER 202, SB 95)κ
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 5. NRS 449.0306 is hereby amended to read as follows:
449.0306 1. Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund to the credit of the Division.
2. The Division shall enforce the provisions of NRS 449.029 to 449.245, inclusive, and section 1 of this act and may incur any necessary expenses not in excess of money authorized for that purpose by the State or received from the Federal Government.
Sec. 6. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 1 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 1 of this act, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
κ2019 Statutes of Nevada, Page 1116 (CHAPTER 202, SB 95)κ
(f) Failure to comply with the provisions of NRS 449.2486.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 7. NRS 449.163 is hereby amended to read as follows:
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
κ2019 Statutes of Nevada, Page 1117 (CHAPTER 202, SB 95)κ
(e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act, 449.435 to 449.530, inclusive, and 449.760 and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Sec. 8. NRS 449.220 is hereby amended to read as follows:
449.220 1. The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.029 to 449.2428, inclusive [:] , and section 1 of this act:
(a) Without first obtaining a license therefor; or
(b) After his or her license has been revoked or suspended by the Division.
2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.
Sec. 9. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act.
Sec. 10. NRS 640E.260 is hereby amended to read as follows:
640E.260 1. A licensed dietitian shall provide nutrition services to assist a person in achieving and maintaining proper nourishment and care of his or her body, including, without limitation:
(a) Assessing the nutritional needs of a person and determining resources for and constraints in meeting those needs by obtaining, verifying and interpreting data;
κ2019 Statutes of Nevada, Page 1118 (CHAPTER 202, SB 95)κ
(b) Determining the metabolism of a person and identifying the food, nutrients and supplements necessary for growth, development, maintenance or attainment of proper nourishment of the person;
(c) Considering the cultural background and socioeconomic needs of a person in achieving or maintaining proper nourishment;
(d) Identifying and labeling nutritional problems of a person;
(e) Recommending the appropriate method of obtaining proper nourishment, including, without limitation, orally, intravenously or through a feeding tube;
(f) Providing counseling, advice and assistance concerning health and disease with respect to the nutritional intake of a person;
(g) Establishing priorities, goals and objectives that meet the nutritional needs of a person and are consistent with the resources of the person, including, without limitation, providing instruction on meal preparation;
(h) Treating nutritional problems of a person and identifying patient outcomes to determine the progress made by the person;
(i) Planning activities to change the behavior, risk factors, environmental conditions or other aspects of the health and nutrition of a person, a group of persons or the community at large;
(j) Developing, implementing and managing systems to provide care related to nutrition;
(k) Evaluating and maintaining appropriate standards of quality in the services provided;
(l) Accepting and transmitting verbal and electronic orders required to meet the nutritional needs of a patient from a physician ; [consistent with an established protocol to implement medical nutrition therapy; and]
(m) Ordering a special diet or nutritional supplement, including, without limitation, medical nutrition therapy, to address the nutritional needs of a patient; and
(n) Ordering medical laboratory tests relating to the therapeutic treatment concerning the nutritional needs of a patient when authorized to do so by a written protocol prepared or approved by a physician.
2. A licensed dietitian may use medical nutrition therapy to manage, treat or rehabilitate a disease, illness, injury or medical condition of a patient, including, without limitation:
(a) Interpreting data and [recommending] making recommendations or issuing orders concerning the nutritional needs of the patient through methods such as diet, feeding tube, intravenous solutions or specialized oral feedings;
(b) Determining the interaction between food and drugs prescribed to the patient; and
(c) Developing and managing operations to provide food, care and treatment programs [prescribed by a physician, physician assistant, dentist, advanced practice registered nurse or podiatric physician] that monitor or alter the food and nutrient levels of the patient.
3. A licensed dietitian shall not provide medical diagnosis of the health of a person.
Sec. 11. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
κ2019 Statutes of Nevada, Page 1119 (CHAPTER 202, SB 95)κ
conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his or her license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
2. If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.
3. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
5. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
Sec. 12. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 13. This act becomes effective on July 1, 2019.
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κ2019 Statutes of Nevada, Page 1120κ
Senate Bill No. 101Committee on Finance
CHAPTER 203
[Approved: May 29, 2019]
AN ACT relating to education; revising the date by which the Superintendent of Public Instruction must present the equity allocation model used for calculating the basic support guarantee to the Legislative Committee on Education; requiring the Superintendent to adopt the equity allocation model not earlier than a certain date; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for a basic support guarantee to be provided for each pupil who attends public school in this State. The amount of the basic support guarantee is established for each school district for each school year and is calculated using an equity allocation model, which incorporates a variety of factors including any factor the Superintendent of Public Instruction determines should be incorporated after consultation with the school districts and the State Public Charter School Authority. Existing law requires the Superintendent to, not later than July 1 of each even-numbered year, review and, if necessary, revise the factors used for the equity allocation model adopted for the previous biennium and present the model to the Legislative Committee on Education for consideration and recommendations. The Superintendent must then determine whether to incorporate the recommendations made by the Committee and subsequently adopt the model. (NRS 387.122) This bill revises the date that the Superintendent must present the equity allocation model to the Committee from not later than July 1 to not later than May 1 of each even-numbered year and requires the Superintendent to adopt the model not earlier than July 1 of each even-numbered year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.122 is hereby amended to read as follows:
387.122 1. For making the apportionments of the State Distributive School Account in the State General Fund required by the provisions of this title, the basic support guarantee per pupil for each school district is established by law for each school year. The formula for calculating the basic support guarantee may be expressed as an estimated weighted average per pupil, based on the total expenditures for public education in the immediately preceding even-numbered fiscal year, plus any legislative appropriations for the immediately succeeding biennium, minus those local funds not guaranteed by the State pursuant to NRS 387.163.
2. The estimated weighted average per pupil for the State must be calculated as a basic support guarantee for each school district through an equity allocation model that incorporates:
(a) Factors relating to wealth in the school district;
(b) Salary costs;
(c) Transportation; and
κ2019 Statutes of Nevada, Page 1121 (CHAPTER 203, SB 101)κ
(d) Any other factor determined by the Superintendent of Public Instruction after consultation with the school districts and the State Public Charter School Authority.
3. The basic support guarantee per pupil must include a statewide multiplier for pupils with disabilities. Except as otherwise provided in this section, the funding provided to each school district and charter school through the multiplier for pupils with disabilities is limited to the actual number of pupils with disabilities enrolled in the school district or charter school, not to exceed 13 percent of total pupil enrollment for the school district or charter school.
4. Except as otherwise provided in this subsection, if a school district or charter school has reported an enrollment of pupils with disabilities equal to more than 13 percent of total pupil enrollment, the school district or charter school must receive, for each such additional pupil, an amount of money equal to one-half of the statewide multiplier then in effect for pupils with disabilities. An apportionment made to a school district or charter school pursuant to this subsection is subject to change from year to year in accordance with the number of pupils with disabilities enrolled in the school district or charter school. If the money available for apportionment pursuant to this subsection is insufficient to make the apportionment otherwise required by this subsection, the Superintendent of Public Instruction shall proportionately reduce the amount so apportioned to each school district and charter school. The Department shall account separately for any money apportioned pursuant to this subsection.
5. Not later than [July] May 1 of each even-numbered year, the Superintendent of Public Instruction shall review and, if necessary, revise the factors used for the equity allocation model adopted for the previous biennium and present the review and any revisions at a meeting of the Legislative Committee on Education for consideration and recommendations by the Committee. After the meeting, the Superintendent of Public Instruction shall consider any recommendations of the Legislative Committee on Education [,] and determine whether to include those recommendations in the equity allocation model . [and] Not earlier than July 1 of each even-numbered year, the Superintendent of Public Instruction shall adopt the equity allocation model. The Superintendent of Public Instruction shall submit the equity allocation model to the:
(a) Governor for inclusion in the proposed executive budget.
(b) Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.
6. The Department shall make available updated information regarding the equity allocation model on the Internet website maintained by the Department.
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κ2019 Statutes of Nevada, Page 1122κ
Senate Bill No. 108Senator Woodhouse
CHAPTER 204
[Approved: May 29, 2019]
AN ACT relating to the Nevada Youth Legislature; revising provisions governing vacancies on, meetings of and holding certain positions on the Nevada Youth Legislature; revising the qualifications for appointment to the Board of Directors for the corporation for public benefit that administers the Nevada Youth Legislature; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the creation, membership, powers and duties of the Nevada Youth Legislature and for the establishment of a Board of Directors appointed by the Legislative Commission to govern the corporation for public benefit that administers the Youth Legislature. (NRS 219A.010-219A.310) Under existing law, members of the Youth Legislature serve a term of 2 years and may be reappointed to one successive 2-year term. (NRS 219A.130) Existing law also provides that a position on the Youth Legislature becomes vacant if a member has accrued two or more absences from meetings, activities or event days of the Youth Legislature, unless the absences are excused by the Chair or Vice Chair of the Board of Directors. (NRS 219A.150)
Section 1 of this bill revises existing law to provide that a position on the Youth Legislature becomes vacant if the Chair or Vice Chair of the Board of Directors determines that the member has any combination of unexcused absences or incomplete assignments which, in the aggregate, amounts to three or more missed or incomplete activity credits during the members term. Section 1 also defines an activity credit as a credit, or any fractional portion of a credit, which the Board of Directors has determined that a member is eligible to earn for attending meetings or event days or completing any other assigned activities.
Under existing law, the Youth Legislature elects a Chair and Vice Chair from among its members to serve for a term of 1 year. (NRS 219A.200) Section 2 of this bill prohibits a member of the Youth Legislature who is elected to serve as Chair or Vice Chair of the Youth Legislature for any part of the first year of his or her term from serving in either position for any part of the second year of his or her term. Section 2 also requires a vacancy in the office of Chair or Vice Chair of the Youth Legislature to be filled for the remainder of the term in the same manner as the original election.
Existing law establishes the powers and duties of the Youth Legislature and sets forth requirements regarding public meetings and other activities. (NRS 219A.210) Section 3 of this bill clarifies the types of issues the Youth Legislature may consider to include any environmental, legal, political or social issues. Section 3 also removes the requirement that each member must conduct at least one meeting to discuss certain issues with the youth of this State and instead provides that each member must complete, in the manner required by the Board of Directors, any assigned activities of the Youth Legislature.
Existing law requires the public meetings of the Youth Legislature and its committees to comply with the Open Meeting Law, which includes potential civil and criminal penalties for violations of its provisions. (NRS 219A.210; chapter 241 of NRS) Section 3 removes the requirement that the public meetings of the Youth Legislature and its committees must comply with the Open Meeting Law and instead requires such public meetings to comply, to the extent practicable, with the policies of the Legislature and its committees for holding public meetings. Section 3 further specifies certain types of meetings and other activities of the Youth Legislature and its committees that are not required to be open to the public, including meetings and other activities that are conducted solely for purposes of orientation, instruction or training of members or are related to internal organization, affairs or management.
κ2019 Statutes of Nevada, Page 1123 (CHAPTER 204, SB 108)κ
its committees that are not required to be open to the public, including meetings and other activities that are conducted solely for purposes of orientation, instruction or training of members or are related to internal organization, affairs or management.
Existing law provides that the members of the Board of Directors are appointed by the Legislative Commission but does not specify any particular requirements regarding the composition of the Board. (NRS 219A.300) Section 4 of this bill requires the Board to consist of at least one member of the Senate, one member of the Assembly, one member of the general public and, if practicable, one person who has previously served on the Youth Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 219A.150 is hereby amended to read as follows:
219A.150 1. A position on the Youth Legislature becomes vacant upon:
(a) The death or resignation of a member.
(b) The [absence] determination of the Chair or Vice Chair of the Board, as applicable, that a member has accrued, for any reason [from:
(1) Two meetings of the Youth Legislature, including, without limitation, meetings conducted in person, meetings conducted by teleconference, meetings conducted by videoconference and meetings conducted by other electronic means;
(2) Two activities of the Youth Legislature;
(3) Two event days of the Youth Legislature; or
(4) Any] , any combination of [absences] :
(1) Absences from meetings [, activities] or event days of the Youth Legislature [,] ; or
(2) Incompletions of any other activities that are assigned to him or her by the Board as a member of the Youth Legislature,
Κ if the combination of absences [therefrom equals two] or incompletions amounts to three or more [,
Κ] missed or unsuccessful activity credits during his or her term, unless the absences or incompletions are [, as applicable,] excused , in whole or in part, by the Chair or Vice Chair of the Board [.] , as applicable.
(c) A change of residency or a change of the school of enrollment of a member which renders that member ineligible under his or her original appointment.
2. In addition to the provisions of subsection 1, a position on the Youth Legislature becomes vacant if:
(a) A member of the Youth Legislature graduates from high school or otherwise ceases to attend public school or private school for any reason other than to become a homeschooled child or opt-in child; or
(b) A member of the Youth Legislature who is a homeschooled child or opt-in child completes an educational plan of instruction for grade 12 or otherwise ceases to be a homeschooled child or opt-in child for any reason other than to enroll in a public school or private school.
3. A vacancy on the Youth Legislature must be filled:
(a) For the remainder of the unexpired term in the same manner as the original appointment, except that, if the remainder of the unexpired term is less than 1 year, the member of the Senate who made the original appointment may appoint a person who:
κ2019 Statutes of Nevada, Page 1124 (CHAPTER 204, SB 108)κ
term is less than 1 year, the member of the Senate who made the original appointment may appoint a person who:
(1) Is enrolled in a public school or private school in this State in grade 12 or who is a homeschooled child or opt-in child who is otherwise eligible to enroll in a public school in this State in grade 12; and
(2) Satisfies the qualifications set forth in paragraphs (a) and (c) of subsection 1 of NRS 219A.140.
(b) Insofar as is practicable, within 30 days after the date on which the vacancy occurs.
4. As used in this section [, event] :
(a) Activity credit means a credit, or any fractional portion thereof, that the Board has determined a member is eligible to earn for:
(1) Attending meetings or event days of the Youth Legislature; or
(2) Completing, in the manner required by the Board, any other activities that are assigned to him or her by the Board as a member of the Youth Legislature.
(b) Event day means any single calendar day on which an official, scheduled event of the Youth Legislature is held, including, without limitation, a course of instruction, a course of orientation, a meeting, a seminar or any other official, scheduled activity.
Sec. 2. NRS 219A.200 is hereby amended to read as follows:
219A.200 1. [The] Except as otherwise provided in this section, the Youth Legislature shall elect from among its members, to serve a term of 1 year beginning on June 1 of each year:
(a) A Chair, who shall conduct the meetings and, in cooperation with the Board, oversee the formation of committees as necessary to accomplish the business of the Youth Legislature; and
(b) A Vice Chair, who shall assist the Chair and conduct the meetings of the Youth Legislature if the Chair is absent or otherwise unable to perform his or her duties.
2. A vacancy in the office of Chair or Vice Chair must be filled for the remainder of the unexpired term in the same manner as the original election.
3. A member who is elected to serve as Chair or Vice Chair pursuant to this section for any part of the first year of his or her term may not be elected to serve in either office for any part of the second year of his or her term.
4. The Director of the Legislative Counsel Bureau upon request of the Board:
(a) Shall provide meeting rooms and teleconference and videoconference facilities for the Youth Legislature.
(b) Shall, in the event of a vacancy on the Youth Legislature, notify the appropriate appointing authority of such vacancy.
(c) May accept gifts, grants and donations from any source for the support of the Youth Legislature in carrying out the provisions of this chapter. Any such gifts, grants and donations must be deposited in the Account.
Sec. 3. NRS 219A.210 is hereby amended to read as follows:
219A.210 1. The Youth Legislature shall:
(a) Hold at least two public [hearings] meetings in this State each school year [.] in accordance with the provisions of paragraph (a) of subsection 4.
κ2019 Statutes of Nevada, Page 1125 (CHAPTER 204, SB 108)κ
The Youth Legislature may simultaneously teleconference or videoconference each public [hearing] meeting to two or more prominent locations throughout this State.
(b) Evaluate, review and comment upon issues of importance to the youth in this State, including, without limitation:
(1) Education;
(2) Employment opportunities;
(3) Participation of youth in state and local government;
(4) A safe learning environment;
(5) The prevention of substance abuse;
(6) Emotional and physical well-being;
(7) Foster care; [and]
(8) Access to state and local services [.] ; and
(9) Any environmental, legal, political or social issues.
(c) Conduct a public awareness campaign to raise awareness about the Youth Legislature and to enhance outreach to the youth in this State.
2. During his or her term, each member of the Youth Legislature shall [:
(a) Conduct at least one meeting to afford the youth of this State an opportunity to discuss issues of importance to the youth in this State.
(b) Complete such other activities as may be] complete, in the manner required by the Board, any activities that are assigned to him or her by the Board as a member of the Youth Legislature.
3. The Youth Legislature may, within the limits of available money and if approved by the Board:
(a) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Youth Legislature and to advise the Legislature on proposed legislation relating to the youth in this State.
(b) Form committees, which may meet as often as necessary to assist with the business of the Youth Legislature.
(c) Conduct periodic seminars for its members regarding leadership, government and the legislative process.
4. [Except as otherwise provided in this subsection,] The public meetings of the Youth Legislature and its committees [shall] :
(a) Must comply , to the extent practicable, with the [provisions of chapter 241 of NRS. Any activities of the Youth Legislature which are conducted] policies followed by the Legislature and its committees for holding public meetings.
(b) Do not include, without limitation, any meetings or other activities that are:
(1) Conducted solely for purposes of orientation, instruction or training [, including, without limitation, any orientation programs conducted] for the members of the Youth Legislature [,] ; or
(2) Related to the internal organization, affairs or management of the Youth Legislature.
5. The public meetings and any other meetings or activities of the Youth Legislature and its committees and members are not subject to the provisions of chapter 241 of NRS.
[5.] 6. On or before May 30 of each year, the Youth Legislature shall submit a written report to the Board and to the Governor describing the activities of the Youth Legislature during the immediately preceding school year and any recommendations for legislation.
κ2019 Statutes of Nevada, Page 1126 (CHAPTER 204, SB 108)κ
year and any recommendations for legislation. The Board shall transmit the written report to the Legislative Committee on Education and to the next regular session of the Legislature.
Sec. 4. NRS 219A.300 is hereby amended to read as follows:
219A.300 1. The Youth Legislature must be administered by a corporation for public benefit, as that term is defined in NRS 82.021, which must include providing educational programs and opportunities as its primary organizational goal.
2. The corporation for public benefit must be governed by a Board of Directors consisting of seven members appointed by the Legislative Commission [.] consisting of at least:
(a) One member of the Senate;
(b) One member of the Assembly;
(c) One representative of the general public; and
(d) If practicable, one person who previously served as a member of the Youth Legislature.
3. A member of the Board serves a term of 2 years and until his or her successor is appointed. A member of the Board may be reappointed.
4. The members of the Board shall elect a Chair and a Vice Chair from among their number. The term of office of the Chair and the Vice Chair is 1 year.
5. The Board:
(a) Shall administer the provisions of this chapter.
(b) May provide to the Youth Legislature such administrative, financial and other support and guidance as the Board may determine to be necessary or appropriate.
(c) May employ one or more persons to provide administrative support for the Youth Legislature or pay the costs incurred by one or more volunteers to provide any required administrative support.
(d) Shall oversee the activities of the Youth Legislature.
(e) May solicit and accept gifts, grants and donations from any source to provide educational programs and opportunities and for the support of the Youth Legislature in carrying out the provisions of this chapter. Any such gifts, grants and donations must be deposited in the Account.
(f) May perform such other functions in whatever manner the Board determines will best serve the interests of this State and the Youth Legislature.
Sec. 5. (Deleted by amendment.)
Sec. 6. Notwithstanding the amendatory provisions of section 4 of this act, any person who, on the effective date of this act, is a member of the Board of Directors for the corporation for public benefit that administers the Nevada Youth Legislature may continue to serve in that capacity until a successor is appointed pursuant to NRS 219A.300, as amended by section 4 of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 1127κ
Senate Bill No. 126Senator Denis
CHAPTER 205
[Approved: May 29, 2019]
AN ACT relating to education; repealing provisions governing the reappointment of a postprobationary administrator; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) requires a postprobationary administrator to apply for reappointment to his or her administrative position every 5 years, with certain exceptions; and (2) entitles an administrator who is not reappointed and was previously employed by the school district to be assigned to his or her former position. (NRS 391.830) Section 10 of this bill repeals those provisions. Sections 1-9 of this bill make conforming changes.
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 388A.533 is hereby amended to read as follows:
388A.533 1. All employees of a charter school shall be deemed public employees.
2. Except as otherwise provided in NRS 388A.5342, the governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.650 to [391.830,] 391.826, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.
3. Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.
Sec. 2. NRS 388B.410 is hereby amended to read as follows:
388B.410 1. All employees of an achievement charter school shall be deemed public employees and are not employees of the Department.
2. Except as otherwise provided in a collective bargaining agreement entered into by the governing body of an achievement charter school pursuant to chapter 288 of NRS, the principal of an achievement charter school may make:
(a) All decisions concerning the terms and conditions of employment with the achievement charter school and any other matter relating to employment with the achievement charter school; and
κ2019 Statutes of Nevada, Page 1128 (CHAPTER 205, SB 126)κ
(b) All employment decisions with regard to the employees of the achievement charter school pursuant to NRS 391.650 to [391.830,] 391.826, inclusive.
3. Upon the request of the governing body of an achievement charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the achievement charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.
Sec. 3. NRS 391.650 is hereby amended to read as follows:
391.650 As used in NRS 391.650 to [391.830,] 391.826, inclusive, unless the context otherwise requires:
1. Administrator means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
2. Board means the board of trustees of the school district in which a licensed employee affected by NRS 391.650 to [391.830,] 391.826, inclusive, is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means:
(a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or
(b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, sexual conduct has the meaning ascribed to it in NRS 201.520.
5. Postprobationary employee means an administrator or a teacher who has completed the probationary period as provided in NRS 391.820 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to NRS 391.730.
6. Probationary employee means:
(a) An administrator or a teacher who is employed for the period set forth in NRS 391.820; and
(b) A person who is deemed to be a probationary employee pursuant to NRS 391.730.
7. Superintendent means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 4. NRS 391.655 is hereby amended to read as follows:
391.655 1. The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to [391.830,] 391.826, inclusive, do not apply to:
κ2019 Statutes of Nevada, Page 1129 (CHAPTER 205, SB 126)κ
(a) Substitute teachers; or
(b) Adult education teachers.
2. The admonition, demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to 391.800, inclusive, do not apply to:
(a) A probationary teacher. The policy for evaluations prescribed in NRS 391.685 and 391.725 applies to a probationary teacher.
(b) A principal described in subsection 1 of NRS 391.825 with respect to his or her employment as a principal.
(c) A principal who is employed at-will pursuant to subsection 2 of NRS 391.825.
(d) [An administrator described in subsection 2 of NRS 391.830.
(e)] A new employee who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal.
Κ Insofar as it is consistent with the provisions of NRS 391.825 , [and 391.830,] the policy for evaluations prescribed in NRS 391.700 and 391.725 applies to any administrator described in this subsection.
3. The admonition, demotion and suspension provisions of NRS 391.650 to 391.800, inclusive, do not apply to a postprobationary teacher who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal, with respect to his or her employment in the administrative position. The policy for evaluations prescribed in NRS 391.700 and 391.725 applies to such a probationary administrator.
4. The provisions of NRS 391.650 to 391.800, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.
5. A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employees leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.650 to [391.830,] 391.826, inclusive, for demotion, suspension or dismissal apply to them.
Sec. 5. NRS 391.660 is hereby amended to read as follows:
391.660 Excluding the provisions of NRS 391.730 [,] and 391.825 , [and 391.830,] the provisions of NRS 391.650 to [391.830,] 391.826, inclusive, do not apply to a teacher or other licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the boards right to dismiss or refuse to reemploy the employee.
κ2019 Statutes of Nevada, Page 1130 (CHAPTER 205, SB 126)κ
Sec. 6. NRS 391.700 is hereby amended to read as follows:
391.700 Except as otherwise provided in NRS 391.825 : [and 391.830:]
1. Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must provide for the evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal. The policy must also provide for the evaluation of those administrators at the district level who provide direct supervision of the principal of a school. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.
2. The person charged with the evaluation of an administrator pursuant to NRS 391.705 or 391.710 shall hold a conference with the administrator before and after each scheduled observation of the administrator during the school year.
Sec. 7. NRS 391.730 is hereby amended to read as follows:
391.730 Except as otherwise provided in NRS 391.825, a postprobationary employee who receives an evaluation designating his or her overall performance as:
1. Developing;
2. Ineffective; or
3. Developing during 1 year of the 2-year consecutive period and ineffective during the other year of the period,
Κ for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to [391.830,] 391.826, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820.
Sec. 8. NRS 391.755 is hereby amended to read as follows:
391.755 1. Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:
(a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employees demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employees potential demotion, dismissal or a potential recommendation not to reemploy him or her; and
(b) Except as otherwise provided in NRS 391.760, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.
Κ The admonition must include a description of the deficiencies of the employee and the action that is necessary to correct those deficiencies.
κ2019 Statutes of Nevada, Page 1131 (CHAPTER 205, SB 126)κ
2. An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.
3. An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if the administrator has been informed by the superintendent that the superintendent intends to recommend the dismissal of the employee to the board in the manner set forth in NRS 391.822, 391.824 and 391.826.
4. A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.650 to [391.830,] 391.826, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p), (s), (t) and (u) of subsection 1 of NRS 391.750.
Sec. 9. NRS 391.775 is hereby amended to read as follows:
391.775 Except as otherwise provided in NRS 391.825 : [and 391.830:]
1. At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendents intention to make the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of the employee will occur before the completion of the current school year or if the employee is deemed to be a probationary employee pursuant to NRS 391.730 and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.
(c) Refer to chapter 391 of NRS.
3. If a postprobationary employee or an employee who is deemed to be a probationary employee pursuant to NRS 391.730 receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.770, 391.785 and 391.795 do not apply.
Sec. 10. NRS 391.830 is hereby repealed.
Sec. 11. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1132κ
Senate Bill No. 131Senator Woodhouse
Joint Sponsor: Assemblyman Yeager
CHAPTER 206
[Approved: May 29, 2019]
AN ACT relating to trade practices; establishing additional requirements related to the resale of tickets to an athletic contest or live entertainment event; revising provisions governing civil actions for a violation of certain requirements related to the resale of tickets to an athletic contest or live entertainment event; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a number of deceptive trade practices, including, without limitation, knowing violations of requirements related to the resale of tickets to athletic contests and live entertainment events. (NRS 598.09223, 598.397-598.3984) Under existing law, the Attorney General, the Commissioner of Consumer Affairs and the Director of the Department of Business and Industry are authorized to investigate deceptive trade practices and take certain actions to penalize persons who commit a deceptive trade practice, which may include, without limitation, criminal prosecution and the imposition of civil penalties. (NRS 598.0903-598.0999) This bill imposes additional requirements related to the sale of tickets to athletic contests and live entertainment events and makes a knowing violation of those requirements a deceptive trade practice.
Section 3 of this bill prohibits a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange from reselling a ticket without disclosing the total amount to be charged for the ticket, including a disclosure of the fees to be charged.
Section 6 of this bill requires a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange to display within the top 20 percent of each page of his or her website a notice that the website belongs to a reseller, a secondary ticket exchange or an affiliate of a reseller or secondary ticket exchange. Section 6 also prohibits a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange from advertising or representing on its Internet website that the reseller, secondary ticket exchange or affiliate of the reseller or secondary ticket exchange is a person who has the right to make the initial sale of a ticket to a consumer or who has the initial ownership rights to a ticket before its public sale, without contractual authorization to do so from the person or entity who has the initial ownership rights to the ticket before its public sale.
Section 7 of this bill prohibits a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange from reselling a ticket without first disclosing to the purchaser the location in the entertainment facility of the seat or the general admission area to which the ticket corresponds. Section 7 also prohibits a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange from reselling a ticket or advertising a ticket for resale unless the reseller has the ticket in his or her possession or constructive possession, or has a written contract to obtain the ticket from a person who has the initial ownership rights to sell a ticket prior to its public sale. Section 7 also prohibits a primary ticket provider, a reseller, a secondary ticket exchange or any affiliate of a primary ticket provider, a reseller or a secondary ticket exchange from reselling a ticket before the ticket has been made available to the public by the person who has the initial ownership rights to the ticket before its public sale without first obtaining authorization to do so from the person or entity who has initial ownership rights to the ticket before its public sale.
κ2019 Statutes of Nevada, Page 1133 (CHAPTER 206, SB 131)κ
Existing law prohibits a person from using an Internet robot to circumvent any portion of the process for purchasing a ticket on an Internet website or to disguise the identity of a ticket purchaser so as to purchase a number of tickets exceeding the maximum number of tickets allowed for purchase by a person. (NRS 598.398) Section 8 of this bill prohibits a person from reselling or offering for resale a ticket that was obtained in violation of these provisions on the misuse of Internet robots if the person participated in or had the ability to control the conduct which constituted the violation or knew that the ticket was acquired in violation of the prohibition on the misuse of Internet robots.
Existing law authorizes a person injured by any violation of the requirements related to ticket resales to bring a civil action to seek: (1) declaratory and injunctive relief; and (2) actual damages or $100, whichever is greater. (NRS 598.3982) Section 10 of this bill: (1) specifies that such an action may be brought in district court; (2) increases the amount of damages that a person can seek for a first violation of the requirements related to ticket resales; and (3) provides for increasing damages and penalties for each subsequent violation. Section 10 also specifies the county in which such an action may be brought.
Existing law requires the Bureau of Consumer Protection in the Office of the Attorney General to establish a statewide hotline and Internet website by which a person can file a complaint related to a deceptive trade practice involving ticket resellers and secondary ticket exchanges. (NRS 598.3981) Section 9 of this bill requires the statewide hotline and Internet website to provide information and directions regarding the preferred method for filing such a complaint. Section 9 also requires that any form made available by the Bureau of Consumer Protection for receiving such complaints be designed specifically for receiving such complaints.
Sections 1.5, 2, 4, 5, 11 and 12 of this bill define terms and make conforming changes.
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 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 2 and 3 of this act.
Sec. 1.5. Primary ticket provider means any person or entity who is authorized by a written contract with a rights holder to make the initial sale to a consumer of a ticket to an athletic contest or live entertainment event.
Sec. 2. Rights holder:
1. Means any person or entity who has the initial ownership rights to sell a ticket to an athletic contest or live entertainment event for which tickets for entry by the public are required.
2. Does not include a primary ticket provider, unless the primary ticket provider is also the rights holder.
Sec. 3. A reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange shall not resell a ticket, in person or remotely, without first disclosing to the purchaser the total amount that the purchaser will be charged for the ticket, including any fees which represent a portion of the total amount to be charged.
Sec. 4. NRS 598.09223 is hereby amended to read as follows:
598.09223 A person engages in a deceptive trade practice when, in the course of his or her business or occupation, he or she knowingly violates a provision of NRS 598.397 to 598.3984, inclusive [.] , and sections 1.5, 2 and 3 of this act.
κ2019 Statutes of Nevada, Page 1134 (CHAPTER 206, SB 131)κ
Sec. 5. NRS 598.397 is hereby amended to read as follows:
598.397 As used in NRS 598.397 to 598.3984, inclusive, and sections 1.5, 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.3971 to 598.3977, inclusive, and sections 1.5 and 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 598.3978 is hereby amended to read as follows:
598.3978 1. The Internet website of a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange must not display a trademarked or copyrighted URL, title, designation, image or mark or other symbol without the written consent of the trademark or copyright holder.
2. The Internet website of a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange must not use any combination of text, images, web designs or Internet addresses, or any combination thereof, which is substantially similar to the Internet website of an entertainment facility, athletic contest or live entertainment event without permission.
3. The Internet website of a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange must prominently display a notice identifying the Internet website as belonging to a reseller, a secondary ticket exchange or an affiliate of a reseller or secondary ticket exchange and must not, without contractual authorization from the rights holder, advertise or represent that the reseller, secondary ticket exchange or affiliate of the reseller or secondary ticket exchange is a rights holder or primary ticket provider. The notice required by this subsection must be displayed within the top 20 percent of each page of the Internet website in a font size that is not smaller than the font size used for the majority of text on that page.
4. This section does not prohibit the use of text containing the name of the venue, artist, athletic contest or live entertainment event if such use is necessary to describe the athletic contest, the live entertainment event or the location of the athletic contest or live entertainment event.
[4.] 5. As used in this section:
(a) Substantially similar means that a reasonable person would believe that the Internet website is that of the entertainment facility, athletic contest or live entertainment event.
(b) URL means the Uniform Resource Locator associated with an Internet website.
Sec. 7. NRS 598.3979 is hereby amended to read as follows:
598.3979 [A]
1. In addition to any other restrictions imposed by the rights holder, a reseller , a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange shall not:
[1.] (a) Resell more than one copy of the same ticket to an athletic contest or live entertainment event.
[2.] (b) Employ another person directly or indirectly to wait in line to purchase tickets for the purpose of reselling the tickets if the practice is prohibited by the sponsor, organizer or promoter of the athletic contest or live entertainment event or if the venue at which the athletic contest or live entertainment event will occur has posted a policy prohibiting the practice.
κ2019 Statutes of Nevada, Page 1135 (CHAPTER 206, SB 131)κ
(c) Resell a ticket without first informing the purchaser of the location in the entertainment facility of the seat or, if there is no assigned seat, the general admission area to which the ticket corresponds, including, without limitation, the row and section number of the ticket, as applicable.
(d) Resell a ticket or advertise a ticket for resale, unless:
(1) The ticket is in the possession or constructive possession of the reseller; or
(2) The reseller has a written contract with the rights holder to obtain the ticket.
2. A primary ticket provider, a reseller, a secondary ticket exchange or any affiliate of a primary ticket provider, reseller or secondary ticket exchange shall not resell a ticket before the ticket has been made available to the public, including, without limitation, through a presale, fan club presale or any other promotional presale event, by the rights holder without first obtaining permission from the rights holder to do so.
Sec. 8. NRS 598.398 is hereby amended to read as follows:
598.398 1. A person shall not use an Internet robot to:
[1.] (a) Circumvent any portion of the process for purchasing a ticket on an Internet website, including, without limitation, any security or identity validation measures or an access control system; or
[2.] (b) Disguise the identity of a ticket purchaser for the purpose of purchasing a number of tickets for admission to an athletic contest or live entertainment event which exceeds the maximum number of tickets allowed for purchase by a person.
2. A person shall not resell or offer for resale a ticket obtained in violation of subsection 1 if the person:
(a) Participated in or had the ability to control the conduct committed in violation of subsection 1; or
(b) Knew that the ticket was acquired in violation of subsection 1.
Sec. 9. NRS 598.3981 is hereby amended to read as follows:
598.3981 1. The Bureau of Consumer Protection in the Office of the Attorney General shall establish a toll-free statewide hotline and an Internet website by which a person may file a complaint relating to a suspected violation of NRS 598.397 to 598.3984, inclusive [.] , and sections 1.5, 2 and 3 of this act, and obtain information and directions regarding the preferred method for filing such a complaint.
2. Any form made available by the Bureau of Consumer Protection for receiving complaints relating to a suspected violation of NRS 598.397 to 598.3984, inclusive, and sections 1.5, 2 and 3 of this act must be designed specifically for receiving such complaints.
Sec. 10. NRS 598.3982 is hereby amended to read as follows:
598.3982 1. A person injured by a violation of any provision of NRS 598.397 to 598.3984, inclusive, and sections 1.5, 2 and 3 of this act may bring a civil action [in a court of competent jurisdiction] against a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange who committed the violation [to seek:] in a district court in any county:
(a) In which the cause therefor accrued;
(b) In which the defendant resides or may be found;
(c) In which the plaintiff resides; or
κ2019 Statutes of Nevada, Page 1136 (CHAPTER 206, SB 131)κ
(d) In which an athletic contest or live entertainment event to which the ticket pertains occurred or will occur, if the violation relates to the sale, purchase or advertisement of a ticket.
2. If the person bringing the action is the prevailing party, the court shall award that person:
(a) Declaratory and injunctive relief.
(b) [Actual] For the first violation, $1,000 or actual damages , [or $100,] whichever is greater.
(c) For the second violation, $2,500, treble the amount of actual damages and reasonable attorneys fees and costs, if any.
(d) For the third and all subsequent violations, $5,000, treble the amount of actual damages, reasonable attorneys fees and costs, if any, and punitive damages, which are subject to the provisions of NRS 42.005.
[2.] 3. An action may not be brought pursuant to this section against a natural person employed by a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange.
Sec. 11. NRS 598.3983 is hereby amended to read as follows:
598.3983 Unless a greater penalty is provided in NRS 598.0999 or 598.3984, a person who knowingly violates the provisions of NRS 598.397 to 598.3984, inclusive, and sections 1.5, 2 and 3 of this act is guilty of a misdemeanor.
Sec. 12. NRS 598.3984 is hereby amended to read as follows:
598.3984 1. A person who willfully and knowingly violates the provisions of NRS 598.397 to 598.3984, inclusive, and sections 1.5, 2 and 3 of this act relating to the sale of a ticket to an entertainment facility which is operated by a governmental entity or a public-private partnership is guilty of a gross misdemeanor.
2. As used in this section:
(a) Governmental entity means:
(1) The government of this State;
(2) An agency of the government of this State;
(3) A political subdivision of this State; and
(4) An agency of a political subdivision of this State.
(b) Public-private partnership means a contract entered into by a person and a governmental entity for the support of an entertainment facility.
Sec. 13. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1137κ
Senate Bill No. 136Committee on Government Affairs
CHAPTER 207
[Approved: May 29, 2019]
AN ACT relating to the Tahoe Regional Planning Compact; revising the composition of the board of directors of the Tahoe transportation district; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the Tahoe Regional Planning Compact, an interstate agreement between the States of California and Nevada pursuant to which the bistate Tahoe Regional Planning Agency regulates environmental and land-use matters within the Lake Tahoe Basin. (NRS 277.190-277.220) The Tahoe Regional Planning Compact provides for the creation of the Tahoe transportation district as a special purpose district managed by a board of directors which develops and implements transportation plans and programs for the Lake Tahoe Basin. (NRS 277.200)
Section 1 of this bill: (1) changes the composition of the board of directors of the Tahoe transportation district by eliminating members of each local transportation district in the region and adding appointees chosen by the Governor of California, the Governor of Nevada and the governing body of the Tahoe Regional Planning Agency; and (2) requires members of the board of directors of the Tahoe transportation district to elect a chairman and vice chairman. Section 3 of this bill provides that these changes become effective if the State of California enacts amendments to the Tahoe Regional Planning Compact that are substantially identical.
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 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
κ2019 Statutes of Nevada, Page 1138 (CHAPTER 207, SB 136)κ
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the regions natural endowment and its man-made environment.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan means the long-term general plan for the development of the region.
κ2019 Statutes of Nevada, Page 1139 (CHAPTER 207, SB 136)κ
(e) Planning commission means the advisory planning commission appointed pursuant to subdivision (h) of Article III.
(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) Project means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.
(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(k) Areas open to public use means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.
(l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.
(m) Nonrestricted license means a gaming license which is not a restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.
κ2019 Statutes of Nevada, Page 1140 (CHAPTER 207, SB 136)κ
members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.
(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:
(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;
(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.
κ2019 Statutes of Nevada, Page 1141 (CHAPTER 207, SB 136)κ
Κ No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.
κ2019 Statutes of Nevada, Page 1142 (CHAPTER 207, SB 136)κ
(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.
(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.
Κ Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.
The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.
The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
κ2019 Statutes of Nevada, Page 1143 (CHAPTER 207, SB 136)κ
A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission.
κ2019 Statutes of Nevada, Page 1144 (CHAPTER 207, SB 136)κ
adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
Κ the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall be a single enforceable plan and includes all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:
(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.
Κ Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation.
κ2019 Statutes of Nevada, Page 1145 (CHAPTER 207, SB 136)κ
and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and California;
(B) Utilization of a light rail mass transit system in the South Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Κ Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.
The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency.
κ2019 Statutes of Nevada, Page 1146 (CHAPTER 207, SB 136)κ
Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.
κ2019 Statutes of Nevada, Page 1147 (CHAPTER 207, SB 136)κ
The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.
Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county.
κ2019 Statutes of Nevada, Page 1148 (CHAPTER 207, SB 136)κ
building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a residential unit means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined) 252
2. Placer County............................................................................ 278
3. Carson City................................................................................ -0-
4. Douglas County........................................................................ 339
5. Washoe County........................................................................ 739
(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.
The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined) 64,324
2. Placer County............................................................................ 23,000
3. Carson City................................................................................ -0-
4. Douglas County........................................................................ 57,354
5. Washoe County........................................................................ 50,600
(5) No structure may be erected to house gaming under a nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or enlarged except:
(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;
(B) To accommodate development which is not prohibited or limited by this subdivision; or
(C) In the case of Douglas County Lake Tahoe Sewer Authority, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a project; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the Authority shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the Authority proposes to take to mitigate or avoid such problems.
κ2019 Statutes of Nevada, Page 1149 (CHAPTER 207, SB 136)κ
The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agencys approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.
Κ The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.
κ2019 Statutes of Nevada, Page 1150 (CHAPTER 207, SB 136)κ
(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):
(1) The agencys review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area open to public use;
(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the agencys ordinances that are generally applicable throughout the region.
Κ The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agencys rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.
(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.
(g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
κ2019 Statutes of Nevada, Page 1151 (CHAPTER 207, SB 136)κ
(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the agency.
(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any person or public agency.
Κ Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.
(B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.
(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, aggrieved person means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, aggrieved person means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.
κ2019 Statutes of Nevada, Page 1152 (CHAPTER 207, SB 136)κ
(4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.
(6) In addition to the provisions of paragraph (5) relating to judicial inquiry:
(A) When adopting or amending a regional plan, the agency shall act in accordance with the requirements of the compact and the implementing ordinances, rules and regulations, and a party challenging the regional plan has the burden of showing that the regional plan is not in conformance with those requirements.
(B) When taking an action or making a decision, the agency shall act in accordance with the requirements of the compact and the regional plan, including the implementing ordinances, rules and regulations, and a party challenging the action or decision has the burden of showing that the act or decision is not in conformance with those requirements.
(7) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.
(8) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
κ2019 Statutes of Nevada, Page 1153 (CHAPTER 207, SB 136)κ
(l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on mans environment;
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting standards of the region;
κ2019 Statutes of Nevada, Page 1154 (CHAPTER 207, SB 136)κ
(E) The relationship between local short-term uses of mans environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
(5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.
In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.
Κ A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
κ2019 Statutes of Nevada, Page 1155 (CHAPTER 207, SB 136)κ
recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.
(b) The business of the district shall be managed by a board of directors consisting of:
κ2019 Statutes of Nevada, Page 1156 (CHAPTER 207, SB 136)κ
(1) One member of the county board of supervisors of each of the counties of El Dorado and Placer who must be appointed by his respective board of supervisors;
(2) One member of the city council of the City of South Lake Tahoe who must be appointed by the city council;
(3) One member each of the board of county commissioners of Douglas County and of Washoe County who must be appointed by his respective board of county commissioners;
(4) One member of the board of supervisors of Carson City who must be appointed by the board of supervisors;
(5) One member of the South Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;
(6) One member of the North Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;
(7) One member [of each local transportation district in the region that is authorized by the State of Nevada or the State of California who must be appointed by his respective transportation district;] appointed by the governing body of the agency;
(8) One member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region;
(9) The director of the California Department of Transportation; [and]
(10) The director of the department of transportation of the State of Nevada [.] ;
(11) One member appointed by the Governor of California; and
(12) One member appointed by the Governor of Nevada.
Κ Any entity that appoints a member to the board of directors, the director of the California Department of Transportation or the director of the department of transportation of the State of Nevada may designate an alternate.
(c) [Before a local transportation district appoints a member to the board of directors pursuant to paragraph (7) of subdivision (b), the local transportation district must enter into a written agreement with the Tahoe transportation district that sets forth the responsibilities of the districts for the establishment of policies and the management of financial matters, including, but not limited to, the distribution of revenue among the districts.
(d)] The directors of the California Department of Transportation and the department of transportation of the State of Nevada, or their designated alternates, serve as nonvoting directors, but shall provide technical and professional advice to the district as necessary and appropriate.
(d) The board of directors shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years. If a vacancy occurs in either office, the board may fill such vacancy for the unexpired term. A member who is elected to serve as chairman or vice chairman pursuant to this subdivision may be elected to serve a subsequent term as chairman or vice chairman, as applicable.
(e) The vote of a majority of the directors must agree to take action. If a majority of votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.
(f) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities.
κ2019 Statutes of Nevada, Page 1157 (CHAPTER 207, SB 136)κ
the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.
(g) The Tahoe transportation district may in accordance with the adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.
(2) Own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment.
(3) Acquire or agree to operate upon mutually agreeable terms any publicly or privately owned transportation system or facility within the region.
(4) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.
(5) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.
(6) Contract with local governments in the region to operate transportation facilities or provide any of the services necessary to operate a system of transportation for the region.
(7) Fix the rates and charges for transportation services provided pursuant to this subdivision.
(8) Issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system.
(9) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way, except for a sales and use tax. If a sales and use tax is approved by the voters as provided in this paragraph, it may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions and must not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district. The district is prohibited from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of the voters voting on the proposition who reside in the State of California in accordance with the laws that apply within that state and approval of the voters voting on the proposition who reside in the State of Nevada in accordance with the laws that apply within that state. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.
(10) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.
κ2019 Statutes of Nevada, Page 1158 (CHAPTER 207, SB 136)κ
(h) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.
Sec. 2. The Secretary of State shall transmit a certified copy of this act to the Governor of the State of California, and two certified copies of this act to the Secretary of State of the State of California for delivery to the respective houses of its Legislature. The Director of the Legislative Counsel Bureau shall transmit copies of this act to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.
Sec. 3. 1. This section and section 2 of this act become effective on July 1, 2019.
2. Section 1 of this act becomes effective upon proclamation by the Governor of this State of the enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act.
________
κ2019 Statutes of Nevada, Page 1159κ
Senate Bill No. 147Committee on Education
CHAPTER 208
[Approved: May 29, 2019]
AN ACT relating to education; requiring certain actions to be taken to assist homeless pupils, unaccompanied pupils and pupils in foster care to receive full or partial credit for coursework in certain circumstances; revising provisions relating to the development of an academic plan for such pupils; revising provisions relating to awarding a high school diploma to such pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally requires the board of trustees of each school district to prescribe a minimum number of days that a pupil must be in attendance for the pupil to obtain credit or be promoted to the next grade. (NRS 392.122) Existing law also requires the State Board of Education to adopt regulations that prescribe the criteria for a pupil to receive a high school diploma. (NRS 390.600, 390.605) Existing regulations: (1) establish the number of units of credit in various subjects required for a pupil to receive a high school diploma; and (2) require the successful completion of 120 hours of instruction or the equivalent to receive a unit of credit. (NAC 389.040, 390.430, 390.440) Existing federal law requires each state to have procedures which: (1) ensure that homeless children and youths and unaccompanied youths are accorded equal access to appropriate secondary education and support services; and (2) remove barriers that prevent such youths from receiving credit for coursework previously completed. (42 U.S.C. § 11432(g)(1)(F))
Section 1 of this bill requires each public school to identify whether a pupil is a homeless pupil, unaccompanied pupil or pupil who lives in foster care. If such a pupil is identified, section 1 requires the public school to review and adjust the pupils academic plan as appropriate to maximize accrual of credits and progress towards graduation. Section 2 of this bill establishes similar requirements for the sponsor of each charter school that enrolls pupils at the high school grade level.
Section 4 of this bill authorizes a public school to award a homeless pupil, unaccompanied pupil or pupil who lives in foster care full or partial credit for a course of study regardless of the attendance of the pupil or the hours of classroom instruction received by the pupil. Section 5 of this bill requires a school district or sponsor of a charter school, as applicable, to award the appropriate high school diploma to a homeless pupil, unaccompanied pupil or pupil who lives in foster care who transfers into a public school during the pupils 11th or 12th grade year and satisfies the requirements prescribed by the State Board for a high school diploma, regardless of whether the pupil also completes any additional requirements prescribed by the school district or sponsor. If a homeless pupil, unaccompanied pupil or pupil who lives in foster care transfers into a public school during the pupils 11th or 12th grade year and will not be able to receive a high school diploma within 5 years of his or her initial enrollment in 9th grade, section 5 requires the school district or sponsor of a charter school, the pupil and the pupils parent or legal guardian, if applicable, to agree on a modified course of instruction which leads to the pupil receiving a high school diploma as quickly as possible. Section 6 of this bill makes a conforming change.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Pupils who experience homelessness or live in foster care confront monumental challenges to academic achievement; and
κ2019 Statutes of Nevada, Page 1160 (CHAPTER 208, SB 147)κ
Whereas, Requiring pupils to spend a certain amount of time in the classroom before receiving credit for a course disproportionately harms pupils who experience homelessness or live in foster care without considering whether such pupils have actually learned the material; and
Whereas, The federal McKinney-Vento Act, as amended by the Every Student Succeeds Act, requires states to establish procedures to identify and remove barriers that prevent pupils experiencing homelessness or living in foster care from receiving appropriate credit for the coursework they complete and to ensure such pupils have equal access to education; and
Whereas, It is in the best interests of this State and of pupils experiencing homelessness or living in foster care to eliminate any unnecessary barriers to academic achievement and allow such pupils to achieve their greatest possible academic success; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.205 is hereby amended to read as follows:
388.205 1. The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. Except as otherwise provided in subsection 4, the policy must require each public school to provide each pupil with an academic plan at the beginning of the pupils ninth grade year. The academic plan must set forth the specific educational goals established pursuant to subsection 7 each year and the steps that the pupil intends to take in order to achieve those goals. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.
2. The policy must ensure that each pupil enrolled in ninth grade and the pupils parent or legal guardian are provided with, to the extent practicable, information regarding:
(a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;
(b) The requirements for graduation from high school with a diploma and the types of diplomas available;
(c) The requirements for admission to the Nevada System of Higher Education, including, without limitation, the average score on the college and career readiness assessment administered pursuant to NRS 390.610 of students admitted to each community college, state college or university in the Nevada System of Higher Education, and the eligibility requirements for a Governor Guinn Millennium Scholarship;
(d) The Free Application for Federal Student Aid and advice concerning how to finance enrollment in an institution that provides postsecondary and vocational education; and
(e) The charter schools within the school district.
3. The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupils parent or legal guardian to:
κ2019 Statutes of Nevada, Page 1161 (CHAPTER 208, SB 147)κ
(a) Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;
(b) Sign the academic plan; and
(c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.
4. If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil as soon as reasonably practicable with appropriate modifications for the grade level of the pupil.
5. If an academic plan for a pupil includes enrollment in a dual credit course, the plan must address how the dual credit course will enable the pupil to achieve his or her postgraduation goals.
6. An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupils educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.
7. Except as otherwise provided in subsection 4, a school counselor shall establish specific educational goals for each pupil in consultation with the pupil and the parent or legal guardian of the pupil, to the extent practicable, at the beginning of each pupils ninth grade year and as a part of the review conducted pursuant to paragraph (c) of subsection 3.
8. The policy adopted pursuant to subsection 1 must require each public school in the school district to:
(a) Develop a procedure to identify a homeless pupil, unaccompanied pupil or pupil who lives in foster care; and
(b) Review the academic plan for each such pupil and adjust the plan as appropriate to maximize the accrual of credits by the pupil and the progress of the pupil towards graduation.
9. As used in this section:
(a) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(b) Homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
(c) Unaccompanied pupil has the meaning ascribed to the term unaccompanied youth in 42 U.S.C. § 11434a(6).
Sec. 2. Chapter 388A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The sponsor of each charter school that enrolls pupils at the high school grade level shall develop:
(a) A procedure for the charter school to identify a homeless pupil, unaccompanied pupil or pupil who lives in foster care; and
(b) A plan for each such pupil that maximizes the accrual of credits by the pupil and the progress of the pupil towards graduation.
2. As used in this section:
(a) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(b) Homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
(c) Unaccompanied pupil has the meaning ascribed to the term unaccompanied youth in 42 U.S.C. § 11434a(6).
κ2019 Statutes of Nevada, Page 1162 (CHAPTER 208, SB 147)κ
Sec. 3. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. In addition to any other means by which a homeless pupil, unaccompanied pupil or pupil who lives in foster care may receive full or partial credit for a specific course of study, such a pupil may receive full or partial credit for a specific course of study from a public school without satisfying any attendance requirement for the course or requirement for hours of classroom instruction if the pupil completes the coursework in compliance with procedures adopted by the board of trustees of a school district or the sponsor of a charter school pursuant to subsection 2.
2. The board of trustees of each school district and the sponsor of each charter school that enrolls pupils at the high school grade level shall develop and carry out procedures to award and accept full or partial credit for coursework that is satisfactorily completed by a homeless pupil, unaccompanied pupil or pupil who lives in foster care regardless of the time, place or pace at which the pupil progresses or the number of hours of classroom instruction the pupil receives. The board of trustees or sponsor may consider as evidence in determining whether coursework has been satisfactorily completed and the amount of credit to award and accept for the coursework:
(a) Demonstration of competency by a pupil;
(b) Performance by a pupil on an examination;
(c) Successful completion of a program of independent study, or any part of such a program, by the pupil;
(d) Full or partial credit for coursework completed by a pupil at an accredited public or private school located within or outside of this State that is sought to be transferred;
(e) Full or partial credit for coursework completed by a pupil at a summer school conducted by an accredited public or private school or institution of higher learning located within or outside of this State that is sought to be transferred;
(f) Completion by a pupil of a correspondence or distance education course provided by a high school which is nationally accredited or by an entity which appears on the list published by the Department pursuant to NRS 388.834;
(g) Completion of an apprenticeship program by a pupil;
(h) Completion of a program by a pupil at a trade or vocational school which is accredited;
(i) Work experience of a pupil;
(j) Community service performed by a pupil; and
(k) Any other evidence or method which is determined to be appropriate by the board of trustees of a school district or sponsor of a charter school, as applicable, and approved by the Department.
3. A pupil who receives partial credit for coursework or a course of study pursuant to subsection 1 or 2 must be allowed to appropriately combine the partial credit, including, without limitation, for the purposes of the total number of credits required for graduation from high school or the minimum number of units of credit required in a core academic subject pursuant to NRS 389.018.
4. As used in this section:
κ2019 Statutes of Nevada, Page 1163 (CHAPTER 208, SB 147)κ
(a) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(b) Homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
(c) Unaccompanied pupil has the meaning ascribed to the term unaccompanied youth in 42 U.S.C. § 11434a(6).
Sec. 5. 1. A school district or sponsor of a charter school shall award the appropriate high school diploma to a homeless pupil, unaccompanied pupil or pupil who lives in foster care who:
(a) Transfers to a public school operated by the school district or sponsor while the pupil is enrolled in grade 11 or grade 12; and
(b) Satisfies the requirements prescribed by the State Board to receive the high school diploma pursuant to NRS 390.600 or 390.605, regardless of whether the pupil satisfies any requirement imposed by the school district or sponsor of a charter school which is in addition to the requirements established pursuant to NRS 390.600 or 390.605.
2. If a homeless pupil, unaccompanied pupil or pupil who lives in foster care who transfers to a public school while the pupil is enrolled in grade 11 or grade 12 is not able to receive a high school diploma within 5 years from the date on which the pupil enrolled in grade 9, the school district or sponsor of the charter school, the pupil and the pupils parent or legal guardian, if applicable, shall mutually agree on a modified course of study for the pupil that will assist the pupil to satisfy the requirements for a standard high school diploma, adjusted diploma, alternative diploma or an adult standard diploma as quickly as possible.
3. As used in this section:
(a) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(b) Homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
(c) Unaccompanied pupil has the meaning ascribed to the term unaccompanied youth in 42 U.S.C. § 11434a(6).
Sec. 6. NRS 392.122 is hereby amended to read as follows:
392.122 1. [The] Except as otherwise provided in section 4 of this act, the board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing a minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.
2. For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements. The teacher or principal of the school may approve the absence of a pupil for deployment activities of the parent or legal guardian of the pupil, as defined in NRS 388F.010. If the board of trustees of a school district has adopted a policy pursuant to subsection 5, the 10-day limitation on absences does not apply to absences that are excused pursuant to that policy.
κ2019 Statutes of Nevada, Page 1164 (CHAPTER 208, SB 147)κ
3. Except as otherwise provided in subsection 5, before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principals designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and the pupils parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and the pupils parent or legal guardian, the principal or the principals designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or the principals designee shall credit towards the required days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and
(b) The pupil has completed course-work requirements.
4. A pupil and the pupils parent or legal guardian may appeal a decision of a principal or the principals designee pursuant to subsection 3 to the board of trustees of the school district in which the pupil is enrolled.
5. The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1. If a board of trustees adopts a policy pursuant to this subsection:
(a) A pupil who receives an exemption pursuant to this subsection is not exempt from the minimum number of days of attendance prescribed pursuant to subsection 1.
(b) The days on which a pupil is physically or mentally unable to attend school must be credited towards the required days of attendance if the pupil has completed course-work requirements.
(c) The procedure for review of absences set forth in subsection 3 does not apply to days on which the pupil is absent because the pupil is physically or mentally unable to attend school.
6. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
Sec. 7. 1. Any regulation adopted by the State Board of Education which conflicts with any provision of this act is void and must not be given effect to the extent of the conflict.
2. The State Board of Education shall, on or before January 1, 2020, adopt any regulations which are required by or necessary to carry out the provisions of this act.
Sec. 8. This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on July 1, 2019, for all other purposes.
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κ2019 Statutes of Nevada, Page 1165κ
Senate Bill No. 208Senator Denis
Joint Sponsor: Assemblywoman Tolles
CHAPTER 209
[Approved: May 29, 2019]
AN ACT relating to cosmetology; revising provisions relating to the use of electrolysis; revising the education and service requirements for hair designers and estheticians; revising procedures for the issuance and activation of a license for a cosmetological establishment; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Cosmetology to determine the qualification of applicants for various licenses and certificates of registration in cosmetology. (NRS 644A.250) Section 1 of this bill removes the service of electrolysis from the definition of cosmetologist. Section 2 of this bill revises the definition of esthetics to include eyelash extensions and eyelash perming. Section 3 of this bill revises the requirements for admission to examination for a license as a hair designer by: (1) reducing the amount of training required in a school of cosmetology from 1,200 hours to 1,000 hours for certain applicants; and (2) reducing the amount of service required as a hair designers apprentice from 2,400 hours to 2,000 hours. Section 4 of this bill revises the requirements for admission to examination for a license as an esthetician by: (1) reducing the amount of training required in a school of cosmetology from 900 hours to 600 hours for certain applicants; and (2) reducing the amount of service required as an estheticians apprentice from 1,800 hours to 1,200 hours. Section 5 of this bill revises the procedure for issuing and activating a license for a cosmetological establishment.
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 644A.030 is hereby amended to read as follows:
644A.030 1. Cosmetologist means a person who engages in the practices of:
(a) Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(b) Cutting, trimming or shaping the hair.
(c) Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
(d) Removing superfluous hair from the surface of the body of any person by the use of [electrolysis where the growth is a blemish, or by the use of] depilatories, waxing, tweezers or sugaring, except for the permanent removal of hair with needles.
(e) Manicuring the nails of any person.
κ2019 Statutes of Nevada, Page 1166 (CHAPTER 209, SB 208)κ
(f) Beautifying, massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device, electrical or otherwise, for the care of the skin.
(g) Giving facials or skin care or applying cosmetics or eyelashes to any person.
2. As used in this section, depilatories does not include the practice of threading.
Sec. 2. NRS 644A.075 is hereby amended to read as follows:
644A.075 1. Esthetics means the practices of:
(a) Beautifying, massaging, cleansing or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device, electrical or otherwise, for the care of the skin;
(b) Applying cosmetics , eyelash extensions or eyelashes to any person, tinting eyelashes and eyebrows, eyelash perming and lightening hair on the body; and
(c) Removing superfluous hair from the body of any person by the use of depilatories, waxing, tweezers or sugaring,
Κ but does not include the branches of cosmetology of a cosmetologist, hair designer, shampoo technologist, hair braider, electrologist or nail technologist.
2. As used in this section, depilatories does not include the practice of threading.
Sec. 3. NRS 644A.315 is hereby amended to read as follows:
644A.315 The Board shall admit to examination for a license as a hair designer each person who has applied to the Board in proper form and paid the fee, and who:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
4. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.
5. Satisfies at least one of the following:
(a) Is a barber registered pursuant to chapter 643 of NRS.
(b) Has had training of at least [1,200] 1,000 hours, extending over a period of 7 consecutive months, in a school of cosmetology approved by the Board.
(c) Has had practice of the occupation of hair designing for at least 4 years outside this State.
(d) Has had at least [2,400] 2,000 hours of service as a hair designers apprentice in a licensed cosmetological establishment in which hair design is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a hair designers apprentice issued to the person pursuant to NRS 644A.325.
Sec. 4. NRS 644A.330 is hereby amended to read as follows:
644A.330 The Board shall admit to examination for a license as an esthetician any person who has made application to the Board in proper form, paid the fee and:
κ2019 Statutes of Nevada, Page 1167 (CHAPTER 209, SB 208)κ
1. Is at least 18 years of age;
2. Is of good moral character;
3. Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
4. Has successfully completed the 10th grade in school or its equivalent; and
5. Has had any one of the following:
(a) A minimum of [900] 600 hours of training, which includes theory, modeling and practice, in a licensed school of cosmetology.
(b) Practice as a full-time licensed esthetician for at least 1 year.
(c) At least [1,800] 1,200 hours of service as an estheticians apprentice in a licensed cosmetological establishment in which esthetics is practiced. The required hours must have been completed during the period of validity of the certificate of registration as an estheticians apprentice issued to the person pursuant to NRS 644A.340.
Sec. 5. NRS 644A.600 is hereby amended to read as follows:
644A.600 1. Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter. The applicant must certify that all the information contained in the application is truthful and accurate.
2. The applicant must submit the application accompanied by the applicable required fees for inspection and licensing. [After the applicant has submitted the application, the applicant must contact the Board and request a verbal review concerning the application to determine if the cosmetological establishment complies with the requirements of this chapter and the regulations adopted by the Board. If, based on the verbal review, the Board determines that the cosmetological establishment meets those requirements, the Board shall issue to the applicant the required license.] Upon receipt of the [license,] application, the [applicant must] Board shall contact the [Board] applicant to [request the activation of] arrange a date and time to conduct the on-site inspection and to issue and activate the license. A license issued pursuant to this subsection is not valid until it is activated. [The Board shall conduct an on-site inspection of the cosmetological establishment not later than 90 days after the date on which the license is activated.]
3. The fee for issuance of a license for a cosmetological establishment is:
(a) For 2 years, $200.
(b) For 4 years, $400.
4. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.
Sec. 6. This act becomes effective on July 1, 2019.
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κ2019 Statutes of Nevada, Page 1168κ
Senate Bill No. 212Senator Denis
CHAPTER 210
[Approved: May 29, 2019]
AN ACT relating to tow cars; revising provisions governing the notice required before towing a motor vehicle from a residential complex; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes certain conditions on the towing of a motor vehicle from a residential complex when the towing is requested by a person other than the owner of the motor vehicle. Those conditions require that the owner of the real property, or an authorized agent of the owner: (1) may only have a vehicle towed for a parking violation, for an issue related to the health, safety or welfare of the residents of the complex or because the vehicle is unregistered or the registration on the vehicle is expired; and (2) may not have a vehicle towed until 48 hours after affixing a notice to the vehicle which explains when the vehicle is to be towed, unless the tow is requested for an issue related to the health, safety or welfare of the residents of the complex. (NRS 706.4477) Existing law makes a violation of any of these provisions a misdemeanor. (NRS 706.756)
Section 1 of this bill allows the tow operator to affix the notice as the authorized agent of the owner of the property if they have entered into an agreement for that purpose. In addition, section 1 provides some exceptions to the requirement to provide notice and allows a vehicle to be towed immediately when a notice was previously affixed to the vehicle: (1) for the same or a similar reason within the residential complex; or (2) three or more times for any reason during the immediately preceding 6 months, regardless of whether the vehicle was subsequently towed.
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 706.4477 is hereby amended to read as follows:
706.4477 1. If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer:
(a) The person requesting the towing must be the owner of the real property from which the vehicle is towed or an authorized agent of the owner of the real property and must sign a specific request for the towing. [For] Except as otherwise provided in subsection 2, for the purposes of this section, the operator is not an authorized agent of the owner of the real property.
(b) The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.
(c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.
(d) The operator may be directed to terminate the towing by a law enforcement officer.
2. If, pursuant to subsection 1, the owner of the real property or authorized agent of the owner of the real property requests that a vehicle be towed from a residential complex at which the vehicle is located, the owner of the real property or authorized agent of the owner [:] , which may be the tow operator if the tow operator has entered into a contract for that purpose with the owner of the real property:
κ2019 Statutes of Nevada, Page 1169 (CHAPTER 210, SB 212)κ
tow operator if the tow operator has entered into a contract for that purpose with the owner of the real property:
(a) Must:
(1) Meet the requirements of subsection 1.
(2) [If] Except as otherwise provided in this subparagraph, if the vehicle is being towed pursuant to subparagraph (1), (2) or (3) of paragraph (b), notify the owner or operator of the vehicle of the tow not less than 48 hours before the tow by affixing to the vehicle a sticker which provides the date and time after which the vehicle will be towed. The provisions of this subparagraph do not apply and the vehicle may be immediately towed if it is a vehicle for which a notice was previously affixed:
(I) For the same or a similar reason within the same residential complex.
(II) Three or more times during the immediately preceding 6 months within the same residential complex for any reason, regardless of whether the vehicle was subsequently towed.
(b) May only have a vehicle towed:
(1) Because of a parking violation;
(2) If the vehicle is not registered pursuant to chapter 482 or 706 of NRS or in any other state;
(3) If the registration of the vehicle:
(I) Has been expired for not less than 60 days, if the vehicle is owned or operated by a resident of the residential complex or does not meet the requirements of sub-subparagraph (II); or
(II) Is expired, if the owner of real property or authorized agent of the owner verifies that the vehicle is not owned or operated by a resident of the residential complex; or
(4) If the vehicle is:
(I) Blocking a fire hydrant, fire lane or parking space designated for the handicapped; or
(II) Posing an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the residents of the residential complex [.] , which may include, without limitation, if the vehicle is parked in a space that is clearly marked for a specific resident or the use of a specific unit in the residential complex.
3. If towing is requested by a county or city pursuant to NRS 244.3605 or 268.4122, as applicable:
(a) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.
(b) The operator may be directed to terminate the towing by a law enforcement officer.
4. The registered owner of a motor vehicle towed pursuant to the provisions of subsection 1, 2 or 3:
(a) Is presumed to have left the motor vehicle on the real property from which the vehicle is towed; and
(b) Is responsible for the cost of removal and storage of the motor vehicle.
5. The registered owner may rebut the presumption in subsection 4 by showing that:
(a) The registered owner transferred the registered owners interest in the motor vehicle:
κ2019 Statutes of Nevada, Page 1170 (CHAPTER 210, SB 212)κ
(1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or
(2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or
(b) The vehicle is stolen, if the registered owner submits evidence that, before the discovery of the vehicle, the registered owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.
6. As used in this section:
(a) Parking violation means a violation of any:
(1) State or local law or ordinance governing parking; or
(2) Parking rule promulgated by the owner or manager of the residential complex that applies to vehicles on the property of the residential complex.
(b) Residential complex means a group of apartments, condominiums or townhomes intended for use as residential units and for which a common parking area is provided, regardless of whether each resident or unit has been assigned a specific parking space in the common parking area.
Sec. 2. This act becomes effective on July 1, 2019.
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Senate Bill No. 220Senators Cannizzaro, Cancela, Spearman, Brooks, Parks; Dondero Loop, D. Harris, Ohrenschall and Woodhouse
CHAPTER 211
[Approved: May 29, 2019]
AN ACT relating to Internet privacy; prohibiting an operator of an Internet website or online service which collects certain information from consumers in this State from making any sale of certain information about a consumer if so directed by the consumer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an operator of an Internet website or online service which collects certain items of personally identifiable information about consumers in this State to make available a notice containing certain information relating to the privacy of covered information collected by the operator. (NRS 603A.340) Section 6 of this bill revises the definition of the term operator to exclude certain financial institutions and entities that are subject to certain federal laws concerning privacy and certain persons who manufacture, service or repair motor vehicles.
Section 2 of this bill requires an operator to establish a designated request address through which a consumer may submit a verified request directing the operator not to make any sale of covered information collected about the consumer. Section 1.6 of this bill defines the term sale to mean the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons. Section 2 prohibits an operator who has received such a request from making any sale of any covered information collected about the consumer. Section 7 of this bill authorizes the Attorney General to seek an injunction or a civil penalty against an operator who violates section 2.
κ2019 Statutes of Nevada, Page 1171 (CHAPTER 211, SB 220)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 603A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 2, inclusive, of this act.
Sec. 1.3. Designated request address means an electronic mail address, toll-free telephone number or Internet website established by an operator through which a consumer may submit to an operator a verified request.
Sec. 1.6. 1. Sale means the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons.
2. The term does not include:
(a) The disclosure of covered information by an operator to a person who processes the covered information on behalf of the operator;
(b) The disclosure of covered information by an operator to a person with whom the consumer has a direct relationship for the purposes of providing a product or service requested by the consumer;
(c) The disclosure of covered information by an operator to a person for purposes which are consistent with the reasonable expectations of a consumer considering the context in which the consumer provided the covered information to the operator;
(d) The disclosure of covered information to a person who is an affiliate, as defined in NRS 686A.620, of the operator; or
(e) The disclosure or transfer of covered information to a person as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the person assumes control of all or part of the assets of the operator.
Sec. 1.8. Verified request means a request:
1. Submitted by a consumer to an operator for the purposes set forth in section 2 of this act; and
2. For which an operator can reasonably verify the authenticity of the request and the identity of the consumer using commercially reasonable means.
Sec. 2. 1. Each operator shall establish a designated request address through which a consumer may submit a verified request pursuant to this section.
2. A consumer may, at any time, submit a verified request through a designated request address to an operator directing the operator not to make any sale of any covered information the operator has collected or will collect about the consumer.
3. An operator that has received a verified request submitted by a consumer pursuant to subsection 2 shall not make any sale of any covered information the operator has collected or will collect about that consumer.
4. An operator shall respond to a verified request submitted by a consumer pursuant to subsection 2 within 60 days after receipt thereof. An operator may extend by not more than 30 days the period prescribed by this subsection if the operator determines that such an extension is reasonably necessary. An operator who extends the period prescribed by this subsection shall notify the consumer of such an extension.
κ2019 Statutes of Nevada, Page 1172 (CHAPTER 211, SB 220)κ
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 603A.100 is hereby amended to read as follows:
603A.100 1. The provisions of NRS 603A.010 to 603A.290, inclusive, do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.
2. A data collector who is also an operator, as defined in NRS 603A.330, shall comply with the provisions of NRS 603A.300 to 603A.360, inclusive [.] , and sections 1.3 to 2, inclusive, of this act.
3. Any waiver of the provisions of NRS 603A.010 to 603A.290, inclusive, is contrary to public policy, void and unenforceable.
Sec. 5. NRS 603A.300 is hereby amended to read as follows:
603A.300 As used in NRS 603A.300 to 603A.360, inclusive, and sections 1.3 to 2, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 603A.310, 603A.320 and 603A.330 and sections 1.3, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 603A.330 is hereby amended to read as follows:
603A.330 1. Operator means a person who:
(a) Owns or operates an Internet website or online service for commercial purposes;
(b) Collects and maintains covered information from consumers who reside in this State and use or visit the Internet website or online service; and
(c) Purposefully directs its activities toward this State, consummates some transaction with this State or a resident thereof , [or] purposefully avails itself of the privilege of conducting activities in this State [.] or otherwise engages in any activity that constitutes sufficient nexus with this State to satisfy the requirements of the United States Constitution.
2. The term does not include [a] :
(a) A third party that operates, hosts or manages an Internet website or online service on behalf of its owner or processes information on behalf of the owner of an Internet website or online service [.] ;
(b) A financial institution or an affiliate of a financial institution that is subject to the provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801 et seq., and the regulations adopted pursuant thereto;
(c) An entity that is subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and the regulations adopted pursuant thereto; or
(d) A manufacturer of a motor vehicle or a person who repairs or services a motor vehicle who collects, generates, records or stores covered information that is:
(1) Retrieved from a motor vehicle in connection with a technology or service related to the motor vehicle; or
(2) Provided by a consumer in connection with a subscription or registration for a technology or service related to the motor vehicle.
Sec. 7. NRS 603A.360 is hereby amended to read as follows:
603A.360 1. The Attorney General shall enforce the provisions of NRS 603A.300 to 603A.360, inclusive [.] , and sections 1.3 to 2, inclusive, of this act.
κ2019 Statutes of Nevada, Page 1173 (CHAPTER 211, SB 220)κ
2. If the Attorney General has reason to believe that an operator, either directly or indirectly, has violated or is violating NRS 603A.340 [,] or section 2 of this act, the Attorney General may institute an appropriate legal proceeding against the operator. The district court, upon a showing that the operator, either directly or indirectly, has violated or is violating NRS 603A.340 [,] or section 2 of this act, may:
(a) Issue a temporary or permanent injunction; or
(b) Impose a civil penalty not to exceed $5,000 for each violation.
3. The provisions of NRS 603A.300 to 603A.360, inclusive, and sections 1.3 to 2, inclusive, of this act do not establish a private right of action against an operator.
4. The provisions of NRS 603A.300 to 603A.360, inclusive, and sections 1.3 to 2, inclusive, of this act are not exclusive and are in addition to any other remedies provided by law.
________
Senate Bill No. 224Senators Ratti, Parks and Woodhouse
CHAPTER 212
[Approved: May 29, 2019]
AN ACT relating to public retirement systems; providing for the confidentiality of certain information; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Public Employees Retirement Board is required to administer the Judicial Retirement System, the Legislators Retirement System and the Public Employees Retirement System. (NRS 1A.100, 218C.150, 286.120) Existing law makes the official correspondence and records of those public retirement systems, other than the files of individual members, public records. (NRS 1A.100, 218C.200, 286.110)
Under existing law, a record of a governmental entity is public and open to inspection unless the confidentiality of the record or the information in the record is specifically provided for by law. (NRS 239.010)
Section 1 of this bill generally makes information about a current or former member of a public retirement system administered by the Public Employees Retirement Board, or a beneficiary of such a member, confidential. Section 1 further provides, however, that the following information relating to such a current or former member which is contained in a record or file in the possession, control or custody of the Board is a public record: (1) the name of such a person; and (2) the amount of annual pension benefit paid to the person.
Section 1 also prohibits the Board from disclosing confidential information about a member or beneficiary to a third party unless: (1) the disclosure is necessary for the Board to carry out its duties; and (2) the Board executes a confidentiality agreement with the third party before providing the third party with any confidential information. Sections 2-6 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 1174 (CHAPTER 212, SB 224)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, all information about a current or former member of a public retirement system administered by the Board, or a beneficiary of such a member, which is contained in a record or file in the possession, control or custody of the Board is confidential regardless of the form, location and manner of creation or storage of a record or file containing the information.
2. The following information about a current or former member of such a public retirement system which is contained in a record or file in the possession, control or custody of the Board is a public record:
(a) The name of the current or former member; and
(b) The amount of annual pension benefit paid to the current or former member.
3. The Board may only disclose information made confidential pursuant to subsection 1 to a third party if:
(a) Such disclosure is necessary for the Board to carry out its duties; and
(b) The Board executes a confidentiality agreement with the third party before providing the third party with any confidential information.
Sec. 2. NRS 286.110 is hereby amended to read as follows:
286.110 1. A system of retirement providing benefits for the retirement, disability or death of employees of public employers and funded on an actuarial reserve basis is hereby established and must be known as the Public Employees Retirement System. The System is a public agency supported by administrative fees transferred from the retirement funds. The Executive and Legislative Departments of the State Government shall regularly review the System.
2. The System is entitled to use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration, but is not required to use any other service. The purpose of this subsection is to provide to the Board the necessary autonomy for an efficient and economic administration of the System and its program.
3. [The] Except as otherwise provided in section 1 of this act, the official correspondence and records [, other than the files of individual members or retired employees,] and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The respective participating public employers are not liable for any obligation of the System.
Sec. 3. NRS 286.117 is hereby amended to read as follows:
286.117 [All] Except as otherwise provided in section 1 of this act, all records and files maintained for a member, retired employee or beneficiary may be reviewed and copied only by the System, the member, the members public employer or spouse, or the retired employee or the retired employees spouse, or pursuant to a court order, or by a beneficiary after the death of the employee on whose account benefits are received.
κ2019 Statutes of Nevada, Page 1175 (CHAPTER 212, SB 224)κ
spouse, or pursuant to a court order, or by a beneficiary after the death of the employee on whose account benefits are received. Any member, retired employee or beneficiary may submit a written waiver to the System authorizing the representative of the member, retired employee or beneficiary to review or copy all such records.
Sec. 4. NRS 1A.100 is hereby amended to read as follows:
1A.100 1. A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court, judges of the Court of Appeals and district judges, and certain justices of the peace and municipal judges, and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.
2. The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, and 3.090 to 3.099, inclusive, for providing benefits to justices of the Supreme Court, judges of the Court of Appeals or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court, judge of the Court of Appeals or district judge who is not a member of the Public Employees Retirement System is a member of the Judicial Retirement System.
3. [The] Except as otherwise provided in section 1 of this act, the official correspondence and records [, other than the files of individual members of the System or retired justices or judges,] and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.
Sec. 5. NRS 1A.110 is hereby amended to read as follows:
1A.110 [All] Except as otherwise provided in section 1 of this act, all records and files maintained for a member of the System, retired justice or judge, justice of the Supreme Court, judge of the Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, or the beneficiary of any of them may be reviewed and copied only by the System, the member, the Court Administrator, the board of county commissioners if the records concern a justice of the peace or retired justice of the peace whom the board of county commissioners allowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the city council if the records concern a municipal judge or retired municipal judge whom the city council allowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the spouse of the member, or the retired justice or judge or his or her spouse, or pursuant to a court order, or by a beneficiary after the death of the justice or judge on whose account benefits are received pursuant to the System. Any member, retired justice or judge, justice of the Supreme Court, judge of the Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, or beneficiary may submit a written waiver to the System authorizing his or her representative to review or copy all such records.
κ2019 Statutes of Nevada, Page 1176 (CHAPTER 212, SB 224)κ
beneficiary may submit a written waiver to the System authorizing his or her representative to review or copy all such records.
Sec. 6. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 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, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 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, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 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, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 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, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 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.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.
κ2019 Statutes of Nevada, Page 1177 (CHAPTER 212, SB 224)κ
633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 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, 673.450, 673.480, 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.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, section 1 of this act, 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. 7. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1178κ
Senate Bill No. 267Senator Spearman
Joint Sponsors: Assemblywomen Spiegel; and Peters
CHAPTER 213
[Approved: May 29, 2019]
AN ACT relating to education; requiring the identification of social and environmental factors that affect the educational experience of pupils at each public school; requiring the consideration of those factors in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Board of Education to adopt such regulations as necessary for the execution of the powers and duties conferred on it by law. (NRS 385.080) This bill requires the State Board to adopt regulations that require the board of trustees of each school district and the governing body of each charter school to identify the social and environmental factors that affect the educational experience of pupils at each school in the district or the charter school, as applicable. This bill requires the Department of Education, a board of trustees, a governing body and the staff of a school to consider those factors when making decisions concerning the school or interacting with and making decisions concerning the staff and pupils of a school.
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 388 of NRS is hereby amended by adding thereto a new section to read as follows:
The State Board shall adopt regulations that require:
1. The board of trustees of each school district and the governing body of each charter school to identify the social and environmental factors that affect the educational experience of pupils at each school in the district or the charter school, as applicable, and provide a description of those factors to the Department; and
2. The Department, the board of trustees of each school district, the governing body of each charter school and the staff of each public school to consider the factors identified pursuant to subsection 1 for a school when making decisions concerning the school or interacting with and making decisions concerning the staff of the school or pupils enrolled at the school. Such decisions include, without limitation, decisions concerning the allocation of money, the provision of integrated student supports pursuant to NRS 388.885, evaluations of members of the staff of the school pursuant to NRS 391.650 to 391.830, inclusive, salaries of members of the staff of the school and the discipline of pupils.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1179κ
Senate Bill No. 298Senator Brooks
CHAPTER 214
[Approved: May 29, 2019]
AN ACT relating to renewable energy facilities; requiring the recipients of certain partial tax abatements to create and retain certain records and submit an annual payroll report to the Office of Energy and the board of county commissioners of the county in which the facility receiving a partial tax abatement is located; providing that the wage used to determine eligibility for certain partial tax abatements does not include certain fringe benefits; authorizing the Director of the Office to charge and collect from an applicant for a certain partial abatement a fee in an amount established by regulation; requiring the proceeds of the fee to be used for specific activities set forth in a regulation adopted by the Director; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain renewable energy facilities to apply for a partial abatement of certain taxes. (NRS 701A.300-701A.390) For a renewable energy facility to be eligible for such a partial tax abatement, a certain number of full-time employees must be employed on the construction of the facility, including a certain percentage of employees who are Nevada residents, and the wages paid to employees of the facility or employees working on the construction of the facility must represent a certain percentage of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation. (NRS 701A.365)
Section 2 of this bill requires a recipient of such a partial tax abatement to keep or cause to be kept certain records regarding employees of the facility and employees who worked on the construction of the facility.
Section 3 of this bill requires a recipient of a partial tax abatement to submit to the Office of Energy and the board of county commissioners of the county in which the facility receiving a partial tax abatement is located, on an annual basis, a certified payroll report containing certain information.
For the purpose of determining the wage that must be paid to employees of a facility and employees working on the construction of a facility in order for a facility to be eligible for a partial tax abatement, existing law defines wage as including the cost of certain bona fide fringe benefits which are provided to an employee, including pension and health benefits. (NRS 701A.365) Section 4 of this bill provides that wages, for the purposes of determining eligibility for a partial tax abatement, do not include the amount of any health insurance plan, pension or other bona fide fringe benefits which are provided to an employee.
Existing law authorizes the Director of the Office of Energy to charge and collect a fee from each applicant who submits an application for a partial abatement of certain taxes that does not exceed the cost to the Director for processing and approving such applications. (NRS 701A.390) Section 5 of this bill authorizes the Director to include in the fee charged to applicants an additional amount established by regulation. Under section 5, the Office is required to use the proceeds of the fee for activities of the Office that support and expand renewable energy development in this State and that are set forth in a regulation adopted by the Director.
κ2019 Statutes of Nevada, Page 1180 (CHAPTER 214, SB 298)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 701A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A recipient of a partial abatement of taxes pursuant to this section and NRS 701A.300 to 701A.390, inclusive, and section 3 of this act shall keep or cause to be kept the records required to be kept by a contractor engaged on a public work pursuant to subsection 5 of NRS 338.070 for each employee who performed work on the construction of the facility, including, without limitation, the employee of any contractor or subcontractor who performed work on the facility, and for each employee of the facility.
Sec. 3. A recipient of a partial abatement of taxes pursuant to this section and NRS 701A.300 to 701A.390, inclusive, and section 2 of this act shall submit annually to the Office of Energy and the board of county commissioners of the county in which the facility is located a certified payroll report on a form or in a format prescribed by the Director. The certified payroll report must:
1. Be accompanied by a statement certifying the truthfulness and accuracy of the payroll report; and
2. Include the information contained in the records required to be kept pursuant to section 2 of this act.
Sec. 4. NRS 701A.365 is hereby amended to read as follows:
701A.365 1. The Director, in consultation with the Office of Economic Development, shall approve an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, and sections 2 and 3 of this act if the Director, in consultation with the Office of Economic Development, makes the following determinations:
(a) The applicant has executed an agreement with the Director which must:
(1) State that the facility will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Director, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and
(2) Bind the successors in interest in the facility for the specified period.
(b) The facility is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the facility operates.
(c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C. § 141.
(d) Except as otherwise provided in paragraph (e), if the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:
κ2019 Statutes of Nevada, Page 1181 (CHAPTER 214, SB 298)κ
(1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 50 percent who are residents of Nevada;
(2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State in capital assets that will be retained at the location of the facility until at least the date which is 5 years after the date on which the abatement becomes effective;
(3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and
(4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The employees working on the construction of the facility must be provided a health insurance plan that is provided by a third-party administrator and includes health insurance coverage for dependents of the employees; and
(II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.
(e) If the facility will be located in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the facility meets the following requirements:
(1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 50 percent who are residents of Nevada;
(2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State in capital assets that will be retained at the location of the facility until at least the date which is 5 years after the date on which the abatement becomes effective;
(3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and
(4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
κ2019 Statutes of Nevada, Page 1182 (CHAPTER 214, SB 298)κ
Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The employees working on the construction of the facility must be provided a health insurance plan that is provided by a third-party administrator and includes health insurance coverage for dependents of the employees; and
(II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.
(f) The financial benefits that will result to this State from the employment by the facility of the residents of this State and from capital investments by the facility in this State will exceed the loss of tax revenue that will result from the abatement.
(g) The facility is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.
2. The Director shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to NRS 701A.360 by a facility for the generation of process heat from solar renewable energy or a wholesale facility for the generation of electricity from renewable energy unless the application is approved or deemed approved pursuant to this subsection. The board of county commissioners of a county must provide notice to the Director that the board intends to consider an application and, if such notice is given, must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners:
(a) Shall, in considering an application pursuant to this subsection, make a recommendation to the Director regarding the application;
(b) May, in considering an application pursuant to this subsection, deny an application only if the board of county commissioners determines, based on relevant information, that:
(1) The projected cost of the services that the local government is required to provide to the facility will exceed the amount of tax revenue that the local government is projected to receive as a result of the abatement; or
(2) The projected financial benefits that will result to the county from the employment by the facility of the residents of this State and from capital investments by the facility in the county will not exceed the projected loss of tax revenue that will result from the abatement;
(c) Must not condition the approval of the application on a requirement that the facility agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility; and
(d) May, without regard to whether the board has provided notice to the Director of its intent to consider the application, make a recommendation to the Director regarding the application.
Κ If the board of county commissioners does not approve or deny the application within 30 days after the board receives from the Director a copy of the application, the application shall be deemed approved.
κ2019 Statutes of Nevada, Page 1183 (CHAPTER 214, SB 298)κ
3. Notwithstanding the provisions of subsection 1, the Director, in consultation with the Office of Economic Development, may, if the Director, in consultation with the Office, determines that such action is necessary:
(a) Approve an application for a partial abatement for a facility that does not meet any requirement set forth in subparagraph (1) or (2) of paragraph (d) of subsection 1 or subparagraph (1) or (2) of paragraph (e) of subsection 1; or
(b) Add additional requirements that a facility must meet to qualify for a partial abatement.
4. The Director shall cooperate with the Office of Economic Development in carrying out the provisions of this section.
5. The Director shall submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.
6. The provisions of subparagraph (4) of paragraph (d) of subsection 1 and subparagraph (4) of paragraph (e) of subsection 1 concerning the average hourly wage of the employees working on the construction of a facility do not apply to the wages of an apprentice as that term is defined in NRS 610.010.
7. As used in this section, wage or wages [has the meaning ascribed to it in NRS 338.010.] :
(a) Means the basic hourly rate of pay.
(b) Does not include the amount of any health insurance plan, pension or other bona fide fringe benefits which are a benefit to the employee.
Sec. 5. NRS 701A.390 is hereby amended to read as follows:
701A.390 The Director:
1. Shall adopt regulations:
(a) Prescribing the minimum level of benefits that a facility must provide to its employees ; [if the facility is going to use benefits paid to employees as a basis to qualify for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive;]
(b) Prescribing such requirements for an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, and sections 2 and 3 of this act as will ensure that all information and other documentation necessary for the Director, in consultation with the Office of Economic Development, to make an appropriate determination is filed with the Director;
(c) Requiring each recipient of a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, and sections 2 and 3 of this act to file annually with the Director such information and documentation as may be necessary for the Director to determine whether the recipient is in compliance with any eligibility requirements for the abatement; and
(d) Regarding the capital investment that a facility must make to meet the requirement set forth in paragraph (d) or (e) of subsection 1 of NRS 701A.365; and
2. May adopt such other regulations as the Director determines to be necessary to carry out the provisions of NRS 701A.300 to 701A.390, inclusive [;] , and sections 2 and 3 of this act; and
κ2019 Statutes of Nevada, Page 1184 (CHAPTER 214, SB 298)κ
3. May charge and collect a fee from each applicant who submits an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive [.] , and sections 2 and 3 of this act. The amount of the fee must consist of:
(a) An amount that does not exceed the actual cost to the Director for processing and approving the application [.] ; and
(b) A reasonable amount established by a regulation adopted by the Director pursuant to this paragraph. The Office shall use the proceeds of the fee for activities of the Office that support and expand renewable energy development in this State and are specified in a regulation adopted by the Director pursuant to this paragraph. The Director shall adopt regulations specifying the amount of the fee described in this section and setting forth the specific activities of the Office that the proceeds of the fee will support and expand.
Sec. 5.5. The amendatory provisions of this act do not apply to a person who is granted a partial abatement of taxes pursuant to NRS 701A.300 to 701A.390, inclusive, and sections 2 and 3 of this act, if the application for such an abatement was submitted before July 1, 2020.
Sec. 6. This act becomes effective on July 1, 2020, and expires by limitation on June 30, 2049.
________
Senate Bill No. 300Senator Brooks
CHAPTER 215
[Approved: May 29, 2019]
AN ACT relating to electric utilities; authorizing an electric utility to file an application for the establishment of an alternative rate-making plan; requiring the Public Utilities Commission of Nevada to adopt regulations governing the filing of such an application; revising the dates for the filing of general rate applications by electric utilities; repealing certain duties of the Commission relating to determining the impact of net metering on rates charged by electric utilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 16 of this bill requires the Public Utilities Commission of Nevada to adopt regulations establishing procedures for an electric utility to apply to the Commission for the approval of an alternative rate-making plan, which establishes the alternative rate-making mechanisms that the utility is authorized to use to set rates during the time period of the plan. The regulations adopted by the Commission must: (1) establish the alternative rate-making mechanisms that may be included in a plan and any limitations on such alternative rate-making mechanisms; (2) provide the information that must be included in an alternative rate-making plan and an application for the approval of such a plan; (3) specify the circumstances under which an electric utility for which an alternative rate-making plan has been approved must file a general rate application; (4) provide a process to educate customers of an electric utility regarding alternative rate-making mechanisms; (5) require an electric utility for which an alternative rate-making plan has been approved to keep certain records; and (6) establish criteria for the evaluation of an alternative rate-making plan.
κ2019 Statutes of Nevada, Page 1185 (CHAPTER 215, SB 300)κ
Section 17 of this bill authorizes an electric utility to submit an application to establish an alternative rate-making plan pursuant to the regulations adopted by the Commission, establishes time limits for the Commission to approve or deny such an application and requires the Commission to conduct a consumer session before taking action on such an application. Section 17 requires an application for the approval of an alternative rate-making plan to include a plan to educate the customers of the electric utility regarding the alternative rate-making mechanisms in the plan proposed by the utility. Section 17 provides that the Commission may only approve an application for the approval of an alternative rate-making plan if the Commission determines that the plan meets certain requirements. Section 17 also authorizes an alternative rate-making plan to include certain provisions, including a mechanism for earnings sharing with the customers of the utility and a term or condition waiving the requirement for the utility to file a general rate application every 36 months. Finally, section 17 authorizes the Commission to investigate and change rates, tolls, charges, rules, regulations, practices and service relating to an alternative rate-making plan under certain circumstances. Section 19 of this bill makes a conforming change.
Section 20 of this bill revises the dates by which electric utilities must file general rate applications.
Section 21.5 of this bill eliminates a requirement for the Commission to open an investigatory docket to establish methods to determine the impact of net metering on rates charged by an electric utility and to submit a biennial report to the Legislature concerning the impact of net metering on such rates. Sections 3.1-3.9 and 20.1-20.7 of this bill make conforming changes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.1. NRS 701.380 is hereby amended to read as follows:
701.380 1. The Director shall:
(a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumers Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation to:
(1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.
κ2019 Statutes of Nevada, Page 1186 (CHAPTER 215, SB 300)κ
cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.
(c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.
2. The Director shall prepare an annual report concerning the activities and programs of the Office of Energy and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:
(a) A description of the objectives of each activity and program;
(b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;
(c) The amount of money distributed for each activity and program from the Trust Account for Renewable Energy and Energy Conservation and a detailed description of the use of that money for each activity and program;
(d) An analysis of the coordination between the Office of Energy and other officers and agencies; and
(e) Any changes planned for each activity and program.
3. As used in this section:
(a) Distributed generation system means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:
(1) That uses renewable energy as defined in NRS 704.7811 to generate electricity;
(2) That is located on the property of a customer of an electric utility;
(3) That is connected on the customers side of the electricity meter;
(4) That provides electricity primarily to offset customer load on that property; and
(5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to [704.777,] 704.776, inclusive.
(b) Electric utility has the meaning ascribed to it in NRS 704.7571.
Sec. 3.2. NRS 701A.200 is hereby amended to read as follows:
701A.200 1. For purposes of the assessment of property pursuant to chapter 361 of NRS:
(a) Except as otherwise provided in paragraph (b), a qualified system is exempt from taxation.
(b) A qualified system is not exempt from taxation:
(1) During any period in which the qualified system is subject to another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS; or
(2) If the system is constructed after July 1, 2009, and is part of a facility which is eligible for a partial abatement of taxes pursuant to NRS 701A.360.
2. The Nevada Tax Commission shall adopt such regulations as it determines to be necessary for the administration of this section.
κ2019 Statutes of Nevada, Page 1187 (CHAPTER 215, SB 300)κ
3. As used in this section, qualified system means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in or adjacent to one or more buildings or an irrigation system in an agricultural operation to heat or cool the building or buildings or water used in the building or buildings, or to provide electricity used in the building or buildings or irrigation system regardless of whether the owner of the system, building or buildings or irrigation system participates in net metering pursuant to NRS 704.766 to [704.777,] 704.776, inclusive, by using:
(a) Energy from the wind or from solar devices;
(b) Geothermal resources;
(c) Energy derived from conversion of solid wastes; or
(d) Waterpower,
Κ which conforms to standards established by regulation of the Nevada Tax Commission.
Sec. 3.3. NRS 701B.055 is hereby amended to read as follows:
701B.055 Distributed generation system means a system or facility for the generation of electricity:
1. That uses solar energy to generate electricity;
2. That is located on the property of a customer of an electric utility;
3. That is connected on the customers side of the electricity meter;
4. That provides electricity primarily to offset customer load on that property; and
5. The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 3.5. NRS 701B.280 is hereby amended to read as follows:
701B.280 To be eligible for an incentive through the Solar Program, a solar energy system must meet the requirements for participation in net metering pursuant to the provisions of NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 3.7. NRS 701B.650 is hereby amended to read as follows:
701B.650 To be eligible for an incentive through the Wind Demonstration Program, a wind energy system must meet the requirements for participation in net metering pursuant to the provisions of NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 3.9. NRS 701B.880 is hereby amended to read as follows:
701B.880 To be eligible for an incentive through the Waterpower Demonstration Program, the waterpower energy system must meet the requirements for participation in net metering pursuant to the provisions of NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 4. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 18, inclusive, of this act.
Sec. 5. As used in sections 5 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 6. Alternative rate-making mechanism means a rate-making mechanism in an alternative rate-making plan and includes, without limitation, performance-based rates, formula rates, multi-year rate plans, subscription pricing, an earnings-sharing mechanism, decoupling mechanism or any other rate-making mechanism authorized by the Commission by regulation.
κ2019 Statutes of Nevada, Page 1188 (CHAPTER 215, SB 300)κ
subscription pricing, an earnings-sharing mechanism, decoupling mechanism or any other rate-making mechanism authorized by the Commission by regulation.
Sec. 7. Alternative rate-making plan means a plan that would implement one or more alternative rate-making mechanisms to be used in addition to or in place of the rate-making process established by NRS 704.110.
Sec. 8. Decoupling mechanism means a mechanism that disassociates an electric utilitys financial performance and results from the sales of electricity by the electric utility.
Sec. 9. Earnings-sharing mechanism means a mechanism designed by the Commission that requires an electric utility to share earnings with its customers.
Sec. 10. Electric utility has the meaning ascribed to it in NRS 704.187.
Sec. 11. Formula rates means rates that are periodically adjusted based on a predetermined formula approved by the Commission without the need for an electric utility to file a general rate application pursuant to NRS 704.110.
Sec. 12. (Deleted by amendment.)
Sec. 13. Multi-year rate plan means a rate mechanism under which the Commission sets rates and revenue requirements for a multi-year plan period of more than 36 months, including, without limitation, a plan which authorizes periodic changes in rates, including, without limitation, adjustments to accounts for inflation or capital investments, without a general rate application.
Sec. 14. Performance-based rates means rates that are set or adjusted based on the performance of an electric utility as determined by such performance metrics as the Commission may establish.
Sec. 15. Subscription pricing means a rate offering to the customers of an electric utility that is based upon a set, subscription-based fee and may include other conditions for the subscription-based rate.
Sec. 16. The Commission shall adopt regulations to establish procedures for an electric utility to apply to the Commission for the approval of an alternative rate-making plan. The regulations must:
1. Establish the alternative rate-making mechanisms that may be included in such a plan and any limitations on such alternative rate-making mechanisms as the Commission deems appropriate, including, without limitation, any restrictions on the types of alternative rate-making mechanisms that may be used in concert within the same alternative rate-making plan.
2. Provide the information that must be included in an alternative rate-making plan and an application submitted pursuant to the regulations adopted pursuant to this section.
3. Specify the circumstances under which an electric utility for which the Commission has approved an alternative rate-making plan is required to file a general rate application pursuant to NRS 704.110 including, without limitation, if the alternative rate-making plan ceases to meet the criteria established by the Commission pursuant to subsection 7.
4. Provide a process to educate customers of an electric utility regarding the available alternative rate-making mechanisms that may be included in an alternative rate-making plan.
κ2019 Statutes of Nevada, Page 1189 (CHAPTER 215, SB 300)κ
5. Establish requirements for an electric utility for which the Commission has approved an alternative rate-making plan to keep or cause to be kept any information and records which the utility would have been required to submit to the Commission as part of an application pursuant to NRS 704.110 or 704.187, if the filing of any such application is delayed or excused pursuant to the alternative rate-making plan.
6. If the Commission determines that it is practicable, require an electric utility to include in its application for the approval of an alternative rate-making plan:
(a) One or more cost of service studies.
(b) An analysis estimating and comparing:
(1) The rates that would be charged and the revenue that would be collected under the alternative rate-making plan proposed in the application; and
(2) The rates that would be charged and the revenue that would be collected pursuant to the rate-making process established by NRS 704.110.
7. Establish criteria for the evaluation of an alternative rate-making plan which may include, without limitation, whether the plan:
(a) Aligns an economically viable utility model with state public policy goals.
(b) Provides for just and reasonable rates that are comparable to rates established pursuant to NRS 704.110.
(c) Enables the delivery of electric service and options for services and pricing that customers value including, without limitation, the development and the use of renewable resources by customers that prioritize such resources above other factors, including price.
(d) Fosters statewide improvements to the economic and operational efficiency of the electrical grid.
(e) Furthers the public interest including, without limitation, the promotion of safe, economic, efficient and reliable electric service to all customers of the electric utility.
(f) Enhances the resilience and security of the electrical grid while addressing concerns regarding customer privacy.
(g) Ensures that customers of an electric utility benefit from lower regulatory administrative costs where appropriate.
(h) Facilitates the research and development of innovative electric utility services and options to benefit customers.
(i) Balances the interests of customers and shareholders by providing for services that customers want while preserving reasonable shareholder value.
8. The Commission is not required to accept applications to establish an alternative rate-making plan if the Commission determines, after a reasonable investigation, that the use of alternative rate-making plan is not consistent with the criteria established by the Commission pursuant to subsection 7.
Sec. 17. 1. Except as otherwise provided in subsection 8 of section 16 of this act, and in accordance with the regulations adopted by the Commission pursuant to section 16 of this act:
(a) Not sooner than the first Monday in January 2020, an electric utility that primarily serves less densely populated counties may apply to the Commission to establish an alternative rate-making plan which sets forth the alternative rate-making mechanisms to be used to establish rates during the time period covered by the plan.
κ2019 Statutes of Nevada, Page 1190 (CHAPTER 215, SB 300)κ
forth the alternative rate-making mechanisms to be used to establish rates during the time period covered by the plan.
(b) Not sooner than the first Monday in January 2021, an electric utility that primarily serves densely populated counties may apply to the Commission to establish an alternative rate-making plan which sets forth the alternative rate-making mechanisms to be used to establish rates during the time period covered by the plan.
2. The Commission shall approve, with or without modifications, or deny an application submitted pursuant to subsection 1 not later than 210 days after the Commission receives a copy of the application unless the Commission, upon good cause, extends by not more than 90 days the time to act upon the application. If the Commission fails to act upon an application within the time provided by this subsection, the application shall be deemed to be denied.
3. The Commission shall conduct at least one consumer session pursuant to NRS 704.069 to solicit comments from the public before taking action on an application submitted pursuant to subsection 1.
4. The Commission shall not approve an application submitted pursuant to subsection 1 unless the Commission determines that the plan:
(a) Is in the public interest;
(b) Results in just and reasonable rates, as determined by the Commission;
(c) Protects the interests of the customers of the electric utility;
(d) Satisfies the criteria established by the Commission pursuant to subsection 7 of section 16 of this act;
(e) Specifies the time period to which the plan applies; and
(f) Includes a plan for educating the customers of the electric utility regarding the alternative rate-making mechanisms included in the plan.
5. An alternative rate-making plan may include, without limitation:
(a) An earnings-sharing mechanism that balances the interests of customers that purchase electricity for consumption in this State and the shareholders of the electric utility.
(b) A term or condition waiving the requirement that the electric utility file a general rate application every 36 months pursuant to subsection 3 of NRS 704.110 or extending beyond 36 months the time between required general rate application filings.
(c) Any other term or condition proposed by an electric utility or any party participating in the proceeding or that the Commission finds is reasonable and serves the public interest.
6. The Commission may at any time, upon its own motion or after receiving a complaint from any customer, the Consumers Advocate or the Regulatory Operations Staff of the Commission, investigate any of the rates, tolls, charges, rules, regulations, practices and service relating to an alternative rate-making plan, and, after a full hearing as provided in NRS 704.120, by order, make such changes as may be just and reasonable to the same extent as authorized by NRS 704.120.
7. As used in this section:
(a) Electric utility that primarily serves densely populated counties has the meaning ascribed to it in NRS 704.110.
(b) Electric utility that primarily serves less densely populated counties has the meaning ascribed to it in NRS 704.110.
κ2019 Statutes of Nevada, Page 1191 (CHAPTER 215, SB 300)κ
Sec. 18. The provisions of sections 5 to 18, inclusive, of this act must not be construed to limit the existing rate-making authority of the Commission.
Sec. 19. NRS 704.100 is hereby amended to read as follows:
704.100 1. Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 , [or] 704.097 [:] or section 17 of this act:
(a) A public utility shall not make changes in any schedule, unless the public utility:
(1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or
(2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) or (g).
(b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utilitys recorded costs of natural gas purchased for resale.
(c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110.
(d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.
(e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.
(f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $15,000:
(1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and
(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.
Κ A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatorys knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the public utility in an amount that exceeds $15,000.
(g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicants annual gross operating revenue, whichever is less:
κ2019 Statutes of Nevada, Page 1192 (CHAPTER 215, SB 300)κ
(1) The small-scale provider of last resort may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the small-scale provider of last resort:
(I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative of the small-scale provider of last resort that to the best of the signatorys knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;
(II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and
(III) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110; and
(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.
Κ Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110. The Commission may hold a hearing to consider such a request.
(h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.
2. An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph (III) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110. If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.
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3. As used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec. 20. NRS 704.110 is hereby amended to read as follows:
704.110 Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 , [or] 704.097 [:] or section 17 of this act:
1. If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
2. Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.
3. If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:
(a) An electric utility that primarily serves less densely populated counties shall file a general rate application [not] :
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(1) Not later than 5 p.m. on or before the first Monday in June [2010,] 2019; and [at least once]
(2) Once every 36 months thereafter [.] or on a date specified in an alternative rate-making plan approved by the Commission pursuant to section 17 of this act.
(b) An electric utility that primarily serves densely populated counties shall file a general rate application [not] :
(1) Not later than 5 p.m. on or before the first Monday in June [2011,] 2020; and [at least once]
(2) Once every 36 months thereafter [.] or on a date specified in an alternative rate-making plan approved by the Commission pursuant to section 17 of this act.
(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
Κ The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.
4. In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets.
κ2019 Statutes of Nevada, Page 1195 (CHAPTER 215, SB 300)κ
measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:
(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and
(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.
5. If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
6. If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.
7. A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:
(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or
(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.
8. A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission.
κ2019 Statutes of Nevada, Page 1196 (CHAPTER 215, SB 300)κ
shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utilitys deferred account varies by less than 5 percent from the public utilitys annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.
9. If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:
(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customers regular monthly bill:
(1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and
(2) Must include the following:
(I) The total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.
κ2019 Statutes of Nevada, Page 1197 (CHAPTER 215, SB 300)κ
transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.
10. An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utilitys deferred account varies by less than 5 percent from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
11. A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:
(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customers regular monthly bill:
(1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and
(2) Must include the following:
κ2019 Statutes of Nevada, Page 1198 (CHAPTER 215, SB 300)κ
(I) The total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.
12. If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and NRS 704.187 while a general rate application is pending, the electric utility shall:
(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and
(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.
13. A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316 and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment.
κ2019 Statutes of Nevada, Page 1199 (CHAPTER 215, SB 300)κ
elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751.
14. In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:
(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:
(1) Until a date determined by the Commission; and
(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and
(b) Authorize a utility to implement a reduced rate for low-income residential customers.
15. The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.
16. A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.
17. As used in this section:
(a) Deferred energy accounting adjustment means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period.
(b) Electric utility has the meaning ascribed to it in NRS 704.187.
(c) Electric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.
(d) Electric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.
Sec. 20.1. NRS 704.741 is hereby amended to read as follows:
704.741 1. A utility which supplies electricity in this State shall, on or before June 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.
κ2019 Statutes of Nevada, Page 1200 (CHAPTER 215, SB 300)κ
Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.
2. The Commission shall, by regulation:
(a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:
(1) Forecast the future demands; and
(2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and
(b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.
3. The Commission shall require the utility or utilities to include in the plan:
(a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.
(b) A proposal for the expenditure of not less than 5 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency and conservation programs directed to low-income customers of the electric utility.
(c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity that includes the deployment of distributed generation.
(d) An analysis of the effects of the requirements of NRS 704.766 to [704.777,] 704.776, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.
(e) A list of the utilitys or utilities assets described in NRS 704.7338.
(f) A surplus asset retirement plan as required by NRS 704.734.
4. The Commission shall require the utility or utilities to include in the plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.
5. The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:
(a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.
(b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.
κ2019 Statutes of Nevada, Page 1201 (CHAPTER 215, SB 300)κ
(c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.
(d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.
(e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.
6. As used in this section:
(a) Carbon intensity means the amount of carbon by weight emitted per unit of energy consumed.
(b) Distributed generation system has the meaning ascribed to it in NRS 701.380.
(c) Distributed resources means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.
(d) Renewable energy zones means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.
Sec. 20.2. NRS 704.766 is hereby amended to read as follows:
704.766 It is hereby declared to be the purpose and policy of the Legislature in enacting NRS 704.766 to [704.777,] 704.776, inclusive, to:
1. Encourage private investment in renewable energy resources;
2. Stimulate the economic growth of this State;
3. Enhance the continued diversification of the energy resources used in this State; and
4. Streamline the process for customers of a utility to apply for and install net metering systems.
Sec. 20.3. NRS 704.767 is hereby amended to read as follows:
704.767 As used in NRS 704.766 to [704.777,] 704.776, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7675 to 704.772, inclusive, have the meanings ascribed to them in those sections.
Sec. 20.4. NRS 704.773 is hereby amended to read as follows:
704.773 1. A utility shall offer net metering in accordance with the provisions of NRS 704.766 to [704.777,] 704.776, inclusive, to the customer-generators operating within its service area.
2. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:
(a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.
(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
(c) Except as otherwise provided in subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
κ2019 Statutes of Nevada, Page 1202 (CHAPTER 215, SB 300)κ
other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
(d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
3. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:
(a) May require the customer-generator to install at its own cost:
(1) An energy meter that is capable of measuring generation output and customer load; and
(2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.
(c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
(d) Shall not charge the customer-generator any standby charge.
4. At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by subsection 3 to pay the entire cost of the installation or upgrade of the portion of the net metering system.
5. Except as otherwise provided in subsections 2, 3 and 6 and NRS 704.7732, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.
6. If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:
(a) The system is intended primarily to offset part or all of the customer-generators requirements for electricity on property contiguous to the property on which the net metering system is located; and
(b) The customer-generator sells or transfers his or her interest in the contiguous property,
Κ the net metering system ceases to be eligible to participate in net metering.
7. A utility shall assess against a customer-generator:
(a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; and
(b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator.
Κ For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.
κ2019 Statutes of Nevada, Page 1203 (CHAPTER 215, SB 300)κ
8. The Commission and the utility must allow a customer-generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to [704.777,] 704.776, inclusive, at the location at which the net metering system is originally installed for 20 years. For the purposes of this subsection, to continue net metering includes, without limitation:
(a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator; and
(b) Replacing the originally installed net metering system, as needed, at any time before 20 years after the date of the installation of the originally installed net metering system.
9. The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:
(a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:
(1) Metering equipment;
(2) Net energy metering and billing; and
(3) Interconnection,
Κ based on the allowable size of the net metering system.
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
(c) A timeline for processing applications and contracts for net metering applicants.
(d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 20.5. NRS 704.776 is hereby amended to read as follows:
704.776 If the Legislature provides by law for an open, competitive retail electric energy market for all electricity customers within a service territory:
1. Each person providing electric service in that service territory shall be deemed to be a utility for the purposes of NRS 704.766 to [704.777,] 704.776, inclusive;
2. The Commission or any other agency designated by law to regulate electric service in this State shall prohibit any person providing electric service in the service territory from impeding or interrupting the operation or performance or otherwise restrict the output of an existing net metering system; and
3. A customer-generator must be required to pay any costs charged to other customers of the person providing electric service to the customer-generator in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
Sec. 20.6. NRS 704.7815 is hereby amended to read as follows:
704.7815 Renewable energy system means:
1. A facility or energy system that uses renewable energy or energy from a qualified energy recovery process to generate electricity and:
κ2019 Statutes of Nevada, Page 1204 (CHAPTER 215, SB 300)κ
(a) Uses the electricity that it generates from renewable energy or energy from a qualified recovery process in this State; or
(b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process to a provider of electric service for delivery into and use in this State.
2. A solar energy system that reduces the consumption of electricity or any fossil fuel.
3. A net metering system used by a customer-generator pursuant to NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 20.7. NRS 598.9804 is hereby amended to read as follows:
598.9804 Distributed generation system means a system or facility for the generation of electricity:
1. That uses solar energy to generate electricity;
2. That is located on the property of a customer of an electric utility;
3. That is connected on the customers side of the electricity meter;
4. That provides electricity primarily to offset customer load on that property; and
5. The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to [704.777,] 704.776, inclusive.
Sec. 21. The provisions of this act must not be construed to invalidate the effectiveness of any rate, charge, classification or joint rate fixed by the Commission before the effective date of this act, and such rates, charges, classifications and joint rates remain in force, and are prima facie lawful, from the date of the order of the Commission fixing such rates, charges, classifications and joint rates until changed or modified by the Commission, or pursuant to NRS 703.373 to 703.376, inclusive.
Sec. 21.5. NRS 704.777 is hereby repealed.
Sec. 22. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 1205κ
Senate Bill No. 320Senators Dondero Loop, Woodhouse; Brooks, Cancela, Cannizzaro, Denis, D. Harris, Ohrenschall, Parks and Scheible
CHAPTER 216
[Approved: May 29, 2019]
AN ACT relating to education; providing for the identification of pupils for placement in more rigorous courses in certain core academic subjects; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law designates mathematics, English language arts, science and social studies as core academic subjects. (NRS 389.018) This bill requires the State Board of Education to adopt regulations that require each public school to establish and carry out a plan to identify pupils in grades 3 to 12, inclusive, for placement in more rigorous courses in those academic subjects. This bill requires a public school to place a pupil who is so identified in such a course unless the parent or guardian of the pupil submits to the principal of the school written notice of his or her objection to such placement. This bill also requires the board of trustees of a school district or the governing body of a charter school to establish a more rigorous course in mathematics, English language arts, science or social studies if: (1) there are sufficient numbers of pupils enrolled in the highest level of course in that subject area offered in the school district or charter school who are identified for placement in a more rigorous course to warrant the establishment of such a course; and (2) the school district or charter school has sufficient financial resources to establish the more rigorous course.
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 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board shall adopt regulations that require each public school to establish and carry out a plan to identify pupils in grades 3 to 12, inclusive, for placement in more rigorous courses in mathematics, English language arts, science and social studies. The regulations must require a school to use the criterion-referenced examinations administered pursuant to NRS 390.105 or norm-referenced, nationally recognized examinations and any other methods determined appropriate by the State Board to identify pupils for such placement.
2. If a pupil is identified for placement in a more rigorous course pursuant to subsection 1 and such a course is offered at the public school in which the pupil is enrolled:
(a) The principal of the public school in which the pupil is enrolled shall provide to the parent or guardian of the pupil written notice that the pupil has been identified for such placement which must include, without limitation:
κ2019 Statutes of Nevada, Page 1206 (CHAPTER 216, SB 320)κ
(1) The subject area for which the pupil has been identified for such placement; and
(2) A statement that the pupil will be placed in a more rigorous course in that subject area unless the parent or guardian submits to the principal a written notice of his or her objection to such placement.
(b) The pupil must be placed in the more rigorous course unless the parent or guardian submits to the principal a written notice of his or her objection to such placement.
3. The board of trustees of a school district or the governing body of a charter school shall establish a more rigorous course in mathematics, English language arts, science or social studies if:
(a) There are sufficient numbers of pupils enrolled in the highest level of a course in that subject area offered in the school district or charter school who are identified for placement in a more rigorous course pursuant to subsection 1 to warrant the establishment of such a more rigorous course; and
(b) The school district or charter school has sufficient financial resources to establish the course.
4. The provisions of this section must not be construed to require a school district or charter school to establish a course for which sufficient financial resources are not available.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 1207κ
Senate Bill No. 336Senators D. Harris, Spearman, Parks; Cannizzaro, Dondero Loop, Ohrenschall and Scheible
Joint Sponsors: Assemblymen Thompson, Monroe-Moreno, Torres, Assefa, Frierson; Bilbray-Axelrod, Carrillo, Cohen, Duran, Ellison, Flores, Gorelow, Hafen, Hardy, Leavitt, Martinez, McCurdy, Miller, Munk, Neal, Peters, Smith and Watts
CHAPTER 217
[Approved: May 29, 2019]
AN ACT relating to days of observance; requiring the Governor annually to proclaim July 28 to be Buffalo Soldiers Day in Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (NRS 236.018-236.085) This bill requires the Governor to annually proclaim July 28 to be Buffalo Soldiers Day in the State of Nevada.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
Whereas, On July 28, 1866, after the end of the Civil War, Congress enacted legislation that allowed African-American men to serve in six segregated units in the United States Army during peacetime; and
Whereas, These new units, which consisted of former slaves and African-American soldiers that fought in the Civil War, were the 9th and 10th Cavalry, and the 38th, 39th, 40th and 41st Infantry, which were later reorganized as the 24th and 25th Infantry; and
Whereas, These soldiers were nicknamed Buffalo Soldiers by the Native Americans against whom they fought because of their reputation for toughness and bravery in battle and the buffalo fur coats that they wore in the winter; and
Whereas, Throughout the era of the Indian Wars, Buffalo Soldiers were posted from Montana in the Northwest to Texas, New Mexico and Arizona in the Southwest, making up approximately 20 percent of the United States Cavalry troops; and
Whereas, Besides their impressive military contributions, the Buffalo Soldiers also had a significant role in the expansion of the West by escorting settlers, cattle herds and railroad crews, exploring and mapping vast areas of the Southwest and stringing hundreds of miles of telegraph lines; and
Whereas, The Buffalo Soldiers were some of the first park rangers in the national parks of the Sierra Nevada, where they protected the parks from illegal grazing, poaching, timber thieves and forest fires and helped build roads and trails in the parks for the enjoyment of all Americans; and
Whereas, Buffalo Soldiers also served courageously during World War I and World War II; and
Whereas, African-Americans have fought with distinction in all of this countrys military engagements and 23 Buffalo Soldiers received the Congressional Medal of Honor, which is the highest military distinction awarded in the name of Congress to members of the armed forces for bravery and service; and
κ2019 Statutes of Nevada, Page 1208 (CHAPTER 217, SB 336)κ
Congressional Medal of Honor, which is the highest military distinction awarded in the name of Congress to members of the armed forces for bravery and service; and
Whereas, It is important to honor the dedication and sacrifices of the Buffalo Soldiers, recognize the contributions that they have made to the State of Nevada and to the United States and preserve their legacy; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Governor shall annually proclaim July 28 to be Buffalo Soldiers Day in the State of Nevada.
2. The proclamation must call upon the news media, educators, business and labor leaders and appropriate governmental officers to bring to the attention of Nevada residents the important contributions Buffalo Soldiers made to the State of Nevada and the United States.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 350Senators Denis, Woodhouse, D. Harris and Dondero Loop
Joint Sponsors: Assemblymen Torres, Thompson, Flores, Carrillo, Neal; Benitez-Thompson, Duran and Martinez
CHAPTER 218
[Approved: May 29, 2019]
AN ACT relating to higher education; revising provisions governing the awarding of Nevada Promise Scholarships; creating the Nevada Promise Scholarship Program to be administered by the Board of Regents of the University of Nevada; authorizing the Board of Regents to waive certain requirements for eligibility for certain students who are granted a leave of absence from the Program; revising the eligibility criteria for a student to receive a Nevada Promise Scholarship; revising provisions governing the disbursement of money from the Nevada Promise Scholarship Account; eliminating provisions requiring a community college to maintain certain records relating to Nevada Promise Scholarships; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a community college is authorized, but not required, to award Nevada Promise Scholarships to students who meet certain requirements for eligibility. (NRS 396.965, 396.9665) This bill transfers authority for the awarding of Nevada Promise Scholarships from each community college to the Board of Regents of the University of Nevada. Section 9 of this bill creates the Nevada Promise Scholarship Program for the purpose of awarding Nevada Promise Scholarships and requires the Board of Regents to administer the Program.
κ2019 Statutes of Nevada, Page 1209 (CHAPTER 218, SB 350)κ
Scholarship Program for the purpose of awarding Nevada Promise Scholarships and requires the Board of Regents to administer the Program.
Under existing law, Nevada Promise Scholarships must be used to pay the difference between the amount of the registration fee and other mandatory fees a community college charges to a student and the total amount of any other gift aid the student receives for the school year. (NRS 396.968) Section 4 of this bill defines registration fee and other mandatory fees. Section 15 of this bill repeals the term school year as it relates to the Nevada Promise Scholarship Program and sections 9-12 of this bill replace it with the term academic year. Section 2 of this bill defines the term academic year.
Under existing law, if a community college chooses to award Nevada Promise Scholarships, it is required to perform certain specified duties, including holding training meetings for scholarship applicants and establishing a mentoring program, or entering into an agreement with a nonprofit organization or governmental entity to perform those duties. (NRS 396.965, 396.9655) Sections 9, 10 and 15 of this bill remove provisions specifying these duties and instead require the Board of Regents to adopt regulations governing the Program.
Existing law sets forth the requirements a student must meet to be eligible to receive or renew a Nevada Promise Scholarship. (NRS 396.9665, 396.967) Section 15 repeals the provision requiring that a student renew a Nevada Promise Scholarship each year. Section 10 instead provides that a student remains eligible for a Nevada Promise Scholarship so long as he or she meets certain prescribed requirements. Section 10 also decreases the number of hours of community service that a student must perform, from 20 hours before receiving a scholarship and 20 hours each year the student receives a scholarship to 8 hours before receiving a scholarship and 8 hours each semester the student receives a scholarship. Section 10 similarly decreases the number of training meetings a student must attend from two meetings to one meeting. Sections 9 and 10 remove deadlines for a student to complete certain requirements for eligibility for a Nevada Promise Scholarship and instead require the Board of Regents to adopt regulations prescribing such deadlines.
Existing law requires a student to be less than 20 years of age and have obtained a high school diploma or a general equivalency diploma or equivalent document to be eligible to receive a Nevada Promise Scholarship. (NRS 396.9665) Section 10 requires that a student have obtained a high school diploma or successfully completed the high school equivalency assessment selected by the State Board of Education before 20 years of age to be eligible to receive a Nevada Promise Scholarship.
Existing law requires a student to complete the Free Application for Federal Student Aid to be eligible to receive a Nevada Promise Scholarship. (NRS 396.9665) Section 10 provides that a student who is prohibited by law from completing the Free Application for Federal Student Aid is authorized to complete an alternative determination for financial aid as the Board of Regents may prescribe.
Section 5 of this bill authorizes the Board of Regents to grant a student a leave of absence from the Program under certain circumstances and waive certain requirements for eligibility in the Program for a student who has been granted a leave of absence.
Existing law creates the Nevada Promise Scholarship Account and requires each participating community college to award Nevada Promise Scholarships in accordance with certain procedures for determining the amount of a scholarship for each eligible student and requesting a disbursement from the Account. If there is insufficient money available to award a full scholarship to all eligible students, existing law requires the State Treasurer to provide notice to certain entities and disburse money from the Account in a certain manner. (NRS 396.9645, 396.968) Section 11 of this bill requires the Board of Regents to: (1) calculate the maximum amount of the Scholarship each eligible student is eligible to receive; (2) determine the actual amount, if any, the eligible student will receive; and (3) award a Nevada Promise Scholarship to the student by disbursing money directly to the community college in which the student is enrolled. Section 11 also requires the State Treasurer to disburse money from the Account to the Board of Regents upon request and, if there is insufficient money in the Account, to provide notice to the Board of Regents.
κ2019 Statutes of Nevada, Page 1210 (CHAPTER 218, SB 350)κ
to disburse money from the Account to the Board of Regents upon request and, if there is insufficient money in the Account, to provide notice to the Board of Regents.
Section 11 further requires the Board of Regents to adopt regulations for the disbursement of money if there is insufficient money in the Account to award a full scholarship to all eligible students. Section 11 requires such regulations to prohibit the Board of Regents from awarding any money to a student who is prohibited by law from completing the Free Application for Federal Student Aid unless all students who have completed the Free Application for Federal Student Aid have been awarded a full scholarship.
Section 12 of this bill revises certain requirements relating to an annual report that the Board of Regents must prepare and eliminates the requirement that a community college maintain certain records relating to Nevada Promise Scholarships.
Section 15 repeals certain provisions relating to Nevada Promise Scholarships to conform to the changes made in this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Academic year means 2 consecutive semesters, beginning with a fall semester, and 1 summer academic term at a community college.
Sec. 3. Program means the Nevada Promise Scholarship Program created by NRS 396.965.
Sec. 4. Registration fee and other mandatory fees means a registration fee assessed per credit and mandatory fees assessed per credit that are approved by the Board of Regents and charged to all students by a community college. The term does not include special course fees or fees charged for specific programs of study, books or supplies even if such fees are considered necessary for enrollment.
Sec. 5. 1. The Board of Regents may grant a leave of absence from the Program to a student upon request. A student may request a leave of absence for:
(a) An illness or serious medical problem of the student or a member of the students immediate family;
(b) Extreme financial hardship for the student or a member of the students immediate family;
(c) Engaging in any activity required or encouraged for members of the students religious faith;
(d) Mobilization of the students unit of the Armed Forces of the United States or National Guard; or
(e) Any other extraordinary circumstances beyond the control of the student that would create a substantial hardship for the student, as determined by the Board of Regents.
2. If the Board of Regents grants a leave of absence to a student, the Board of Regents shall:
(a) Make a determination in accordance with regulations adopted by the Board of Regents as to which requirements for eligibility in the Program set forth in NRS 396.9665 are appropriate to waive for the student; and
(b) Waive requirements for eligibility as determined pursuant to paragraph (a) for the student for the length of the leave of absence.
κ2019 Statutes of Nevada, Page 1211 (CHAPTER 218, SB 350)κ
3. The Board of Regents shall adopt regulations establishing:
(a) Procedures for a student to request a leave of absence pursuant to subsection 1; and
(b) Criteria for determining appropriate requirements for eligibility to waive for a student who has been granted a leave of absence pursuant to subsection 2.
Sec. 6. NRS 396.961 is hereby amended to read as follows:
396.961 As used in NRS 396.961 to 396.9685, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 396.9615 to 396.964, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 396.9625 is hereby amended to read as follows:
396.9625 Nevada Promise Scholarship means a scholarship awarded by [a participating community college] the Board of Regents pursuant to NRS 396.968.
Sec. 8. NRS 396.9645 is hereby amended to read as follows:
396.9645 1. The Nevada Promise Scholarship Account is hereby created in the State General Fund. The Account must be administered by the State Treasurer.
2. The interest and income earned on:
(a) The money in the Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Κ must be credited to the Account.
3. Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund, does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The State Treasurer may accept gifts and grants of money from any source for deposit in the Account.
5. The money in the Account may only be used to distribute money to [participating community colleges] the Board of Regents for the purpose of awarding Nevada Promise Scholarships to students who are eligible to receive [or renew] such scholarships under the provisions of NRS 396.9665 . [and 396.967.]
Sec. 9. NRS 396.965 is hereby amended to read as follows:
396.965 1. [On or before October 1 of each year, each community college shall:
(a) Determine whether it will participate in the] The Nevada Promise Scholarship [program established by NRS 396.961 to 396.9685, inclusive, for the immediately following school year; and
(b) Post on a publicly accessible Internet website maintained by the community college notice of the determination described in paragraph (a).
2. Each community college that elects to participate in the] Program is hereby created for the purpose of awarding Nevada Promise [Scholarship program established by NRS 396.961 to 396.9685, inclusive, for the immediately following school year shall:
(a) Conduct the activities required by NRS 396.9655 or enter into an agreement with one or more nonprofit organizations or governmental entities to conduct those activities.
κ2019 Statutes of Nevada, Page 1212 (CHAPTER 218, SB 350)κ
(b) Allow an applicant or scholarship recipient] Scholarships to eligible students to pay for the difference between the amount of the registration fee and other mandatory fees charged to a student by a community college for the academic year and the total amount of any other gift aid received by the student for the academic year.
2. The Board of Regents shall administer the Program.
3. In administering the Program, the Board of Regents shall adopt regulations governing:
(a) The procedures and standards for determining the eligibility of a student for a Nevada Promise Scholarship pursuant to NRS 396.9665.
(b) An application process administered through the community colleges which allows a student to participate in the Program.
(c) Deadlines for a student to satisfy the requirements for eligibility in the Program.
(d) A training program administered through the community colleges which allows a student to satisfy the requirements of paragraph (f) of subsection 1 of NRS 396.9665.
(e) A mentoring program administered through the community colleges which allows a student to satisfy the requirements of paragraph (g) of subsection 1 of NRS 396.9665.
(f) The criteria for completing the community service requirements of paragraph (h) of subsection 1 of NRS 396.9665.
(g) Procedures which allow a student to appeal any adverse decision concerning his or her eligibility to receive [or renew] a Nevada Promise Scholarship . [under the provisions of NRS 396.9665 or 396.967 or request a waiver, for good cause, of the requirements of paragraph (c) of subsection 2 of NRS 396.967 concerning continuous enrollment. If the participating community college has established a process by which a student may appeal other decisions, the participating community college must use the same process for appealing an adverse decision described in this subsection.
3. A participating]
(h) Procedures for a community college [may] to accept gifts, grants and donations from any source for the purposes of [administering] carrying out its duties under the [Nevada Promise Scholarship program established by NRS 396.961 to 396.9685, inclusive.] Program as prescribed by the Board of Regents.
(i) Procedures and standards for determining the eligibility of a student for financial aid if the student is prohibited by law from completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.
4. The Board of Regents may adopt regulations authorizing a community college to enter into an agreement with one or more nonprofit organizations or governmental entities to conduct any activities required by the Board of Regents for a training program which allows a student to satisfy the requirements of paragraph (f) of subsection 1 of NRS 396.9665 and a mentoring program which allows a student to satisfy the requirements of paragraph (g) of subsection 1 of NRS 396.9665.
5. The Board of Regents may adopt any other regulations necessary to carry out the Program.
κ2019 Statutes of Nevada, Page 1213 (CHAPTER 218, SB 350)κ
Sec. 10. NRS 396.9665 is hereby amended to read as follows:
396.9665 [A student is]
1. To be eligible to receive a Nevada Promise Scholarship [for the first school year in which the student is enrolled at a participating community college if the] , a student [:
1. Is] must:
(a) Be a bona fide resident of this State, as construed in NRS 396.540 . [, is less than 20 years of age and has]
(b) Have not previously been awarded an associates degree or bachelors degree.
[2. Has]
(c) Have obtained [:
(a) A] a high school diploma awarded by a public or private high school located in this State or public high school that is located in a county that borders this State and accepts pupils who are residents of this State [;] or
[(b) A general] have successfully completed the high school equivalency [diploma or equivalent document.
3. Is not in default on any federal student loan and does not owe a refund to any federal program to provide aid to students.
4. Before November 1 immediately preceding the school year for which the student wishes to receive a] assessment selected by the State Board pursuant to NRS 390.055 before 20 years of age.
(d) Complete the application for the Nevada Promise Scholarship [, submits an application in the form prescribed by the participating community college.
5. On or before April 1 immediately preceding the school year for which the student wishes to receive a Nevada Promise Scholarship, completes] Program in accordance with the regulations prescribed by the Board of Regents.
(e) Complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 [.
6. Receives an Expected Family Contribution from the United States Department of Education.
7. Attends at least] or, if the student is prohibited by law from completing the Free Application for Federal Student Aid, an alternative determination for financial aid prescribed by the Board of Regents for each academic year of participation in the Program on or before the deadline prescribed by the Board of Regents.
(f) Before enrolling in a community college, participate in one training meeting [held by a participating community college or local partnering organization pursuant to subsection 2 of NRS 396.9655 and at least one such meeting held pursuant to subsection 3 of that section, or arranges to receive the training provided in those meetings at an alternate time pursuant to subsection 4 of that section.
8. Before May 1 immediately preceding the school year for which the student wishes to receive a Nevada Promise Scholarship:
(a) Has] related to financial aid, the Free Application for Federal Student Aid and college orientation, as prescribed by the Board of Regents by regulation.
κ2019 Statutes of Nevada, Page 1214 (CHAPTER 218, SB 350)κ
(g) Have met at least once with [the] a mentor assigned to the student through the mentoring program established by the Board of Regents pursuant to NRS [396.9655.
(b) Completes] 396.965 before the first semester of enrollment at a community college and at least twice for each academic year while participating in the Program.
(h) Complete at least [20] 8 hours of community service [that meets the requirements of NRS 396.9675 and submits to the participating] during the last year of high school and before the first semester of enrollment at a community college [verification of the completion of that] and at least 8 hours of community service [. The verification must include:
(1) A description of the community] each semester thereafter, not including summer academic terms, while participating in the Program. Community service performed [;
(2) The dates on which the service was performed and the number of hours of] to satisfy the requirements of this paragraph must not include religious proselytizing or service [performed on each date;
(3) The name of the organization for which the service was performed; and
(4) The name of a person employed by the organization whom the participating community college may contact to verify the information contained in the verification.
(c) Submits] for which the student receives any type of compensation or which directly benefits a member of the family of the student.
(i) Submit all information deemed necessary by the [participating community college] Board of Regents to determine the [applicants] students eligibility for gift aid.
[9. Is]
(j) Except as otherwise provided in subsection 2, be enrolled in [or plans to enroll in] at least 12 semester credit hours in [an associates degree] a program [, a bachelors] of study leading to a recognized degree [program] or [a] certificate [of achievement program] at a [participating] community college for [each] the fall semester of the [school] academic year immediately following the school year in which the student was awarded a high school diploma or [a general] have successfully completed the high school equivalency [diploma or equivalent document.] assessment selected by the State Board pursuant to NRS 390.055.
(k) Except as otherwise provided in subsection 2 and this paragraph, be enrolled in at least 12 semester credit hours in a program of study leading to a recognized degree or certificate at a community college for each fall semester and spring semester beginning with the first semester for which the student received a Nevada Promise Scholarship, not including summer academic terms. A student who is on schedule to graduate at:
(1) The end of a semester may enroll in the number of semester credit hours required to graduate.
(2) The end of a fall semester is not required to enroll in credit hours for the spring semester.
(l) Meet satisfactory academic progress, as defined by federal requirements established pursuant to Title IV of the Higher Education Act of 1965, 20 U.S.C. §§ 1001 et seq., and determined by the community college in which the student is enrolled.
κ2019 Statutes of Nevada, Page 1215 (CHAPTER 218, SB 350)κ
2. The Board of Regents shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
(a) The limitation on eligibility for a Nevada Promise Scholarship set forth in paragraph (b) of subsection 3; and
(b) The minimum number of credits prescribed in paragraphs (j) and (k) of subsection 1.
3. A student who meets the requirements of subsection 1 is eligible for a Nevada Promise Scholarship from the Program until the occurrence of the first of the following events:
(a) The student is awarded an associates degree or bachelors degree; or
(b) Except as otherwise provided in subsection 2, the student receives a Nevada Promise Scholarship from the Program for 2 academic years, not including the initial academic year.
Sec. 11. NRS 396.968 is hereby amended to read as follows:
396.968 1. [Each participating community college] The Board of Regents shall award Nevada Promise Scholarships in accordance with this section to students who are enrolled at [the participating] a community college and are eligible to receive [or renew] such scholarships under the provisions of NRS 396.9665 . [and 396.967.]
2. [On or before July 1 of each year, a participating community college] For each eligible student, the Board of Regents shall:
(a) [Review all timely applications received pursuant to NRS 396.9665 and 396.967 to determine the eligibility of each applicant for] Calculate the maximum amount of a Nevada Promise Scholarship [and for gift aid;] which the student is eligible to receive based on criteria established by regulation pursuant to this section.
(b) [Review information submitted by each eligible applicant to determine the amount of] Determine the actual amount of the Nevada Promise Scholarship, if any, which will be awarded to the student, which must not exceed the maximum amount calculated pursuant to paragraph (a), but which may be in a lesser amount if the Board of Regents receives notice from the State Treasurer pursuant to subsection 3 that the money available in the Nevada Promise Scholarship [the student would receive under the provisions of subsection 6 and notify each applicant whether the applicant is] Account for any semester is insufficient to award to all eligible [to receive] students the maximum amount of a Nevada Promise Scholarship [for the immediately following school year; and] which each student is eligible to receive.
(c) [After reviewing applications pursuant to paragraph (a), submit to the State Treasurer the number of students whose applications have been approved and the amount of money that will be required to fund a scholarship for each eligible student pursuant to subsection 6 if no student receives additional gift aid.] If the student is to receive a Nevada Promise Scholarship, award the student a Nevada Promise Scholarship in the amount determined pursuant to paragraph (b). The Board of Regents shall disburse the amount of the Nevada Promise Scholarship awarded to the student, on behalf of the student, directly to the community college in which the student is enrolled.
κ2019 Statutes of Nevada, Page 1216 (CHAPTER 218, SB 350)κ
awarded to the student, on behalf of the student, directly to the community college in which the student is enrolled.
3. [On the date prescribed by regulation of the State Treasurer, a participating community college] The Board of Regents shall submit a request for a disbursement from the Nevada Promise Scholarship Account created by NRS 396.9645 [in] for the maximum amount [prescribed by subsection 6] of money that will be required to fund a scholarship for each eligible student.
[4. A participating community college shall use the money disbursed pursuant to subsection 5 to pay the difference between the amount of the registration fee and other mandatory fees charged to the student by the participating community college for the school year, excluding any amount of those fees that is waived by the participating community college, and the total amount of any other gift aid received by the student for the school year. The community college shall not refund to a student any money disbursed to the participating community college pursuant to subsection 5.
5.] Within the limits of money available in the Nevada Promise Scholarship Account, the State Treasurer shall disburse [to a participating community college] the amount requested [pursuant to subsection 3.] to the Board of Regents for disbursement to each community college. If there is insufficient money in the Account to disburse that amount to each [participating] community college [:
(a) The] , the State Treasurer shall [determine whether there is sufficient money in the Account to disburse the amount requested for all students who applied to renew a Nevada Promise Scholarship and disburse the available money in the Account to each participating community college in the following manner:
(1) If there is insufficient money in the Account to disburse the amount requested for all students who applied to renew a Nevada Promise Scholarship, the State Treasurer shall not disburse any amount requested for first-time recipients of a Nevada Promise Scholarship and shall disburse money to each participating community college to fund a scholarship for each student who applied to renew a Nevada Promise Scholarship, in the order in which applications were received by the participating community college, until the money in the Account is exhausted; and
(2) If there is sufficient money in the Account to disburse the amount requested for all students who applied to renew a Nevada Promise Scholarship, the State Treasurer shall first disburse the money requested by each participating community college for all students who applied to renew a Nevada Promise Scholarship and then disburse money to each participating community college to fund a scholarship for each student who applied for the first time to receive a Nevada Promise Scholarship, in the order in which applications were received by the participating community college, until the money in the Account is exhausted.
(b) The State Treasurer shall] provide notice that insufficient money remains in the Nevada Promise Scholarship Account to [:
(1) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education, the Legislative Commission and next regular session of the Legislature; and
(2) The board of trustees of each school district and the governing body of each charter school in this State. Upon receiving such notice, the board of trustees or governing body, as applicable, shall notify each pupil who is enrolled in a school in the district or the charter school and is on schedule to receive a standard high school diploma at the end of the current school year.
κ2019 Statutes of Nevada, Page 1217 (CHAPTER 218, SB 350)κ
who is enrolled in a school in the district or the charter school and is on schedule to receive a standard high school diploma at the end of the current school year.
(c) A participating community college shall] the Board of Regents. The State Treasurer shall include in the notice the amount of money available for the award of Nevada Promise Scholarships [in accordance with the provisions of paragraph (a) in a manner that gives priority first to students applying for renewal of a Nevada Promise Scholarship and then to applications received by the participating community college pursuant to NRS 396.9665, in the order in which they were received.
6. Within the limits of money available in the] for the academic year and request that a new request be submitted.
4. The Board of Regents shall adopt regulations prescribing:
(a) The criteria for determining the maximum amount of a Nevada Promise Scholarship [Account, the amount of money awarded to a scholarship recipient pursuant to this section must be] for an eligible student which is equal to the difference between the amount of the registration fee and other mandatory fees charged to the student by the [participating] community college in which the student is enrolled for the [school] academic year, excluding any amount of those fees that is waived by the [participating] community college [,] in which the student is enrolled, and the total amount of any other gift aid received by the student for the [school] academic year.
(b) The procedures for submitting a request for disbursement from the Nevada Promise Scholarship Account.
(c) The procedures and standards for determining the actual amount of the Nevada Promise Scholarship which will be awarded to each student upon receiving notice that there is insufficient money to award all eligible students the maximum amount of the scholarship which each student is eligible to receive. Such procedures and standards:
(1) Must prohibit the Board of Regents from awarding any money to a student who is prohibited by law from completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 unless all students who have completed the Free Application for Federal Student Aid have been awarded the maximum amount calculated pursuant to paragraph (a) of subsection 2; and
(2) May include, without limitation, administration of the program on a first-come, first-served basis for all students who have completed the Free Application for Federal Student Aid and are otherwise eligible to participate in the Program.
(d) Procedures to ensure that all money from a Nevada Promise Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Nevada Promise Scholarship Account and not the student.
Sec. 12. NRS 396.9685 is hereby amended to read as follows:
396.9685 1. On or before August 1 of each year, the Board of Regents shall:
(a) Review all Nevada Promise Scholarships awarded for the immediately preceding [school] academic year;
(b) Compile a report for the immediately preceding [school] academic year, which must include the number of students who applied for a scholarship, the number of students who received a scholarship , [recipients,] the total cost associated with the award of Nevada Promise Scholarships, the total number of hours of community service performed pursuant to NRS 396.9665 , [and 396.967,] the [overall] graduation rate of students who received a scholarship [recipients, the graduation rate of scholarship recipients enrolled at each participating community college,] and the [overall] scholarship retention rate ; [and the scholarship retention rate for students at each participating community college;] and
κ2019 Statutes of Nevada, Page 1218 (CHAPTER 218, SB 350)κ
[recipients,] the total cost associated with the award of Nevada Promise Scholarships, the total number of hours of community service performed pursuant to NRS 396.9665 , [and 396.967,] the [overall] graduation rate of students who received a scholarship [recipients, the graduation rate of scholarship recipients enrolled at each participating community college,] and the [overall] scholarship retention rate ; [and the scholarship retention rate for students at each participating community college;] and
(c) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the next regular session of the Legislature; and
(2) In odd-numbered years, the Legislative Committee on Education.
2. [A participating community college shall maintain a record for each scholarship recipient for at least 3 years after the end of the final school year for which he or she receives a scholarship. Such a record must include:
(a) The name of the scholarship recipient;
(b) The total amount of money awarded to the scholarship recipient and the amount of money awarded to the scholarship recipient each school year;
(c) The courses in which the scholarship recipient enrolled and the courses completed by the scholarship recipient;
(d) The grades received by the scholarship recipient;
(e) Whether the scholarship recipient is currently enrolled in the participating community college and, if not, whether he or she earned an associates degree, a bachelors degree or a certificate of achievement; and
(f) The records of community service submitted by the scholarship recipient pursuant to NRS 396.9665 and 396.967.
3. Except as otherwise provided in this section, the Board of Regents and the State Treasurer may at any time audit the practices used by a participating community college or local partnering organization to carry out the provisions of NRS 396.961 to 396.9685, inclusive. The Board of Regents and State Treasurer shall not conduct an audit less than 6 months after the most recently conducted audit.
4. A participating community college shall provide the Board of Regents and the State Treasurer with access to the records maintained pursuant to subsection 2 for the purposes of an annual report compiled pursuant to subsection 1 or an audit conducted pursuant to subsection 3. Those records are otherwise confidential and are not public records.
5.] As used in this section, scholarship retention rate means the percentage of students who received a scholarship [recipients] for the [school] academic year immediately preceding the [school] academic year to which a report compiled pursuant to subsection 1 pertains who did not graduate by the end of that [school] academic year and who also received a Nevada Promise Scholarship for the [school] academic year to which the report pertains.
Sec. 13. The amendatory provisions of paragraph (h) of subsection 1 of NRS 396.9665, as amended by section 10 of this act, apply to any student who obtained a high school diploma or successfully completed the high school equivalency assessment selected by the State Board of Education pursuant to NRS 390.055 on or after June 1, 2018.
Sec. 14. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
κ2019 Statutes of Nevada, Page 1219 (CHAPTER 218, SB 350)κ
Sec. 15. NRS 396.962, 396.963, 396.9635, 396.964, 396.9655, 396.966, 396.967 and 396.9675 are hereby repealed.
Sec. 16. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2019, for all other purposes.
________
Senate Bill No. 367Senator Scheible
CHAPTER 219
[Approved: May 29, 2019]
AN ACT relating to affordable housing; authorizing a tenant of housing acquired, constructed or rehabilitated with any money from the Account for Low-Income Housing to keep a pet within the tenants residence; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Account for Low-Income Housing in the State General Fund and prescribes the distribution and use of the money in the Account for the acquisition, construction and rehabilitation of housing for persons eligible for housing assistance. (NRS 319.500, 319.510, 319.520) This bill authorizes a tenant of housing acquired, constructed or rehabilitated with any money from the Account to keep one or more pets within the residence of the tenant in accordance with applicable laws and ordinances. This bill also provides that a tenant who keeps a pet is subject to policies relating to keeping a pet within a residence, including compliance with noise and sanitation standards, registration of the pet with the owner of the residence, restraint of the pet in common areas, timely removal of pet excrement and vaccination requirements. The provisions of this bill do not apply to service animals or service animals in training.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A tenant of housing acquired, constructed or rehabilitated with any money from the Account for Low-Income Housing created by NRS 319.500 must be allowed to keep one or more pets within the residence of a tenant in accordance with any applicable laws and ordinances.
2. The provisions of subsection 1 do not prohibit the enforcement of policies relating to keeping a pet within a residence, including, without limitation:
(a) Compliance with noise and sanitation standards;
(b) Registration of the pet with the owner of the residential housing;
(c) Restraint of the pet in common areas of the residential housing;
(d) Timely removal of pet excrement;
(e) Vaccination requirements; and
κ2019 Statutes of Nevada, Page 1220 (CHAPTER 219, SB 367)κ
(f) Enforcement of violations of the policy.
3. The provisions of this section do not apply to service animals or service animals in training.
4. As used in this section:
(a) Pet means any domesticated bird, cat, dog or aquatic animal or other animal kept for pleasure and not commercial use.
(b) Service animal has the meaning ascribed to it in NRS 426.097.
(c) Service animal in training has the meaning ascribed to it in NRS 426.099.
Sec. 2. The provisions of this act apply to any rental agreement entered into before, on or after January 1, 2020, for housing that is acquired, constructed or rehabilitated with money from the Account for Low-Income Housing created by NRS 319.500.
Sec. 3. This act becomes effective on January 1, 2020.
________
Senate Bill No. 385Senators Parks, Spearman; Brooks, Hardy, D. Harris and Ohrenschall
CHAPTER 220
[Approved: May 29, 2019]
AN ACT relating to insurance; providing for the regulation of persons who offer, sell, solicit or negotiate coverage of personal property storage insurance; providing for the issuance and renewal of licenses for such persons; providing for a producer of insurance to hold a line of authority for personal property storage insurance as a limited line; authorizing certain fees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Commissioner of Insurance to regulate insurance in this State. (NRS 679B.120) Existing law authorizes the Commissioner to license producers of insurance to solicit, negotiate and sell insurance in this State. (NRS 683A.261) Under existing law, a person is not authorized to engage in the business of transacting insurance unless the person is issued a license by the Commissioner. (NRS 683A.201) Sections 2-23 of this bill provide for the regulation of and issuance of licenses to persons who offer, sell, solicit or negotiate coverage under a new limited line of insurance, personal property storage insurance, which provides coverage for any loss or theft of personal property stored in a storage space at a facility or while the property is in transit to or from the facility during the time period covered by the occupants rental agreement in accordance with the terms of the policy. Sections 3-11 of this bill define certain words and terms used in this bill. Section 12 of this bill authorizes the Commissioner to issue a license to an owner of a facility to offer, sell, solicit or negotiate coverage under a policy of personal property storage insurance. Section 13 of this bill exempts such facility owners from certain requirements in existing law concerning education and a written examination to become licensed. Section 14 of this bill authorizes such a licensee to offer, sell, solicit or negotiate personal property storage insurance. Section 15 of this bill requires such licensees to make certain disclosures in writing to prospective purchasers of personal property storage insurance. Section 16 of this bill allows insurance coverage that is required as a condition of a rental agreement to be met by the occupant purchasing such coverage from the licensee or presenting evidence of other applicable insurance coverage.
κ2019 Statutes of Nevada, Page 1221 (CHAPTER 220, SB 385)κ
the occupant purchasing such coverage from the licensee or presenting evidence of other applicable insurance coverage. Section 17 of this bill provides that a licensee is a fiduciary with respect to the money received for the purchase of personal property storage insurance. Section 18 of this bill provides that a licensee may authorize an employee or other authorized representative of the licensee to act individually on behalf or under the supervision of the licensee with respect to personal property storage insurance. Section 19 of this bill requires a licensee to provide basic instruction to such employees and authorized representatives about personal property storage insurance and the requirements of sections 2-23. Such training may be provided by the supervising entity of the licensee. Section 20 of this bill requires the Commissioner to prescribe forms and adopt regulations necessary to carry out the provisions of sections 2-23. Section 20 also authorizes the Commissioner to establish fees for licensees. Section 21 of this bill prohibits a licensee from advertising, representing or otherwise holding itself or any of its employees out as a licensed insurer, insurance agent or insurance broker. Section 23 of this bill makes a supervising entity responsible for the acts of each licensee and the supervising entity is required to use every reasonable means to ensure compliance with the provisions of sections 2-23 and any regulations adopted pursuant thereto. Section 26 of this bill adds personal property storage insurance to the list of lines of insurance for which a producer of insurance may be licensed.
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 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Facility has the meaning ascribed to it in NRS 108.4733.
Sec. 4. (Deleted by amendment.)
Sec. 5. Occupant has the meaning ascribed to it in NRS 108.4735.
Sec. 6. Owner has the meaning ascribed to it in NRS 108.474.
Sec. 7. Personal property has the meaning ascribed to it in NRS 108.4743.
Sec. 8. Personal property storage insurance means insurance coverage described in paragraphs (a) and (b) of subsection 1 of section 14 of this act.
Sec. 9. Rental agreement has the meaning ascribed to it in NRS 108.4745.
Sec. 10. Storage space has the meaning ascribed to it in NRS 108.4746.
Sec. 11. Supervising entity means a business or entity that is an authorized insurer or producer of property and casualty insurance.
Sec. 12. 1. The Commissioner may issue to an owner who is in compliance with the requirements of sections 2 to 23, inclusive, of this act, and any regulations adopted pursuant thereto, a license to offer, sell, solicit or negotiate personal property storage insurance pursuant to sections 2 to 23, inclusive, of this act to occupants who have entered into a rental agreement with the owner.
κ2019 Statutes of Nevada, Page 1222 (CHAPTER 220, SB 385)κ
2. Notwithstanding the provisions of section 13 of this act, a license for personal property storage insurance may be issued and renewed pursuant to NRS 683A.261.
3. A license issued pursuant to this section covers all facilities at which the owner conducts business. The Commissioner may renew the license if the licensee remains in compliance with the requirements of sections 2 to 23, inclusive, of this act, and any regulations adopted pursuant thereto.
4. An owner is not required to be licensed under this chapter solely to display and make available marketing and promotional materials created by an authorized insurer offering a product pursuant to sections 2 to 23, inclusive, of this act.
Sec. 13. An applicant for, or holder of, a license issued pursuant to section 12 of this act is not required to pass a written examination or meet any prelicensing education or continuing education requirements to receive or renew the license.
Sec. 14. 1. A licensee may offer, sell, solicit or negotiate personal property storage insurance only in connection with a rental agreement only as individual coverage for an individual occupant or group coverage for one or more occupants of the facility. A licensee is only authorized to provide to such occupants personal property storage insurance coverage for the following:
(a) The loss of or damage to personal property stored in a storage space at the facility where the loss or damage occurs or while the personal property is in transit to or from the facility during the time period covered by the rental agreement of the occupant.
(b) Other loss directly related to the rental agreement of the occupant.
2. Notwithstanding the provisions of any law to the contrary, the rates for any personal property storage insurance sold by a licensee to one or more occupants of the facility of the licensee must be filed with the Commissioner pursuant to chapter 686B of NRS.
Sec. 15. A licensee shall not offer, sell, solicit or negotiate personal property storage insurance unless the licensee makes readily available to the occupant or prospective occupant written or electronic materials that contain:
1. The actual terms of the insurance coverage, or a summary of the terms of the insurance coverage, including, without limitation, the identity of the supervising entity.
2. A conspicuous disclosure that the insurance may provide a duplication of coverage already provided by an existing policy of insurance.
3. A description of the process for filing a claim in the event the occupant elects to purchase coverage and experiences a covered loss.
4. Information regarding the price, deductible, benefits, exclusions, conditions and any other limitations of the insurance.
5. A statement that the purchase by the occupant of personal property storage insurance from the licensee is not required to rent storage space.
6. A statement that the licensee is not authorized to evaluate the adequacy of any existing insurance coverage of the occupant, unless the licensee is otherwise licensed to perform such an evaluation.
κ2019 Statutes of Nevada, Page 1223 (CHAPTER 220, SB 385)κ
7. A statement that the occupant may cancel the insurance at any time, and any unearned premium must be refunded in accordance with applicable law.
Sec. 16. If insurance covering the losses described in paragraphs (a) and (b) of subsection 1 of section 14 of this act is required as a condition of a rental agreement, that requirement may be satisfied by an occupant or a prospective occupant:
1. Purchasing personal property storage insurance from the licensee; or
2. Presenting to the owner of the facility evidence of other applicable insurance coverage.
Sec. 17. 1. If a customer purchases personal property storage insurance from the licensee, the licensee may bill and collect the charges for the personal property storage insurance.
2. A licensee which bills and collects charges for personal property storage insurance coverage on behalf of an insurer is not required to maintain such money in a segregated account if the licensee:
(a) Is authorized by the insurer to hold such money in an alternative manner; and
(b) Remits such amounts to the supervising entity within 60 days after receipt.
3. A licensee may receive compensation from a supervising entity for sales, billing and collection services. Such compensation may be dependent on the sale of the types of coverage described in sections 2 to 23, inclusive, of this act.
Κ All money collected by a licensee from an enrolled customer for the sale of personal property storage insurance shall be deemed to be held in trust by the licensee in a fiduciary capacity for the benefit of the insurer, and the insurer shall be deemed to have received the premium from the enrolled customer upon payment of the premium by the enrolled customer to the licensee.
Sec. 18. A licensee may authorize an employee or other authorized representative of the licensee to act individually on behalf of or under the supervision of the licensee who offers or disseminates information with respect to personal property storage insurance specified in sections 14 to 23, inclusive, of this act.
Sec. 19. Each licensee shall provide a training program, which may be provided by a supervising entity, in which employees and authorized representatives of the licensee shall receive basic instruction about the requirements of sections 2 to 23, inclusive, of this act, and the coverage to be offered for purchase by occupants or prospective occupants.
Sec. 20. 1. The Commissioner shall:
(a) Prescribe the forms for an owner to apply initially for a license and to renew a license; and
(b) Adopt such regulations as are necessary to carry out the provisions of sections 2 to 23, inclusive, of this act.
2. The Commissioner may establish by regulation:
(a) An initial application fee to be paid by an applicant for the initial issuance of a license; and
(b) A renewal fee to be paid by a licensee for the renewal of the license.
Sec. 21. A licensee shall not advertise, represent or otherwise hold itself or any of its employees out as a licensed insurer.
κ2019 Statutes of Nevada, Page 1224 (CHAPTER 220, SB 385)κ
Sec. 22. (Deleted by amendment.)
Sec. 23. The supervising entity designated by the insurer is responsible for the acts of each licensee and shall use every reasonable means to ensure compliance by the licensee, or employee or authorized representative of the licensee, with the provisions of sections 14 to 23, inclusive, of this act, and any regulations adopted pursuant thereto.
Secs. 24 and 25. (Deleted by amendment.)
Sec. 26. NRS 683A.261 is hereby amended to read as follows:
683A.261 1. Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:
(a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability income.
(b) Accident and health insurance for sickness, bodily injury or accidental death, which may include benefits for disability income.
(c) Property insurance for direct or consequential loss or damage to property of every kind.
(d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property. For the purposes of a producer of insurance, this line of insurance includes surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.
(e) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.
(f) Credit insurance, including credit life, credit accident and health, credit property, credit involuntary unemployment, guaranteed asset protection, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.
(g) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.
(h) Fixed annuities, including, without limitation, indexed annuities, as a limited line.
(i) Travel insurance, as defined in NRS 683A.197, as a limited line.
(j) Rental car agency as a limited line.
(k) Portable electronics as a limited line.
(l) Crop as a limited line.
(m) Personal property storage insurance, as defined in section 8 of this act, as a limited line.
2. A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, all applicable fees for renewal are paid for each license and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal.
κ2019 Statutes of Nevada, Page 1225 (CHAPTER 220, SB 385)κ
subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his or her license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.
3. A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.
4. A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.
5. A license must state the licensees name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. The license must be made available for public inspection upon request.
6. A licensee shall inform the Commissioner of each change of business, residence or electronic mail address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes his or her business, residence or electronic mail address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, the Commissioner may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his or her last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.
Secs. 27-29. (Deleted by amendment.)
Sec. 30. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are required to carry out the provisions of this act; and
2. On July1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 1226κ
Senate Bill No. 394Senator Denis
CHAPTER 221
[Approved: May 29, 2019]
AN ACT relating to rules of the road; requiring the Department of Motor Vehicles to prepare and disseminate information to the public regarding new and amended traffic laws and certain other relevant information; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to administer and perform the functions and duties provided in certain chapters of NRS, including those chapters regarding drivers licenses, traffic laws generally and rules of the road. (NRS 481.023) Section 1 of this bill requires the Department, after each regular session of the Nevada Legislature, to compile a list of any new traffic laws, amendments to existing traffic laws and any other new or amended laws relevant to operating a motor vehicle upon the highways of this State and disseminate information derived from that list in a manner designed to educate the public about such new laws and changes in existing law. The information must be provided on the Internet website of the Department and may be provided with certain other information sent out by the Department to residents of this State. Section 1 also authorizes the Department to consult with the Office of Traffic Safety of the Department of Public Safety in carrying out these requirements.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department of Motor Vehicles, after each regular session of the Nevada Legislature, shall:
(a) Compile a list of new traffic laws, changes to existing traffic laws and other new or amended provisions of this title relevant to the operation of a motor vehicle upon the highways of this State made during the immediately preceding legislative session;
(b) Post information on the Internet website of the Department in a manner designed to inform and educate the public about the new and changed traffic laws and other provisions on the list compiled pursuant to paragraph (a); and
(c) Disseminate such information in any other manner deemed appropriate by the Department, including without limitation, by including such information in any:
(1) Information provided to a person applying for the initial issuance of a drivers license or instruction permit, including any information provided for the purposes of preparing for an examination required pursuant to NRS 483.330; and
(2) Notices of renewal or other similar information mailed or sent via electronic communication to drivers licensed in this State or to owners of motor vehicles registered in this State.
κ2019 Statutes of Nevada, Page 1227 (CHAPTER 221, SB 394)κ
2. The Department may consult with the Office of Traffic Safety of the Department of Public Safety in carrying out the requirements of this section.
Sec. 2. This act becomes effective on July 1, 2019.
________
Senate Bill No. 395Senator Denis
CHAPTER 222
[Approved: May 29, 2019]
AN ACT relating to public safety; authorizing the Director of the Department of Public Safety to designate certain vehicles of the Department as authorized emergency vehicles; authorizing a tow car and certain other vehicles owned by contractors of the Department of Transportation to display nonflashing blue lights in certain circumstances; removing certain provisions regarding notification of nonconsensual tows in certain circumstances; authorizing certain agreements and payments between property owners and tow car operators in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law designates certain vehicles as authorized emergency vehicles, including those vehicles publicly owned and operated in the performance of the duty of various law enforcement agencies, fire departments and other enforcement or lifesaving agencies. (NRS 484A.480) Section 1 of this bill adds to the list of authorized emergency vehicles any vehicle owned and operated by the Department of Public Safety that has been so designated by the Director of the Department.
Under existing law, a tow car used to tow disabled vehicles is required to be equipped with flashing amber warning lights which must be displayed to warn approaching drivers under certain circumstances. (NRS 484D.475) The driver of a vehicle approaching any traffic incident where such flashing amber warning lights are being displayed must take certain precautions for the purposes of traffic safety. (NRS 484B.607) Section 3 of this bill authorizes a tow car to also be equipped with rear facing lamps that emit nonflashing blue light. Such lamps may only be displayed at the scene of a traffic incident or when the tow car is otherwise preparing to tow a disabled vehicle. Section 2 of this bill requires that any such lamps must comply with standards approved by the Department of Motor Vehicles. (NRS 484B.748) Section 2.5 of this bill similarly authorizes certain vehicles owned by persons who contract with the Department of Transportation to aid motorists or mitigate traffic incidents to be equipped with rear facing lamps that emit nonflashing blue light. Section 1.5 of this bill adds the display of nonflashing blue lights to the circumstances under which a driver approaching a traffic incident must take certain precautions.
Existing law requires the owner or person in lawful possession of any real property to orally notify local law enforcement if the owner or person in lawful possession has directed the towing of a vehicle from the property without the consent of the owner of the vehicle. (NRS 487.038) Section 4 of this bill provides that such notification is only required if the tow operator has not already made such a notification. Existing law also provides that the costs of towing and storage of such a vehicle must be borne by the owner of the vehicle. Section 4 provides that such costs include, if applicable, the disposition of the vehicle. Section 4 further provides that, if the tow operator and the owner or person in lawful possession of the property agree that the vehicle is likely to be ultimately disposed of as an abandoned vehicle and that the estimated disposition value of the vehicle to be towed is less than the estimated cost for towing, storage and disposition of the vehicle, the tow operator and owner or person in lawful possession may enter into an agreement whereby the owner or person in lawful possession makes a voluntary payment to the tow operator.
κ2019 Statutes of Nevada, Page 1228 (CHAPTER 222, SB 395)κ
that the vehicle is likely to be ultimately disposed of as an abandoned vehicle and that the estimated disposition value of the vehicle to be towed is less than the estimated cost for towing, storage and disposition of the vehicle, the tow operator and owner or person in lawful possession may enter into an agreement whereby the owner or person in lawful possession makes a voluntary payment to the tow operator. Such a payment does not reduce the amount of the costs incurred that are to be borne by the owner of the vehicle, and may not be a condition for the towing of the vehicle.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484A.480 is hereby amended to read as follows:
484A.480 1. Except as otherwise provided in NRS 484A.490, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Department of Public Safety, for vehicles that are:
(1) Operated in the performance of the duty of the Capitol Police Division, the Investigation Division, the Nevada Highway Patrol Division, the State Fire Marshal Division, the Training Division and the Office of the Director of the Department of Public Safety [.] ; or
(2) Designated an authorized emergency vehicle by the Director of the Department of Public Safety.
(d) The Division of Forestry of the State Department of Conservation and Natural Resources in responding to a fire.
(e) The Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel in the Department of Motor Vehicles.
(f) A public ambulance agency.
(g) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the State, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484A.490, from the Department of Public Safety;
(b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada Highway Patrol or in the pursuit of actual or suspected violators of the law; and
(c) The State, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in chapters 484A to 484E, inclusive, of NRS, which lamp and siren must be in compliance with standards approved by the Department of Public Safety. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
κ2019 Statutes of Nevada, Page 1229 (CHAPTER 222, SB 395)κ
4. An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam headlamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, upper-beam headlamp means a headlamp or that part of a headlamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484D.210.
5. Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the headlamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the headlamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. § 571.108.
6. A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
7. A person shall not operate a vehicle with any lamp or device displaying a blue light, except a motorcycle pursuant to NRS 486.261 or an authorized emergency vehicle.
Sec. 1.5. NRS 484B.607 is hereby amended to read as follows:
484B.607 1. Upon approaching any traffic incident, the driver of the approaching vehicle shall, in the absence of other direction given by a law enforcement officer:
(a) Decrease the speed of the vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;
(b) Proceed with caution;
(c) Be prepared to stop; and
(d) If possible, drive in a lane that is not adjacent to the lane or lanes where the traffic incident is located unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. As used in this section, traffic incident means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard. The term includes, without limitation:
(a) An authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480;
(b) A tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748 [;] or lamps that emit nonflashing blue light meeting the requirements of NRS 484D.475, or both;
κ2019 Statutes of Nevada, Page 1230 (CHAPTER 222, SB 395)κ
(c) An authorized vehicle used by the Department of Transportation which is stopped or moving at a speed slower than the normal flow of traffic and which is making use of flashing amber warning lights meeting the requirements of subsection 1 of NRS 484D.185 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200;
(d) A vehicle, owned or operated by a person who contracts with the Department of Transportation to provide aid to motorists or to mitigate traffic incidents, which is stopped or moving at a speed slower than the normal flow of traffic and making use of lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200;
(e) A public utility vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.195;
[(e)] (f) An authorized vehicle of a local governmental agency which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
[(f)] (g) Any vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
[(g)] (h) A crash scene;
[(h)] (i) A stalled vehicle;
[(i)] (j) Debris on the roadway; or
[(j)] (k) A person who is out of his or her vehicle attending to a repair of the vehicle.
Sec. 2. NRS 484B.748 is hereby amended to read as follows:
484B.748 1. A tow car which is equipped with flashing amber warning lights pursuant to NRS 484D.185 may display flashing amber warning lights to the front, sides or rear of the tow car when at the scene of a traffic hazard.
2. A tow car which is equipped with lamps that emit nonflashing blue light pursuant to NRS 484D.475 may display nonflashing blue light to the rear of the tow car when at the scene of a traffic hazard.
3. Any flashing amber warning light or lamps that emit nonflashing blue light used pursuant to this section must comply with the standards approved by the Department.
Sec. 2.5. NRS 484D.200 is hereby amended to read as follows:
484D.200 1. An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways or a vehicle owned by a person who contracts with the Department to aid motorists or mitigate traffic incidents may be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light which may be used:
[1.] (a) For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair; [and
2.] (b) For [all] other authorized vehicles of the Department of Transportation used in the construction, maintenance or repair of highways:
[(a)] (1) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and
κ2019 Statutes of Nevada, Page 1231 (CHAPTER 222, SB 395)κ
[(b)] (2) At a time when the workers who are performing the construction, maintenance or repair of the highway are present [.] ; and
(c) For a vehicle owned by a person who contracts with the Department to aid motorists or mitigate traffic incidents, at a time when the vehicles or the workers who are performing the aid or mitigation are present.
2. As used in this section, traffic incident has the meaning ascribed to it in NRS 484B.607.
Sec. 3. NRS 484D.475 is hereby amended to read as follows:
484D.475 1. Tow cars used to tow disabled vehicles must be equipped with:
[1.] (a) Flashing amber warning lamps which must be displayed as may be advisable to warn approaching drivers during the period of preparation at the location from which a disabled vehicle is to be towed. A flashing amber warning lamp upon a tow car may be displayed to the rear when the tow car is towing a vehicle and moving at a speed slower than the normal flow of traffic.
[2.] (b) At least two red flares, two red lanterns or two warning lights or reflectors which may be used in conjunction with the flashing amber warning lamps or lamps that emit nonflashing blue light, or both, or in place of those lamps if the lamps are obstructed or damaged at the location from which a disabled vehicle is to be towed.
2. A tow car used to tow disabled vehicles may be equipped with rear facing lamps that emit nonflashing blue light. Lamps that emit nonflashing blue light to the rear of the tow car may only be displayed when the tow car is at the scene of a traffic hazard or during the period of preparation at the location from which a disabled vehicle is to be towed, and must not be displayed when the tow car is being operated on a highway.
Sec. 4. NRS 487.038 is hereby amended to read as follows:
487.038 1. Except as otherwise provided in subsections 3 and 4, the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard if:
(a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and
(b) The sign shows the telephone number of the police department or sheriffs office.
2. [Oral] Unless notice has been provided pursuant to NRS 706.4477, oral notice must be given to the police department or sheriffs office, whichever is appropriate, indicating:
(a) The time the vehicle was removed;
(b) The location from which the vehicle was removed; and
(c) The location to which the vehicle was taken.
3. Any vehicle which is parked in a space designated for persons with disabilities and is not properly marked for such parking may be removed if notice is given to the police department or sheriffs office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.
κ2019 Statutes of Nevada, Page 1232 (CHAPTER 222, SB 395)κ
4. The owner or person in lawful possession of residential real property upon which a single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to subsection 1.
5. All costs incurred under the provisions of this section for the towing , [and] storage and disposition of the vehicle, as applicable, must be borne by the owner of the vehicle, as that term is defined in NRS 484A.150.
6. The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on that property.
7. If the owner or person in lawful possession of real property and the tow operator agree that the vehicle is likely to be ultimately disposed of as an abandoned vehicle and that the estimated disposition value of a vehicle to be towed pursuant to this section is less than the estimated cost for the towing, storage and disposal of the vehicle, the owner or person in lawful possession of real property and the tow operator may enter into an agreement whereby the owner or person in lawful possession of real property makes a voluntary payment to the tow operator. Such a payment:
(a) Does not reduce the costs incurred by the owner of the vehicle pursuant to subsection 5.
(b) May not be a condition for the towing of the vehicle.
Sec. 5. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1233κ
Senate Bill No. 20Committee on Judiciary
CHAPTER 223
[Approved: May 29, 2019]
AN ACT relating to guardianships; enacting certain provisions of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act; authorizing the filing of a petition for an expedited hearing to transfer a proposed protected person from a health care facility to another health care facility that provides a less restrictive level of care in certain circumstances; revising various provisions relating to guardianships; increasing the additional fee charged by county recorders to allocate additional money for legal representation for protected persons, proposed protected persons, protected minors and proposed protected minors in guardianship proceedings; authorizing a portion of such a fee to be used to pay for certain assistance to protected minors and proposed protected minors in guardianship proceedings; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 2, 3, 30 and 31 of this bill enact certain provisions of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. Sections 2 and 30 of this bill authorize a court to appoint a successor guardian for a protected person or protected minor, respectively, at any time to serve immediately or when a designated event occurs. Sections 3 and 31 of this bill authorize a court to appoint a temporary substitute guardian for a protected person or protected minor, respectively, in certain circumstances for a period of not more than 6 months.
Existing law authorizes certain persons to file a petition for the appointment of a guardian for a proposed protected person. (NRS 159.044) Section 3.5 of this bill provides that if a person who files such a petition reasonably believes that it is appropriate to discharge the proposed protected person from a health care facility for the purpose of transferring the proposed protected person to a more appropriate health care facility that provides a less restrictive level of care, the person must petition the court for an expedited hearing to determine whether such a transfer is appropriate and must include certain information in such a petition. Section 3.5 also provides that a person may not petition the court for an expedited hearing if the person believes that a proposed protected person should be transferred to: (1) a health care facility outside this State; (2) with certain exceptions, a health care facility outside the judicial district in which a petition for the appointment of a guardian is filed; or (3) a secured residential long-term care facility.
Existing law authorizes a court to appoint a temporary guardian for certain proposed protected persons and extend the appointment of a temporary guardian in certain circumstances. (NRS 159.0523) Section 23.3 of this bill requires a court to limit the authority of a temporary guardian to that which is necessary to perform any actions required to ensure the health, safety or care of a proposed protected person, including applying for Medicaid or other appropriate assistance, coverage or support for the protected person. Section 23.3 also authorizes a court to consider the actions taken by a temporary guardian to carry out any requested activities for the benefit of a proposed protected person during the temporary guardianship when the court is making a determination regarding the extension of a temporary guardianship or the issuance of any ex parte or emergency order.
κ2019 Statutes of Nevada, Page 1234 (CHAPTER 223, SB 20)κ
Existing law requires, with certain exceptions, a proposed protected person who is found in this State to attend the hearing for the appointment of a guardian. (NRS 159.0535) Section 23.7 of this bill provides an additional exception to such a requirement by authorizing the proposed protected person, through counsel, to waive his or her appearance. Existing law also authorizes a proposed protected person or proposed protected minor who cannot attend the hearing for the appointment of a guardian to appear by videoconference. (NRS 159.0535, 159A.0535) Sections 23.7 and 31.5 of this bill additionally authorize a proposed protected person or proposed protected minor, respectively, to appear by any other means that uses audio-video communication or by telephone. Existing law further establishes provisions relating to the duties of certain persons if a proposed protected person cannot attend a hearing for the appointment of a guardian by videoconference. (NRS 159.0535) Section 23.7 removes such provisions.
Existing law generally requires that before a guardian moves a protected person, the guardian must file a notice with the court of his or her intent to move the protected person and serve notice upon all interested persons. (NRS 159.0807) Section 25 of this bill revises various provisions relating to such a requirement.
Existing law requires a guardian of the person to make a written report containing certain information, file the report with the court and serve the report on the protected person and any attorney for the protected person. (NRS 159.081) Section 26 of this bill authorizes the court to waive the requirement that the report must be served on the protected person upon a showing that such service is detrimental to the physical or mental health of the protected person. Section 26 also revises provisions relating to the information required to be included in the report.
Existing law: (1) authorizes a guardian to sell the personal property of a protected person in certain circumstances; and (2) requires that the family members of the protected person and any interested persons be offered the first right of refusal to acquire such personal property at fair market value. (NRS 159.154) Section 27 of this bill provides that: (1) claims by family members and interested persons to acquire the property must be considered in a certain order of priority; and (2) if multiple claims are received from the same priority group and an agreement cannot be reached after good faith efforts have been made, the guardian is authorized to sell the property.
Existing law requires a guardian to retain receipts or vouchers for all expenditures and further requires: (1) a public guardian to produce such receipts or vouchers upon the request of the court or certain other persons; and (2) all other guardians to file such receipts or vouchers with the court in certain circumstances. (NRS 159.179) Section 28 of this bill instead requires all guardians to produce such receipts or vouchers upon the request of the court or certain other persons and file such receipts or vouchers with the court only if the court orders the filing.
Existing law requires a county recorder to charge and collect, in addition to any other fee a county recorder is authorized to collect, a fee of $5 in certain circumstances and to pay the amount of such fees collected to the county treasurer on a monthly basis. Existing law requires the county treasurer to remit $3 from each such additional fee received to: (1) the organization operating the program for legal services for the indigent in the judicial district to provide legal services for protected persons or proposed protected persons in guardianship proceedings and, if sufficient funding exists, protected minors or proposed protected minors in guardianship proceedings; or (2) if such an organization does not exist in the judicial district, to an account for the use of the district court to pay for attorneys to represent protected persons and proposed protected persons who do not have the ability to pay for an attorney. (NRS 247.305) Section 33 of this bill increases the amount paid to such an organization or account from $3 to $5, thereby increasing the additional fee charged by a county recorder from $5 to $7. Existing law also requires a county treasurer to remit $1 from each additional fee received from a county recorder to an account for the use of the district court to pay the compensation of investigators appointed in a guardianship proceeding concerning a proposed protected minor. (NRS 247.305) Section 33 provides that such money may also be used to pay for attorneys and self-help assistance for protected minors and proposed protected minors in guardianship proceedings.
κ2019 Statutes of Nevada, Page 1235 (CHAPTER 223, SB 20)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.
Sec. 2. 1. The court at any time may appoint a successor guardian to serve immediately or when a designated event occurs.
2. A person entitled under NRS 159.044 to petition the court to appoint a guardian may petition the court to appoint a successor guardian.
3. A successor guardian appointed to serve when a designated event occurs may act as guardian when:
(a) The event occurs; and
(b) The successor has taken the official oath and filed a bond as provided in this chapter, and letters of guardianship have been issued.
4. A successor guardian has the predecessors powers unless otherwise provided by the court.
5. The revocation of letters of guardianship by the court or any other court action to suspend the authority of a guardian may be considered to be a designated event for the purposes of this section if the revocation or suspension of authority is based on the guardians noncompliance with his or her duties and responsibilities as provided by law.
Sec. 3. 1. The court may appoint a temporary substitute guardian for a protected person for a period not exceeding 6 months if:
(a) A proceeding to remove a guardian for the protected person is pending; or
(b) The court finds a guardian is not effectively performing the guardians duties and the welfare of the protected person requires immediate action.
2. Except as otherwise ordered by the court, a temporary substitute guardian appointed under this section has the powers stated in the order of appointment of the guardian. The authority of the existing guardian is suspended for as long as the temporary substitute guardian has authority.
3. The court shall give notice of appointment of a temporary substitute guardian, not later than 5 days after the appointment, to:
(a) The protected person; and
(b) The affected guardian.
4. The court may remove a temporary substitute guardian at any time. The temporary substitute guardian shall make any report the court requires.
Sec. 3.5. 1. Except as otherwise provided in subsection 2, if a person who files a petition for the appointment of a guardian pursuant to NRS 159.044 reasonably believes that it is appropriate to discharge the proposed protected person from a health care facility for the purpose of transferring the proposed protected person to a more appropriate health care facility that provides a less restrictive level of care, the person must petition the court for an expedited hearing to determine the appropriateness of such a transfer upon a showing of good cause, as set forth in the petition for an expedited hearing. If a person files a petition for an expedited hearing pursuant to this subsection, he or she shall include, without limitation, the following information in the petition:
κ2019 Statutes of Nevada, Page 1236 (CHAPTER 223, SB 20)κ
(a) The name and address of the health care facility to which the proposed protected person will be transferred;
(b) The level of care that will be provided by the health care facility to which the proposed protected person will be transferred;
(c) The anticipated date of the transfer of the proposed protected person;
(d) The source of payment that will be used to pay for the placement of the proposed protected person in the health care facility to which he or she will be transferred; and
(e) A statement signed by the attending provider of health care of the proposed protected person and an independent physician that:
(1) Verifies that the transfer of the proposed protected person is medically appropriate and advisable and is in the best interests of the proposed protected person;
(2) Describes the way in which, given the condition and needs of the proposed protected person, the level of care that will be provided by the new health care facility is more appropriate for the care and treatment of the proposed protected person than the level of care of provided by the health care facility in which the proposed protected person is currently placed; and
(3) States specific facts and circumstances to demonstrate why the transfer of the proposed protected person to the new health care facility must occur in an expedited manner and cannot be delayed.
2. A person may not petition the court for an expedited hearing pursuant to subsection 1 if he or she believes that a proposed protected person should be transferred to:
(a) A health care facility outside this State;
(b) Except as otherwise provided in subsection 3, a health care facility outside the judicial district in which the petition for the appointment of a guardian is filed; or
(c) A secured residential long-term care facility.
3. If a health care facility that offers the appropriate level of care for a proposed protected person does not exist in the judicial district in which the petition for the appointment of a guardian is filed, or if such a health care facility exists in the judicial district but is not available to accommodate the proposed protected person, the court may approve the placement of the proposed protected person in a health care facility outside the judicial district if the placement is in the health care facility offering the appropriate level of practicable care that is nearest to the place of residence of the proposed protected person.
Secs. 4-23. (Deleted by amendment.)
Sec. 23.3. NRS 159.0523 is hereby amended to read as follows:
159.0523 1. A petitioner may request the court to appoint a temporary guardian for a proposed protected person who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Documentation which shows the proposed protected person faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:
κ2019 Statutes of Nevada, Page 1237 (CHAPTER 223, SB 20)κ
medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:
(1) That the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;
(2) Whether the proposed protected person presents a danger to himself or herself or others; and
(3) Whether the proposed protected person is or has been subjected to abuse, neglect, exploitation, isolation or abandonment; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;
(2) The proposed protected person would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4. If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.
5. Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:
κ2019 Statutes of Nevada, Page 1238 (CHAPTER 223, SB 20)κ
(a) The court finds by clear and convincing evidence that the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and
(b) The extension of the temporary guardianship is necessary and in the best interests of the proposed protected person.
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the [powers] authority of the temporary guardian to [those] that which is necessary to [respond] perform any actions required to ensure the health, safety or care of a proposed protected person, including, without limitation:
(a) Responding to the substantial and immediate risk of physical harm or to a need for immediate medical attention [.] ; and
(b) Applying for Medicaid or other appropriate assistance, coverage or support for the proposed protected person for the purpose of providing adequate care for and ensuring the appropriate placement of the proposed protected person.
7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.
8. The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.
9. If a court is making a determination regarding the extension of a temporary guardianship or the issuance of any ex parte or emergency order, the court may consider the actions taken by a temporary guardian to carry out any requested activities for the benefit of a proposed protected person during the temporary guardianship.
Sec. 23.7. NRS 159.0535 is hereby amended to read as follows:
159.0535 1. A proposed protected person who is found in this State must attend the hearing for the appointment of a guardian unless:
(a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person; [or]
(b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person [.] ; or
(c) The proposed protected person, through court-appointed or retained counsel, waives his or her appearance.
2. A proposed protected person found in this State who cannot attend the hearing for the appointment of a temporary, general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by telephone or by videoconference [.
κ2019 Statutes of Nevada, Page 1239 (CHAPTER 223, SB 20)κ
or by videoconference [. If the proposed protected person cannot attend by videoconference, the person who signs the certificate described in subsection 1 or any other person the court finds qualified shall:
(a) Inform the proposed protected person that the petitioner is requesting that the court appoint a guardian for the proposed protected person;
(b) Ask the proposed protected person for a response to the guardianship petition; and
(c) Ask the preferences of the proposed protected person for the appointment of a particular person as the guardian of the proposed protected person.] or any other means that uses audio-video communication.
3. [The person who informs the proposed protected person of the rights of the proposed protected person pursuant to subsection 2 shall state in a certificate signed by that person:
(a) The responses of the proposed protected person to the questions asked pursuant to subsection 2; and
(b) Any conditions that the person believes may have limited the responses by the proposed protected person.
4. The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.
5.] If the proposed protected person is not in this State, the proposed protected person must attend the hearing only if the court determines that the attendance of the proposed protected person is necessary in the interests of justice.
4. As used in this section, audio-video communication means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.
Sec. 24. NRS 159.079 is hereby amended to read as follows:
159.079 1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the protected person, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the protected person, including, without limitation, the following:
(a) Supplying the protected person with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected person based on the financial situation and needs of the protected person, including, without limitation, any medical needs or needs relating to his or her care.
(b) Taking reasonable care of any clothing, furniture, vehicles and other personal effects of the protected person and commencing a proceeding if any property of the protected person is in need of protection.
(c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected person.
(d) Seeing that the protected person is properly trained and educated and that the protected person has the opportunity to learn a trade, occupation or profession.
2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the protected person. A guardian of the person is not required to incur expenses on behalf of the protected person except to the extent that the estate of the protected person is sufficient to reimburse the guardian.
κ2019 Statutes of Nevada, Page 1240 (CHAPTER 223, SB 20)κ
3. A guardian of the person is the personal representative of the protected person for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations. The guardian of the person has authority to obtain information from any government agency, medical provider, business, creditor or third party who may have information pertaining to the health care or health insurance of the protected person.
4. A guardian of the person may, subject to the provisions of subsection 6 and NRS 159.0807, establish and change the residence of the protected person at any place within this State. The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the protected person and which is financially feasible.
5. A guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the protected person to a location outside of this State. The guardian must show that the placement outside of this State is in the best interest of the protected person or that there is no appropriate residence available for the protected person in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159.1905 or 159.191 or the jurisdiction of the guardianship is transferred to the other state.
6. A guardian of the person must file a notice with the court of his or her intent to move a protected person to or place a protected person in a secured residential long-term care facility pursuant to subsection 4 of NRS 159.0807 unless the secured residential long-term care facility is in this State and:
(a) An emergency condition exists pursuant to paragraph (a) of subsection [5] 4 of NRS 159.0807;
(b) The court has previously granted the guardian authority to move the protected person to or place the protected person in such a facility based on findings made when the court appointed the guardian; or
(c) The move or placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services.
7. This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
8. As used in this section protective services has the meaning ascribed to it in NRS 200.5092.
Sec. 25. NRS 159.0807 is hereby amended to read as follows:
159.0807 1. Every protected person has the right, if possible, to:
(a) Have his or her preferences followed; and
(b) Age in his or her own surroundings or, if not possible, in the least restrictive environment suitable to his or her unique needs and abilities.
2. Except as otherwise provided in subsection [5,] 4, a proposed protected person must not be moved until a guardian is appointed.
3. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, the guardian shall notify all interested persons in accordance with subsection 4 [before] if the protected person:
κ2019 Statutes of Nevada, Page 1241 (CHAPTER 223, SB 20)κ
(a) Is admitted to [a secured] any residential long-term care facility;
(b) Changes his or her residence, including, without limitation, to or from one [secured] residential long-term care facility to another; or
(c) [Will reside at a location other than his or her residence for more than 3 days.] Is admitted to a hospital or is temporarily placed in a facility that provides rehabilitative services.
4. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, a guardian shall file with the court a notice of his or her intent to move the protected person to a higher level of care and shall serve notice upon all interested persons not less than 10 days before moving the protected person [.] unless:
(a) An emergency condition exists, including, without limitation, an emergency condition that presents a risk of imminent harm to the health or safety of the protected person, and the protected person will be unable to return to his or her residence for a period of more than 24 hours;
(b) The move or change in placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services; or
(c) The move or change in placement is a result of the protected person being admitted to a hospital or facility that provides rehabilitative services.
5. If an emergency condition exists pursuant to paragraph (a) of subsection 4, the guardian may take temporary action to mitigate the condition without the permission of the court, and shall file notice with the court and serve such notice upon all interested parties as soon as practicable after the action is taken.
6. If no objection to the move is received from any interested person within 10 days after receiving [the] a notice [,] pursuant to subsection 4 or 5, the guardian may move the protected person without court permission.
[5. If an emergency condition exists, including, without limitation, the health or safety of the protected person is at risk of imminent harm or the protected person has been hospitalized and will be unable to return to his or her residence for a period of more than 24 hours, the guardian may take any temporary action needed without the permission of the court and shall file notice with the court and serve notice upon all interested persons as soon as practicable after taking such action.
6.] Once a permanent placement for the protected person is established, the guardian shall, as soon as practicable after such placement, file a notice of change of address with the court.
7. Except as otherwise provided in this subsection, any notice provided to a court, an interested person or person of natural affection pursuant to this section or NRS 159.0809 must include the current location of the protected person. The guardian shall not provide any contact information to an interested person or person of natural affection if an order of protection has been issued against the interested person or person of natural affection on behalf of the protected person.
[7.] 8. A guardian is not required to provide notice to an interested person or person of natural affection in accordance with this section or NRS 159.0809 if:
(a) The interested person or person of natural affection informs the guardian in writing that the person does not wish to receive such notice; or
κ2019 Statutes of Nevada, Page 1242 (CHAPTER 223, SB 20)κ
(b) The protected person or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.
Sec. 26. NRS 159.081 is hereby amended to read as follows:
159.081 1. A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the protected person and the exercise of authority and performance of duties by the guardian:
(a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian;
(b) Within 10 days of moving a protected person to a secured residential long-term care facility; and
(c) At such other times as the court may order.
2. A report filed pursuant to paragraph (b) of subsection 1 must:
(a) Include a copy of the written recommendation upon which the transfer was made; and
(b) [Be] Except as otherwise provided in subsection 6, be served, without limitation, on the protected person and any attorney for the protected person.
3. The court may prescribe the form for filing a report described in subsection 1. Such a report must include, without limitation:
(a) The physical condition of the protected person;
(b) The place of residence of the protected person;
(c) The name of all other persons living with the protected person unless the protected person is residing at a secured residential long-term care facility, group home, supportive living facility, home in which supported living arrangement services are provided, assisted living facility or other facility for long-term care; and
(d) Any other information required by the court.
4. The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court.
5. The court is not required to hold a hearing or enter an order regarding the report.
6. The court may waive the requirement set forth in paragraph (b) of subsection 2 that a report filed pursuant to paragraph (b) of subsection 1 must be served on a protected person upon a showing that such service is detrimental to the physical or mental health of the protected person.
7. As used in this section [, facility] :
(a) Facility for long-term care has the meaning ascribed to it in NRS 427A.028.
(b) Supported living arrangement services has the meaning ascribed to it in NRS 435.3315.
Sec. 27. NRS 159.154 is hereby amended to read as follows:
159.154 1. The guardian may sell the personal property of a protected person at:
(a) The residence of the protected person; or
(b) Any other location designated by the guardian.
2. The guardian may sell the personal property only if the property is made available for inspection at the time of the sale or photographs of the personal property are posted on an appropriate auction website on the Internet.
κ2019 Statutes of Nevada, Page 1243 (CHAPTER 223, SB 20)κ
3. Personal property may be sold for cash or upon credit.
4. Except as otherwise provided in NRS 159.1515, a sale or disposition of any personal property of the protected person must not be commenced until 30 days after an inventory of the property is filed with the court and a copy thereof is sent by regular mail to the persons specified in NRS 159.034. An affidavit of mailing must be filed with the court.
5. The guardian is responsible for the actual value of the personal property unless the guardian makes a report to the court, not later than 90 days after the conclusion of the sale, showing that good cause existed for the sale and that the property was sold for a price that was not disproportionate to the value of the property.
6. [The] Except as otherwise provided in subsection 7, the family members of the protected person and any interested persons must be offered the first right of refusal to acquire the personal property of the protected person at fair market value. Claims to acquire the personal property must be considered in the following order of priority:
(a) The spouse or domestic partner of the protected person;
(b) A child of the protected person;
(c) The parents of the protected person;
(d) A sibling of the protected person;
(e) The nearest living relative of the protected person by blood or adoption; and
(f) Any other interested party.
7. If multiple claims are received from the same priority group pursuant to subsection 6 and an agreement cannot be reached after good faith efforts have been made, the guardian may sell the property.
Sec. 28. NRS 159.179 is hereby amended to read as follows:
159.179 1. An account made and filed by a guardian of the estate or special guardian who is authorized to manage the property of a protected person must include, without limitation, the following information:
(a) The period covered by the account.
(b) The assets of the protected person at the beginning and end of the period covered by the account, including the beginning and ending balances of any accounts.
(c) All cash receipts and disbursements during the period covered by the account, including, without limitation, any disbursements for the support of the protected person or other expenses incurred by the estate during the period covered by the account.
(d) All claims filed and the action taken regarding the account.
(e) Any changes in the property of the protected person due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the property holdings of the protected person as reported in the original inventory or the preceding account, including, without limitation, any income received during the period covered by the account.
(f) Any other information the guardian considers necessary to show the condition of the affairs of the protected person.
(g) Any other information required by the court.
2. All expenditures included in the account must be itemized.
κ2019 Statutes of Nevada, Page 1244 (CHAPTER 223, SB 20)κ
3. If the account is for the estates of two or more protected persons, it must show the interest of each protected person in the receipts, disbursements and property. As used in this subsection, protected person includes a protected minor.
4. Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. A [public] guardian shall produce such receipts or vouchers upon the request of the court, the protected person to whom the receipt or voucher pertains, the attorney of such a protected person or any interested person. [All other guardians] The guardian shall file such receipts or vouchers with the court only if [:
(a) The receipt or voucher is for an amount greater than $250, unless such a requirement is waived by the court; or
(b) The] the court orders the filing.
5. On the courts own motion or on ex parte application by an interested person which demonstrates good cause, the court may:
(a) Order production of the receipts or vouchers that support the account; and
(b) Examine or audit the receipts or vouchers that support the account.
6. If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that:
(a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and
(b) Expenses were paid in good faith and were valid charges against the estate.
Sec. 29. Chapter 159A of NRS is hereby amended by adding thereto the provisions set forth as sections 30 and 31 of this act.
Sec. 30. 1. The court at any time may appoint a successor guardian to serve immediately or when a designated event occurs.
2. A person entitled under NRS 159A.044 to petition the court to appoint a guardian may petition the court to appoint a successor guardian.
3. A successor guardian appointed to serve when a designated event occurs may act as guardian when:
(a) The event occurs; and
(b) The successor has taken the official oath and filed a bond as provided in this chapter, and letters of guardianship have been issued.
4. A successor guardian has the predecessors powers unless otherwise provided by the court.
Sec. 31. 1. The court may appoint a temporary substitute guardian for a protected minor for a period not exceeding 6 months if:
(a) A proceeding to remove a guardian for the protected minor is pending; or
(b) The court finds a guardian is not effectively performing the guardians duties and the welfare of the protected minor requires immediate action.
2. Except as otherwise ordered by the court, a temporary substitute guardian appointed under this section has the powers stated in the order of appointment of the guardian. The authority of the existing guardian is suspended for as long as the temporary substitute guardian has authority.
κ2019 Statutes of Nevada, Page 1245 (CHAPTER 223, SB 20)κ
3. The court shall give notice of appointment of a temporary substitute guardian, not later than 5 days after the appointment, to:
(a) The protected minor;
(b) The affected guardian; and
(c) Each parent of the protected minor and any person currently having care or custody of the protected minor.
4. The court may remove a temporary substitute guardian at any time. The temporary substitute guardian shall make any report the court requires.
5. As used in this section, parent does not include a person whose parental rights have been terminated.
Sec. 31.5. NRS 159A.0535 is hereby amended to read as follows:
159A.0535 1. A proposed protected minor who is found in this State must attend the hearing for the appointment of a guardian unless:
(a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State specifically states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minors attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor; or
(b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minors attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor.
2. A proposed protected minor found in this State who cannot attend the hearing for the appointment of a guardian as set forth in a certificate pursuant to subsection 1 may appear by telephone or by videoconference [.] or any other means that uses audio-video communication.
3. The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.
4. If the proposed protected minor is not in this State, the proposed protected minor must attend the hearing only if the court determines that the attendance of the proposed protected minor is necessary in the interests of justice.
5. As used in this section, audio-video communication means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.
Sec. 32. (Deleted by amendment.)
Sec. 33. NRS 247.305 is hereby amended to read as follows:
247.305 1. If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:
(a) For recording a document.................................................................... $25
(b) For copying a record, for each page..................................................... $1
(c) For certifying, including certificate and seal....................................... $4
(d) For a certified copy of a certificate of marriage................................. $10
(e) For a certified abstract of a certificate of marriage............................ $10
(f) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund.
κ2019 Statutes of Nevada, Page 1246 (CHAPTER 223, SB 20)κ
for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.
2. Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $5 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.
3. Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of [$5] $7 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection in the following amounts for each fee received:
(a) [Three] Five dollars:
(1) To the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for:
(I) Protected persons or proposed protected persons who are adults in guardianship proceedings; and
(II) If sufficient funding exists, protected persons or proposed protected persons who are minors in guardianship proceedings, including, without limitation, any guardianship proceeding involving an allegation of financial mismanagement of the estate of a minor; or
(2) If the organization described in subparagraph (1) does not exist in the judicial district, to an account maintained by the county for the exclusive use of the district court to pay the reasonable compensation and expenses of attorneys to represent protected persons and proposed protected persons who are adults and do not have the ability to pay such compensation and expenses, in accordance with NRS 159.0485.
(b) One dollar to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.
(c) One dollar to an account maintained by the county for the exclusive use of the district court to pay [the] :
(1) The compensation of [investigators] :
(I) Investigators appointed by the court pursuant to NRS 159A.046 [.] ; and
κ2019 Statutes of Nevada, Page 1247 (CHAPTER 223, SB 20)κ
(II) Attorneys for protected persons and proposed protected persons who are minors in guardianship proceedings; and
(2) For self-help assistance for protected persons and proposed protected persons who are minors in guardianship proceedings.
4. Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $6 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children, including, without limitation, to compensate attorneys appointed to represent such children pursuant to NRS 128.100 and 432B.420.
5. Except as otherwise provided in subsection 6, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:
(a) The county in which the county recorders office is located.
(b) The State of Nevada or any city or town within the county in which the county recorders office is located, if the document being recorded:
(1) Conveys to the State, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;
(3) Imposes a lien in favor of the State or that city or town; or
(4) Is a notice of the pendency of an action by the State or that city or town.
6. A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.
7. If the amount of money collected by a county recorder for a fee pursuant to this section:
(a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.
(b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.
8. Except as otherwise provided in subsection 2, 3, 4 or 7 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
9. For the purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his or her official capacity.
κ2019 Statutes of Nevada, Page 1248 (CHAPTER 223, SB 20)κ
Sec. 34. 1. This section and section 3.5 of this act become effective upon passage and approval.
2. Sections 1, 2, 3 and 23.3 to 31.5, inclusive, of this act become effective on July 1, 2019.
3. Section 33 of this act becomes effective on January 1, 2020.
________
Senate Bill No. 29Committee on Judiciary
CHAPTER 224
[Approved: May 29, 2019]
AN ACT relating to unarmed combat; authorizing the Nevada Athletic Commission to adopt, revise or repeal rules governing the conduct of contests and exhibitions of unarmed combat through certain procedures; revising provisions governing the deposit of money received by the Executive Director of the Commission and the Commission; revising provisions relating to the issuance, renewal, suspension and revocation of licenses and permits issued by the Commission; revising provisions relating to the license fee imposed for holding a live contest or exhibition of unarmed combat; making certain technical corrections; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Nevada Athletic Commission to adopt regulations to administer unarmed combat. (NRS 467.030) Section 1 of this bill authorizes the Commission to adopt, revise or repeal rules governing the conduct of contests and exhibitions of unarmed combat for each type of professional or amateur unarmed combat over which the Commission has jurisdiction.
Existing law defines the term unarmed combatant for the purposes of chapter 467 of NRS. (NRS 467.0108) Section 2 of this bill revises that definition: (1) to correct the name of USA Boxing, Inc.; and (2) to clarify that the term includes amateur unarmed combatants who are not boxers and who are not otherwise exempt from the provisions of chapter 467 of NRS.
Existing law provides that, with certain exceptions, all money received by the Executive Director of the Commission or by the Commission pursuant to the provisions of chapter 467 of NRS must be deposited with the State Treasurer for credit to the State General Fund. (NRS 467.040) Sections 3, 8, 11, 13 and 14 of this bill provide that certain money received by the Commission pursuant to certain statutory provisions must be deposited in the Athletic Commissions Agency Account, rather than the State General Fund.
Existing law provides that the Commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat where an admission fee is received. (NRS 467.080) Section 4 of this bill removes the requirement that an admission fee be received for the Commission to issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat. Additionally, section 8 of this bill provides that for any professional contest or exhibition of unarmed combat for which no admission fee is imposed and for which the Commission provides services, the promoter is required to remit a license fee equal to the costs of the services provided by the Commission.
κ2019 Statutes of Nevada, Page 1249 (CHAPTER 224, SB 29)κ
Existing law provides that: (1) before any license is granted, the applicant must file a bond in an amount fixed by the Commission but not less than $10,000; and (2) in lieu of such a bond, the applicant may deposit with the Commission money or another form of security. (NRS 467.080) Section 4 eliminates the option of depositing money or another form of security with the Commission.
Existing law provides that: (1) all contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the Commission; and (2) no person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless the person has first procured a license from the Commission. (NRS 467.100) Section 5 of this bill provides that: (1) if the Commission does not have sufficient time to review an application for issuance or renewal of a license before the applicant is scheduled to participate in a contest or exhibition of unarmed combat, the Chair of the Commission or the designee of the Chair may, absent any concerns about the qualifications for licensure of the applicant, grant the applicant a temporary license; (2) if an applicant is denied a temporary license by the Chair or the designee of the Chair, the applicant may appeal the denial to the full Commission, which may grant or deny a temporary license to the applicant; and (3) after the granting of such a temporary license to an applicant, at the next scheduled meeting of the Commission, the Commission shall grant, condition or deny the issuance of a license to the applicant for the remainder of the calendar year.
Existing law provides that the Commission must require each ring official and employee of the Commission and any other applicant the Commission wishes to investigate to submit to the Commission with the application a complete set of his or her fingerprints, which the Commission may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. (NRS 467.100) Section 5 makes the decision of the Commission to require any such person to submit fingerprints discretionary rather than mandatory.
Existing law provides that a license issued to a licensee may not be renewed by the Commission if the State Controller has informed the Commission that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not satisfied the debt, entered into a payment plan or demonstrated that the debt is not valid. (NRS 467.1003) Section 6 of this bill provides that a license may not be renewed if the applicant owes a debt to the Commission and has not entered into a payment plan that has been approved by the Chair of the Commission and the Executive Director.
Existing law provides that certain information concerning an applicant for a license issued by the Commission is confidential and must not be disclosed except under certain circumstances. (NRS 467.1005) Section 7 of this bill revises the type of information that the Commission must keep confidential.
Existing law requires a promoter to pay a license fee, based upon gross receipts from admission fees to a live contest or exhibition of unarmed combat, but provides that for the purpose of calculating the license fee, complimentary tickets are not included unless the promoter issues complimentary tickets for more than 8 percent of the seats in the house, in which case the value of the complimentary tickets exceeding 8 percent of the seats in the house must be included in the calculation of the license fee. (NRS 467.107) Section 8 clarifies that the term seats in the house includes those seats that are included in the booking arrangement for the venue, but does not include any seat that is not available for viewing of the contest or exhibition.
Existing law also: (1) provides that a promoter is entitled to receive a credit against the license fee in an amount equal to the amount paid by the promoter to the Commission or to an organization sanctioned by the Commission to administer a drug testing program for unarmed combatants; and (2) requires the Commission to adopt regulations governing the sanctioning of organizations to administer a drug testing program. (NRS 467.107) Section 8: (1) authorizes the Commission to require an applicant for sanctioning as a drug testing program to pay any costs related to an investigation of the applicant and to deposit with the Commission the amount of money deemed necessary to pay for such costs; and (2) provides that if any amount required to be deposited exceeds the actual cost of the investigation of the applicant, the Commission is required to refund the excess amount to the applicant upon the completion of the investigation.
κ2019 Statutes of Nevada, Page 1250 (CHAPTER 224, SB 29)κ
required to be deposited exceeds the actual cost of the investigation of the applicant, the Commission is required to refund the excess amount to the applicant upon the completion of the investigation.
Existing law provides that each member of the Commission or the Executive Director may, upon his or her own motion or upon the verified written charge of any person charging a licensee or the holder of a permit with violating any provision of chapter 467 of NRS, or the regulations adopted pursuant thereto, suspend for a period not exceeding 10 days any license or permit until final determination by the Commission if, in his or her opinion, the action is necessary to protect the public welfare and the best interests of the sports regulated by the Commission. (NRS 467.117) Section 9 of this bill: (1) clarifies that such a suspension of a license or permit is temporary; (2) provides that any other person associated with unarmed combat in this State may be made temporarily ineligible to participate in any contest or exhibition of unarmed combat; and (3) provides that the period of temporary suspension or ineligibility may be for a period not exceeding 10 days or until the next scheduled meeting of the Commission, whichever is later.
Existing law provides: (1) every contestant is entitled to receive a copy of a written contract or agreement approved as to form by the Commission binding the licensee to pay the contestant a certain fixed fee or percentage of the gate receipts; (2) one copy of the agreement must be filed with the Executive Director and one copy must be retained by the licensee or sponsor of the contest; and (3) the inspector or member of the Commission in attendance at the contest must determine whether the agreement has been delivered to each contestant and may require that a sufficient amount of the gate receipts be impounded to pay the contestants according to those agreements. (NRS 467.120) Section 10 of this bill provides that instead of a member of the Commission performing such duties, a representative of the Commission may perform such duties.
Section 12 of this bill clarifies that every participant in a boxing contest must be present and weighed in no later than noon on the day of the contest. (NRS 467.155)
Existing law provides that if the Commission takes disciplinary action against a person, the Commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorneys fees. (NRS 467.158) Section 13 of this bill: (1) clarifies that the costs of the proceeding may also include costs expended by the Commission for drug tests related to the disciplinary action; and (2) provides that all money collected for such disciplinary action must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account.
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 467 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Commission may adopt, revise or repeal rules governing the conduct of contests and exhibitions of unarmed combat for each type of professional or amateur unarmed combat for which the Commission has jurisdiction pursuant to the following procedures:
(a) At least 45 days before the Commission adopts, revises or repeals a rule, the Executive Director of the Commission shall:
(1) Publish notice of the proposed action by posting on the Internet website maintained by the Commission a copy of the text of the proposed adoption, revision or repeal of any rule;
κ2019 Statutes of Nevada, Page 1251 (CHAPTER 224, SB 29)κ
(2) Send notice of the posting pursuant to subparagraph (1) to every licensee and to every person who has filed a request with the Commission to receive such notice; and
(3) Provide a copy of the text of the proposed adoption, revision or repeal of any rule to the Chair of the Commission and to each other Commissioner.
(b) Before the Commission considers the adoption, revision or repeal of a rule, the Executive Director shall:
(1) Conduct at least one public workshop at which members of the public may comment on the proposed adoption, revision or repeal of any rule;
(2) Allow members of the public to submit written comments regarding the proposed adoption, revision or repeal of any rule; and
(3) Provide the Commission with a transcript of any public workshop held pursuant to subparagraph (1) and copies of all written comments submitted pursuant to subparagraph (2).
(c) Not less than 15 days before the date of any public workshop conducted pursuant to paragraph (b), the Executive Director shall provide written notice of the time and place set for the public workshop by:
(1) Posting on the Internet website maintained by the Commission a copy of the notice; and
(2) Sending a copy of the notice to every licensee and every person who has filed a request with the Commission to receive such notice.
(d) The Commission shall hold a public hearing at which the Commission shall vote whether or not to enact the proposed adoption, revision or repeal of any rule. Not later than 30 days before the public hearing, the Commission shall provide written notice of the hearing by:
(1) Posting on the Internet website maintained by the Commission a copy of the notice; and
(2) Sending a copy of the notice to every licensee and every person who has filed a request with the Commission to receive such notice.
(e) If the Commission votes to adopt, revise or repeal any rule pursuant to this section, the Executive Director shall:
(1) Post on the Internet website maintained by the Commission an updated version of the rules that reflects the actions of the Commission; and
(2) Send written notice of the actions of the Commission, together with an updated version of the rules that reflects the actions of the Commission, to every licensee and every person who has filed a request with the Commission to receive such notice.
2. The provisions of this section:
(a) Authorize the adoption, revision or repeal of a rule only if the rule directly governs the conduct of a contest or exhibition.
(b) Do not affect the applicability of any other provision of this chapter, including, without limitation, those provisions governing the administration of unarmed combat and the licensing and oversight of persons over whom the Commission has jurisdiction.
3. The Commission is exempt from the requirements for rulemaking set forth in chapter 233B of NRS for the limited purpose of adopting, revising or repealing rules pursuant to this section.
4. A rule adopted or revised pursuant to this section shall be deemed to have the same force of law as a regulation adopted or revised pursuant to the procedures set forth in chapter 233B of NRS, and a violation of a rule adopted or revised pursuant to this section shall be deemed to be a violation of a regulation adopted or revised pursuant to the procedures set forth in chapter 233B of NRS for the purposes of this chapter and chapter 467 of NAC.
κ2019 Statutes of Nevada, Page 1252 (CHAPTER 224, SB 29)κ
to the procedures set forth in chapter 233B of NRS, and a violation of a rule adopted or revised pursuant to this section shall be deemed to be a violation of a regulation adopted or revised pursuant to the procedures set forth in chapter 233B of NRS for the purposes of this chapter and chapter 467 of NAC.
Sec. 2. NRS 467.0108 is hereby amended to read as follows:
467.0108 1. Unarmed combatant means any person who engages in unarmed combat in a contest or exhibition, whether or not the person receives remuneration.
2. The term includes, without limitation:
(a) A contestant; [and]
(b) An amateur boxer who:
(1) Is registered with [United States Amateur] USA Boxing, Inc., or any other amateur organization recognized by the Commission; and
(2) Participates in an amateur boxing contest or exhibition in this state that is registered and sanctioned by [United States Amateur] USA Boxing, Inc., or Golden Gloves of America [.] ; and
(c) An amateur unarmed combatant who is not an amateur boxer and who is not otherwise exempt from the provisions of this chapter.
3. The term does not include a person who participates in a contest or exhibition that is exempt from the provisions of this chapter.
Sec. 3. NRS 467.040 is hereby amended to read as follows:
467.040 1. The Commission may employ an Executive Director, who must not be a member of the Commission.
2. Except as otherwise provided in subsections 4 and 5 of NRS 467.080, subsection 8 of NRS 467.100, subsections 2 , 6 and 9 of NRS 467.107 , [and] NRS 467.108, 467.135, subsection 4 of NRS 467.136, subsection 6 of NRS 467.158 and subsection 3 of NRS 467.159, all money received by the Executive Director or the Commission pursuant to the provisions of this chapter must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 4. NRS 467.080 is hereby amended to read as follows:
467.080 1. The Commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat [where an admission fee is received] in accordance with such terms and provisions as the Commission prescribes.
2. Any application for such a license must be in writing and correctly show and define the applicant. The application must be accompanied by an annual fee to be fixed by the Commission on a uniform scale.
3. The Commission may deny an application for such a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the Commission.
4. Before any license is granted, the applicant must file a bond in an amount fixed by the Commission but not less than $10,000, executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance by the applicant of the provisions of this chapter. [In lieu of a bond, the applicant may deposit with the Commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the Commission.]
κ2019 Statutes of Nevada, Page 1253 (CHAPTER 224, SB 29)κ
Commission.] All money which the Commission receives pursuant to this subsection must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account, which is hereby created in the State Agency Fund for Bonds.
5. If the Commission believes the requirement for a bond is inadequate, the Commission may require the promoter to make a deposit of money in an amount fixed by the Commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the Commission. After satisfaction of all such obligations, the Commission shall release the remainder to the promoter.
6. The provisions of subsections 4 and 5 do not apply to amateur athletic clubs.
Sec. 5. NRS 467.100 is hereby amended to read as follows:
467.100 1. All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the Commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless the person has first procured a license from the Commission.
2. The Commission may deny an application for a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the Commission.
3. If the Commission does not have sufficient time to review an application for issuance or renewal of a license before the applicant is scheduled to participate in a contest or exhibition of unarmed combat, the Chair of the Commission or the designee of the Chair may, absent any concerns about the qualifications for licensure of the applicant, grant the applicant a temporary license. If an applicant is denied a temporary license by the Chair or the designee of the Chair, the applicant may appeal the denial to the full Commission, which may grant or deny a temporary license to the applicant. After the granting of a temporary license to an applicant pursuant to this subsection, at the next scheduled meeting of the Commission at which the matter can be heard in compliance with the provisions of chapter 241 of NRS, the Commission shall grant, condition or deny the issuance of a license to the applicant for the remainder of the calendar year.
4. An application for a license constitutes a request for a determination of the applicants general suitability, character, integrity, and ability to participate or engage in, or be associated with contests or exhibitions of unarmed combat. The burden of proof is on the applicant to establish to the satisfaction of the Commission that the applicant is qualified to receive a license. By filing an application with the Commission, an applicant accepts the risk of adverse public notice, embarrassment, criticism, financial loss or other action with respect to the application, and expressly waives any claim for damages as a result thereof. Any written or oral statement that is made by any member of the Commission or any witness testifying under oath which is relevant to the application and investigation of the applicant is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in a civil action.
[4.] 5. The Commission [shall] may require:
(a) Each ring official and employee of the Commission; and
(b) Any other applicant the Commission wishes to investigate,
κ2019 Statutes of Nevada, Page 1254 (CHAPTER 224, SB 29)κ
Κ to submit to the Commission with the application a complete set of his or her fingerprints which the Commission may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
[5.] 6. After an application has been submitted to the Commission, the application may not be withdrawn unless the Commission consents to the withdrawal.
[6.] 7. The Commission shall fix a uniform scale of license fees.
[7.] 8. In addition to the license fees required by subsection [6,] 7, the Commission may require an applicant for a license to:
(a) Pay the costs of the proceedings associated with the issuance of the license, including, without limitation, investigative costs and attorneys fees; and
(b) Deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including, without limitation, investigative costs and attorneys fees, the Commission shall refund the excess amount to the applicant upon the completion of the proceedings.
[8. It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless the person has been granted a license therefor.]
Sec. 6. NRS 467.1003 is hereby amended to read as follows:
467.1003 1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license issued pursuant to NRS 467.100 must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license issued pursuant to NRS 467.100 may not be renewed by the Commission if:
(a) The applicant fails to submit the information required by subsection 1; [or]
(b) The applicant owes a debt to the Commission and has not entered into an agreement for the payment of the debt that has been approved by the Chair of the Commission and the Executive Director of the Commission; or
(c) The State Controller has informed the Commission pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020.
(b) Debt has the meaning ascribed to it in NRS 353C.040.
Sec. 7. NRS 467.1005 is hereby amended to read as follows:
467.1005 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the Commission shall keep confidential:
κ2019 Statutes of Nevada, Page 1255 (CHAPTER 224, SB 29)κ
(a) Any information that [it receives concerning an applicant for the issuance of a license] is submitted or disclosed to the Commission or otherwise obtained by the Commission pursuant to this chapter [which is declared confidential by law and] or the regulations adopted pursuant thereto;
(b) Any information that is [provided] submitted or disclosed to the Commission by another governmental entity or the Association of Boxing Commissions;
[(b) Any information contained in a medical record of such an applicant, if the information is not relevant to the Commission in determining whether to grant a license to the applicant;
(c) Any information relating to the financial records of an applicant or licensee;] and
[(d)] (c) Any information required to be submitted or disclosed to the Commission and kept confidential pursuant to federal law.
2. The Commission shall reveal the information set forth in subsection 1:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) To any person upon the request of the person who is the subject of the information; and
(c) In the course of the necessary administration of this chapter.
3. The Commission may reveal the information set forth in subsection 1 to an authorized agent of an agency of the United States Government, a state, a political subdivision of a state, a foreign government or a political subdivision of a foreign government responsible for regulating unarmed combat in the jurisdiction of the authorized agent.
4. A person seeking an order of a court of competent jurisdiction for the disclosure of information described in subsection 1 must submit a motion in writing to the court requesting the information. At least 10 days before submitting the motion, the person must provide notice to the Commission, the Attorney General and all persons who may be affected by the disclosure of the information. The notice must:
(a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and
(b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided.
Sec. 8. NRS 467.107 is hereby amended to read as follows:
467.107 1. In addition to the payment of any other fees and money due under this chapter, every promoter, except as otherwise provided in subsection 3, shall pay a license fee of 8 percent of the total gross receipts from admission fees , if any, to the live contest or exhibition of unarmed combat, exclusive of any federal tax or tax imposed by any political subdivision of this state, without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants purses or any other expenses or charges.
2. One-fourth of the total gross receipts from admission fees collected pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account created by NRS 467.080.
3. A corporation organized pursuant to NRS 81.550 to 81.660, inclusive, which promotes an amateur contest or exhibition of unarmed combat whose net proceeds are to be spent entirely in this state, for the purposes for which the corporation is organized, is exempt from the fees payable under this section.
κ2019 Statutes of Nevada, Page 1256 (CHAPTER 224, SB 29)κ
payable under this section. The corporation must retain the services of a promoter licensed pursuant to this chapter.
4. A promoter is entitled to receive a credit against the license fee imposed by this section in an amount equal to the amount paid by the promoter to the Commission or to an organization sanctioned by the Commission to administer a drug testing program for unarmed combatants, subject to regulations adopted pursuant to subsection 5.
5. The Commission shall adopt regulations governing:
(a) The treatment of complimentary tickets for the purposes of computing gross receipts from admission fees under subsection 1.
(b) Credits against the license fee imposed by this section.
(c) The sanctioning of organizations to administer a drug testing program for unarmed combatants pursuant to subsection 4.
6. The Commission may require an applicant for sanctioning as an organization to administer a drug testing program to:
(a) Pay any costs related to an investigation of the applicant, including, without limitation, investigative costs and attorneys fees; and
(b) Deposit with the Commission such an amount of money as the Commission deems necessary to pay for the costs set forth in paragraph (a). If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the investigation of the applicant, the Commission shall refund the excess amount to the applicant upon the completion of the investigation.
Κ All amounts paid pursuant to this subsection must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account created by NRS 467.080.
7. Except as otherwise provided in subsection [7,] 8, for the purpose of calculating the license fee imposed by this section, gross receipts does not include complimentary tickets or tickets provided to a charitable organization. As used in this subsection, charitable organization means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).
[7.] 8. If a promoter issues complimentary tickets for more than 8 percent of the seats in the house for a live contest or exhibition of unarmed combat, the value of the complimentary tickets exceeding 8 percent of the seats in the house must be included in the calculation of the license fee imposed by this section. For the purposes of this subsection, the term seats in the house:
(a) Includes those seats that are included in the booking arrangement for the venue.
(b) Does not include any seat that is not available for viewing of the contest or exhibition.
9. In addition to the payment of any other fees and money due under this chapter, for any professional contest or exhibition of unarmed combat for which no admission fee is imposed and for which the Commission provides services, the promoter shall remit a license fee equal to the costs of the services of the Commission provided in relation to the contest or exhibition of unarmed combat, as determined by the Executive Director and approved by the Commission. All amounts paid pursuant to this subsection must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account created by NRS 467.080.
κ2019 Statutes of Nevada, Page 1257 (CHAPTER 224, SB 29)κ
Sec. 9. NRS 467.117 is hereby amended to read as follows:
467.117 1. Each member of the Commission or the Executive Director of the Commission may, upon his or her own motion or upon the verified written charge of any person charging a licensee , [or] the holder of a permit or any other person associated with unarmed combat in this State with violating any provision of this chapter or the regulations adopted pursuant thereto, temporarily suspend any license or permit or make a person associated with unarmed combat ineligible to participate in any contest or exhibition of unarmed combat for a period not exceeding 10 days [any license or permit] or until the next scheduled meeting of the Commission at which the matter can be heard in compliance with the provisions of chapter 241 of NRS, whichever is later, until final determination by the Commission if, in his or her opinion, the action is necessary to protect the public welfare and the best interests of the sports regulated pursuant to this chapter.
2. If a license or permit is suspended or a person associated with unarmed combat is made ineligible to participate in any contest or exhibition of unarmed combat pursuant to subsection 1, the Commission may, upon written notice to the licensee , [or] holder of the permit or person associated with unarmed combat and after a hearing, continue the suspension or period of ineligibility until it makes a final determination of any disciplinary action to be taken against the licensee , [or] holder of the permit [.] or person associated with unarmed combat.
Sec. 10. NRS 467.120 is hereby amended to read as follows:
467.120 1. Every contestant competing under the terms of this chapter or regulation of the Commission is entitled to receive a copy of a written contract or agreement approved as to form by the Commission binding the licensee to pay the contestant a certain fixed fee or percentage of the gate receipts.
2. One copy of the agreement must be filed with the Executive Director of the Commission and one copy must be retained by the licensee or sponsor of the contest.
3. The inspector or [member] a representative of the Commission in attendance at the contest shall determine whether such an agreement has been delivered to each contestant and may require that a sufficient amount of the gate receipts be impounded to pay the contestants according to those agreements.
Sec. 11. NRS 467.136 is hereby amended to read as follows:
467.136 1. The Commission may require a sanctioning organization or a broadcasting network for television that televises professional contests of unarmed combat in this State to register with the Commission before it participates, directly or indirectly, in any professional contest or exhibition of unarmed combat.
2. If such registration is required, the Commission shall adopt regulations that prescribe, without limitation, the requirements for registration and any fees for registration.
3. The Commission may require a sanctioning organization or broadcasting network that applies for registration to:
(a) Pay the costs of the proceedings relating to the issuance of the registration, including, without limitation, investigative costs and attorneys fees; and
κ2019 Statutes of Nevada, Page 1258 (CHAPTER 224, SB 29)κ
(b) Deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including, without limitation, investigative costs and attorneys fees, the Commission shall refund the excess amount to the sanctioning organization or broadcasting network upon the completion of the proceedings.
4. All amounts paid pursuant to subsection 3 must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account created by NRS 467.080.
Sec. 12. NRS 467.155 is hereby amended to read as follows:
467.155 Every participant in a boxing contest shall be present and weighed in no later than [12 m.] noon on the day of the contest.
Sec. 13. NRS 467.158 is hereby amended to read as follows:
467.158 1. If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection 2, the Commission may prescribe a penalty not to exceed $250,000.
2. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:
(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,
Κ the Commission may prescribe a penalty pursuant to subsection 3.
3. A penalty prescribed by the Commission pursuant to subsection 2:
(a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the Commission.
4. In addition to any other disciplinary action that is taken against a person by the Commission pursuant to this chapter, the Commission may impose a ban from participation in unarmed combat in this State for a certain period, including a lifetime ban from participation in unarmed combat in this State.
5. The authority of the Commission to take disciplinary action against a person pursuant to this chapter must not be construed to be limited to those persons who are licensed by the Commission. Such authority extends to any person involved in or associated with unarmed combat in this State who violates any provision of this chapter.
6. If disciplinary action is taken against a person pursuant to this chapter, the Commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs , [and] attorneys fees [.] and any costs expended by the Commission for drug tests related to the disciplinary action. All amounts paid pursuant to this subsection must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account created by NRS 467.080.
κ2019 Statutes of Nevada, Page 1259 (CHAPTER 224, SB 29)κ
Sec. 14. NRS 467.159 is hereby amended to read as follows:
467.159 1. Except as otherwise provided in NRS 467.158, upon receipt of an application and the payment of a penalty prescribed by the Commission, not to exceed $250,000, the Commission may reinstate a revoked license.
2. In addition to the penalty required by subsection 1, the Commission may require the applicant to:
(a) Pay the costs of the proceedings associated with the reinstatement of the license, including investigative costs and attorneys fees; and
(b) Deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorneys fees, the Commission shall refund the excess amount to the applicant upon the completion of the proceedings.
3. All amounts paid pursuant to subsection 2 must be deposited with the State Treasurer for credit to the Athletic Commissions Agency Account created by NRS 467.080.
Sec. 15. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) The State Board of Examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(n) The Silver State Health Insurance Exchange.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
κ2019 Statutes of Nevada, Page 1260 (CHAPTER 224, SB 29)κ
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada; [or]
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178 [.] ; or
(f) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to section 1 of this act.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 16. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1261κ
Senate Bill No. 48Committee on Revenue and Economic Development
CHAPTER 225
[Approved: May 29, 2019]
AN ACT relating to taxation; authorizing boards of county commissioners in certain smaller counties to impose an additional tax on diesel fuel; authorizing persons who use diesel fuel in motor vehicles operated or intended to operate interstate to request and obtain reimbursement for the tax paid on diesel fuel consumed outside this State under certain circumstances; enacting provisions governing the distribution of the portion of the proceeds of the tax on diesel fuel reserved by the Department of Motor Vehicles to pay reimbursement for the tax; revising provisions governing the projects for which certain smaller counties may use the proceeds of an additional tax on diesel fuel; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes counties to impose taxes on motor vehicle fuel. (Chapter 373 of NRS) Under existing law, the board of county commissioners of a county whose population is 100,000 or more (currently Clark and Washoe Counties) is authorized, under certain circumstances, to impose county taxes on motor vehicle fuel and various special fuels used in motor vehicles. (NRS 373.030, 373.066, 373.0663) However, the board of county commissioners of a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) is authorized to impose county taxes on motor vehicle fuel and is not authorized to impose county taxes on special fuel. (NRS 373.030, 373.065) Section 3 of this bill authorizes the board of county commissioners of a county whose population is less than 100,000 to impose a tax on special fuel that consists of diesel fuel sold in the county in an amount not to exceed 5 cents per gallon. Under section 3, an ordinance imposing such a tax must be adopted by a two-thirds majority of the board of county commissioners or by a majority of the registered voters in the county who vote on a question concerning the imposition of the tax which is submitted to the voters at a general election. In addition, under section 3, if the tax is imposed in a county, certain sales or uses of diesel fuel which are exempt from the taxes imposed on diesel fuel under existing law, including, without limitation, sales or uses of diesel fuel to which dye has been added in accordance with existing federal and state law, are exempt from the tax imposed pursuant to section 3. Sections 9-14 of this bill provide a tax imposed pursuant to section 3 would be administered, allocated, disbursed and used in the same manner as the existing county tax imposed on motor vehicle fuel.
Section 5 of this bill includes highway truck parking, as defined in section 2 of this bill, as a project for which a county whose population is less than 100,000 is authorized to use the proceeds of the county taxes on motor vehicle fuel and diesel fuel. Section 4 of this bill makes a conforming change related to the definition of highway truck parking established by section 2 of this bill.
The Department of Motor Vehicles is a party to the International Fuel Tax Agreement, a multistate agreement which facilitates the calculation and collection of certain fuel taxes from interstate trucking companies and others who use special fuel (primarily diesel fuel) in vehicles operated or intended to operate interstate. (NRS 366.175) Existing law: (1) authorizes certain special fuel users to file with the Department a request for reimbursement of amounts owed to the special fuel user as a result of the Departments entering into the International Fuel Tax Agreement and the imposition of a tax on special fuels consumed outside this State; and (2) requires the Department to adopt regulations establishing a system to provide for the reimbursement of a person who files such a request. (NRS 373.083) Section 7 of this bill authorizes a person who pays a tax imposed pursuant to section 3 in a county in which the total number of gallons of diesel fuel sold in the county in the immediately preceding fiscal year is 10,000,000 gallons or more to file such a request and obtain from the Department a reimbursement of the tax on diesel fuel which is consumed outside this State.
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bill authorizes a person who pays a tax imposed pursuant to section 3 in a county in which the total number of gallons of diesel fuel sold in the county in the immediately preceding fiscal year is 10,000,000 gallons or more to file such a request and obtain from the Department a reimbursement of the tax on diesel fuel which is consumed outside this State. Section 8 of this bill makes a conforming change related to such reimbursements.
Under existing regulations, for the purpose of paying reimbursements to special fuel users who file requests for reimbursement with the Department, the Department establishes a trust account for a county for which reimbursements are paid and deposits 20 percent of the amount of taxes collected for the county in that trust account. Money in the trust account of a county must be used to pay requests for reimbursement of the tax imposed in the county which are approved by the Department, and any money remaining in the trust account after the payment of such reimbursements, including all accrued interest, must be distributed to the county for which the trust account was created. (NAC 373.160) Section 7 requires the Department to use this system to reimburse a person who pays a tax imposed pursuant to section 3 in a county in which the total number of gallons of diesel fuel sold in the county in the immediately preceding fiscal year is 10,000,000 gallons or more. Section 7 also provides that under certain circumstances, a portion of the money in the trust account for such a county may be distributed to the Department of Transportation for use to construct, maintain or repair, or any combination thereof, highway truck parking, as defined in section 2, in the county. Section 6 of this bill makes a conforming change.
Existing law requires the regional transportation commission in a county whose population is less than 100,000 to submit an annual report to the Department of Motor Vehicles showing for the fiscal year the amount of receipts from county motor vehicle fuel taxes and the nature of the expenditures for each project. (NRS 277A.360) Section 15 of this bill requires this annual report to show the amount of receipts from any tax imposed pursuant to section 3.
Section 16 of this bill provides that the authority to impose any tax pursuant to section 3 and the other provisions of this bill becomes effective on July 1, 2019. However under section 3, an ordinance imposing the tax authorized by that section may not become effective earlier than January 1, 2020.
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 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 2 and 3 of this act.
Sec. 1.5. Diesel fuel means any petroleum-based fuel meeting the ASTM D975 standards. The term includes, without limitation, diesel, biodiesel, as defined in NRS 366.022, biodiesel blend, as defined in NRS 366.023, biomass-based diesel, as defined in NRS 366.0235, biomass-based diesel blend, as defined in NRS 366.024, and kerosene blended with diesel.
Sec. 2. Highway truck parking means a parking area with easy access to or from a highway which is designated for a truck having a gross weight of more than 10,000 pounds, in the course of the operation of the truck or during periods of mandated rest for the operator of the truck.
Sec. 3. 1. In a county whose population is less than 100,000 and for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance impose a tax on special fuel that consists of diesel fuel sold in the county in an amount not to exceed 5 cents per gallon.
κ2019 Statutes of Nevada, Page 1263 (CHAPTER 225, SB 48)κ
a tax on special fuel that consists of diesel fuel sold in the county in an amount not to exceed 5 cents per gallon.
2. A board may not adopt an ordinance authorized by this section unless:
(a) The ordinance is approved by at least a two-thirds majority of the members of the board; or
(b) A question concerning the imposition of the tax pursuant to this section is first approved by a majority of the registered voters of the county voting upon the question, which the board may submit to the voters at any general election. The Committee on Local Government Finance shall annually provide to each city clerk, county clerk and district attorney in a county whose population is less than 100,000 forms for submitting a question to the registered voters of a county pursuant to this paragraph. Any question submitted to the registered voters of a county pursuant to this paragraph must be in the form most recently provided by the Committee on Local Government Finance.
3. A tax imposed pursuant to this section is in addition to other special fuel taxes imposed pursuant to the provisions of chapters 366 and 445C of NRS.
4. If an ordinance adopted pursuant to this section imposes the tax in an amount that is less than 5 cents per gallon, any increase in the amount of the tax must be approved in the manner set forth in subsection 2. Any such increase must not cause the amount of the tax authorized by this section to exceed 5 cents per gallon.
5. Except as otherwise provided in this subsection, any ordinance enacted pursuant to this section must provide that the tax authorized by this section, or any change in the amount of the tax, will become effective on the first day of the second calendar month following enactment of the ordinance imposing, or changing the amount of, the tax. An ordinance adopted pursuant to this section to impose the tax authorized by this section may not become effective earlier than January 1, 2020.
6. Any tax imposed pursuant to the provisions of this section does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any diesel fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:
(a) As diesel fuel to which dye has been added pursuant to such law; and
(b) As diesel fuel to which dye has not been added pursuant to such law.
Sec. 4. NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 373.0205 to 373.029, inclusive, and sections 1.5 and 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 373.028 is hereby amended to read as follows:
373.028 Project means:
1. In a county whose population is 100,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.
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regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.
2. In a county whose population is less than 100,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of highway truck parking or any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.
Sec. 6. NRS 373.080 is hereby amended to read as follows:
373.080 [All] Except as otherwise provided in NRS 373.083, all fuel taxes collected during any month by the Department pursuant to a contract with a county must be transmitted each month by the Department to the county and the Department shall, in accordance with the terms of the contract, charge the county for the Departments services specified in this section and in NRS 373.070, except that in the case of a fuel tax imposed pursuant to NRS 373.065, 373.066 [or] , 373.0663 [,] or section 3 of this act, the charge must not exceed 1 percent of the tax collected by the Department.
Sec. 7. NRS 373.083 is hereby amended to read as follows:
373.083 1. A person who uses special fuel in a motor vehicle operated or intended to operate interstate and who pays any tax imposed on [special] :
(a) Special fuels pursuant to NRS 373.066 or 373.0663 [may] ; or
(b) Special fuel that consists of diesel fuel pursuant to section 3 of this act in a county in which the total number of gallons of diesel fuel sold in the county during the immediately preceding fiscal year, as determined by the Department, is 10,000,000 gallons or more,
Κ may file with the Department a request for reimbursement of any amounts owed to the person as a result of the Department entering into an agreement pursuant to NRS 366.175 and the imposition, pursuant to NRS 373.066 or 373.0663 [,] or section 3 of this act, of any tax on special fuels which are consumed outside this State.
2. The Department shall adopt regulations establishing a system to provide for the reimbursement and the auditing of the records of a person who files a request for reimbursement pursuant to subsection 1. The system established by the Department:
κ2019 Statutes of Nevada, Page 1265 (CHAPTER 225, SB 48)κ
(a) Must authorize a person who uses special fuel in motor vehicles operated or intended to operate interstate to file a request for reimbursement as provided in subsection 1;
(b) Must provide that the Department will determine the eligibility for reimbursement of a person who files a request for reimbursement pursuant to subsection 1 before the Department will authorize the reimbursement;
(c) Must provide that any reimbursement authorized by the Department be paid from only money received by a county pursuant to any tax imposed on special fuels pursuant to NRS 373.066 or 373.0663 [;] or section 3 of this act;
(d) Must provide that the total amount of money which must be paid by any county in any fiscal year to reimburse any amounts owed to persons who use special fuel in motor vehicles operated or intended to operate interstate must not exceed 20 percent of the total amount of money collected by that county from any tax imposed on special fuels pursuant to NRS 373.066 or 373.0663 [;] or section 3 of this act; and
(e) Must not apply to any tax imposed pursuant to NRS 373.066 during the term of any bonds outstanding on June 12, 2013, secured by those taxes or of any bonds that refund such bonds provided that the term of the refunding bonds is not longer than the term of the refunded bonds.
3. The Department shall charge and collect a fee in an amount not to exceed $100 for each request for reimbursement filed by a person pursuant to subsection 1. All money from the fees collected by the Department pursuant to this subsection must be deposited in the Local Fuel Tax [Indexing] Fund created by NRS 373.087.
4. The Department and a commission which has been created in a county whose population is 700,000 or more and in which a tax is imposed pursuant to NRS 373.0663 may enter into an intergovernmental agreement or contract pursuant to which:
(a) The commission agrees to pay for the costs incurred by the Department to establish the system pursuant to subsection 2 and administer the system until the amount of money received by the Department from the fees collected by the Department pursuant to subsection 3 is sufficient to pay the costs incurred by the Department to administer the system; and
(b) The Department agrees to reimburse the commission for any money paid by the commission pursuant to paragraph (a) from a portion of the money received by the Department from the fees collected by the Department pursuant to subsection 3.
5. For each county in which a tax is imposed pursuant to section 3 of this act and in which the total number of gallons of diesel fuel sold in the county during the immediately preceding fiscal year, as determined by the Department, is 10,000,000 gallons or more, the Department shall use the system established by the regulations adopted pursuant to subsection 2 to pay requests for reimbursement of the tax imposed in the county pursuant to section 3 of this act which are filed with the Department pursuant to paragraph (b) of subsection 1. The Department shall, at the end of each fiscal year, distribute the remaining balance of any money retained by the Department to pay requests for reimbursement of the tax imposed in a county described in this subsection which are filed with the Department pursuant to paragraph (b) of subsection 1 and are approved by the Department, including the amount of any accrued interest, to the county and provide the county with an accounting of the total amount of the tax imposed pursuant to section 3 of this act which was collected for the county during the fiscal year, the amount of money retained by the Department to pay requests for reimbursement filed with the Department pursuant to paragraph (b) of subsection 1, the amount of interest accrued on such money retained by the Department and the amount of reimbursements of the tax paid.
κ2019 Statutes of Nevada, Page 1266 (CHAPTER 225, SB 48)κ
the tax imposed pursuant to section 3 of this act which was collected for the county during the fiscal year, the amount of money retained by the Department to pay requests for reimbursement filed with the Department pursuant to paragraph (b) of subsection 1, the amount of interest accrued on such money retained by the Department and the amount of reimbursements of the tax paid. Using the accounting provided by the Department, the county shall, within 45 days after receiving the accounting and the distribution of money from the Department:
(a) Deposit in the regional street and highway fund in the county treasury an amount equal to:
(1) Fifty percent of the total amount of money retained by the Department to pay requests for reimbursement filed with the Department pursuant to paragraph (b) of subsection 1 during the fiscal year, plus any accrued interest; or
(2) The entire amount of money distributed to the county pursuant to this paragraph, if that amount is less than 50 percent of the total amount of money retained by the Department to pay requests for reimbursement filed with the Department pursuant to paragraph (b) of subsection 1 during the fiscal year.
(b) Transmit to the Department of Transportation the remaining amount of the distribution received from the Department of Motor Vehicles after making the deposit required by paragraph (a), which amount must be used by the Department of Transportation only to construct, maintain or repair, or any combination thereof, highway truck parking in the county.
6. As used in this section, special fuel has the meaning ascribed to it in NRS 366.060.
Sec. 8. NRS 373.087 is hereby amended to read as follows:
373.087 1. The Local Fuel Tax [Indexing] Fund is hereby created as an enterprise fund. The Department shall deposit in the Fund all fees collected by the Department pursuant to subsection 3 of NRS 373.083. The Director of the Department shall administer the Fund.
2. Money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.
3. Money deposited in the Fund must only be expended:
(a) To administer the system established by the Department pursuant to NRS 373.083; and
(b) To reimburse a commission for any amounts paid by the commission pursuant to an intergovernmental agreement or contract entered into pursuant to subsection 4 of NRS 373.083.
4. The Director may maintain a reserve of not more than $500,000 in the Fund. The reserve must be accounted for separately in the Fund and must only be expended to administer the system established by the Department pursuant to NRS 373.083.
5. Any balance remaining in the Fund at the end of any fiscal year:
(a) Does not revert to the State General Fund; and
(b) Must be carried forward to the next fiscal year.
Sec. 9. NRS 373.110 is hereby amended to read as follows:
373.110 All the net proceeds of any county fuel tax:
1. Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or section 3 of this act which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.0675 and 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS.
κ2019 Statutes of Nevada, Page 1267 (CHAPTER 225, SB 48)κ
1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or section 3 of this act which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.0675 and 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.
2. Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
Sec. 10. NRS 373.119 is hereby amended to read as follows:
373.119 1. Except to the extent pledged before July 1, 1985, and except as otherwise provided in NRS 373.0675, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or section 3 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2. Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec. 11. NRS 373.120 is hereby amended to read as follows:
373.120 1. No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.
2. The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065, 373.066 or 373.0663, or section 3 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.
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discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.
3. Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to NRS 373.0663 must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to NRS 373.0663 are issued or incurred, but the taxes imposed pursuant to NRS 373.0663 that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.
4. At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to NRS 373.0663, the board may, except as otherwise provided in subsection 5 of NRS 373.0663, by ordinance:
(a) Continue the pledge of the increase in taxes imposed pursuant to NRS 373.0663 beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to NRS 373.0663 are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to NRS 373.0663 have been paid in full.
(b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:
(1) The applicable percentage must not exceed 7.8 percent;
(2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and
(3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:
(I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to NRS 373.0663 are issued or incurred; or
(II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).
5. As used in this section, applicable percentage has the meaning ascribed to it in paragraph (b) of subsection 6 of NRS 373.0663.
Sec. 12. NRS 373.131 is hereby amended to read as follows:
373.131 1. Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 277A.210 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter and chapter 277A of NRS, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2. The board or, in a county whose population is 100,000 or more, a commission, may, after the enactment of any ordinance authorized or required by the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 [,] or section 3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:
κ2019 Statutes of Nevada, Page 1269 (CHAPTER 225, SB 48)κ
NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 [,] or section 3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:
(a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and section 3 of this act and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;
(b) Which must not be general obligations of the county or the commission or a charge on any real estate within the county; and
(c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.
3. A county or a commission as provided in subsection 2 is authorized to issue bonds or other securities without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.
4. Subject to the provisions of this chapter and chapter 277A of NRS, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, or, in a county whose population is 100,000 or more, a commission may, on behalf and in the name of the commission, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county or commission securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.
5. All such securities constitute special obligations payable from the net receipts of the fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.
6. Except for:
(a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b) Any interim debentures which are funded with the proceeds of bonds;
(c) Any temporary bonds which are exchanged for definitive bonds;
(d) Any bonds which are reissued or which are refunded; and
(e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,
Κ all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065, paragraphs (a) and (b) of subsection 1 of NRS 373.066 and paragraphs (a) and (b) of subsection 1 of NRS 373.0663 may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor.
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NRS 373.065, paragraphs (a) and (b) of subsection 1 of NRS 373.066 and paragraphs (a) and (b) of subsection 1 of NRS 373.0663 may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. Such taxes may also be used by a commission in a county whose population is 100,000 or more for the payment of bonds or other securities issued pursuant to the provisions of this chapter and may be pledged therefor if the board of the county consents to such use. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.
7. The ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing the issuance of any bond or other revenue security under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board or commission, as the case may be, of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified, if such bond or other security is issued by the county and not the commission.
8. Notwithstanding any other provision of this chapter, no commission has authority to issue bonds or other securities pursuant to this chapter unless the commission has executed an interlocal agreement with the county relating to the issuance of bonds or other securities by the commission. Any such interlocal agreement must include an acknowledgment of the authority of the commission to issue bonds and other securities and contain provisions relating to the pledge of revenues for the repayment of the bonds or other securities, the lien priority of the pledge of revenues securing the bonds or other securities, and related matters.
Sec. 13. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of ordinances as authorized in NRS 277A.170 and 373.030 [,] and section 3 of this act, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or section 3 of this act must first be submitted to the commission.
2. If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:
κ2019 Statutes of Nevada, Page 1271 (CHAPTER 225, SB 48)κ
(a) The priorities established by the plan;
(b) The relation of the proposed work to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The money available.
Κ If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 [,] or section 3 of this act, except as otherwise provided in NRS 373.0675, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.
3. In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4. If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;
(b) The relation of the proposed work to other projects constructed or authorized;
(c) The relative need for the proposed work in relation to others proposed by the same city or town; and
(d) The availability of money.
Κ If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
5. In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.
6. The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.
κ2019 Statutes of Nevada, Page 1272 (CHAPTER 225, SB 48)κ
Sec. 14. NRS 373.160 is hereby amended to read as follows:
373.160 1. The ordinance or ordinances, or the resolution or resolutions, providing for the issuance of any bonds or other securities issued under this chapter payable from the receipts from the fuel excise taxes designated in this chapter may at the discretion of the board or, in the case of bonds or other securities issued by a commission, the commission, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 [,] and section 3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued under this chapter.
2. If the board or, in the case of bonds or other securities issued by a commission, the commission, determines in any ordinance or resolution authorizing the issuance of any bonds or other securities under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or section 3 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board or, in the case of bonds or other securities issued by a commission, the commission with the consent of the board as provided in subsection 6 of NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.
3. The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any fuel so long as any bonds or other securities issued under this chapter remain outstanding and are not limited to any type or types of fuel in use when the bonds or other securities are issued.
Sec. 15. NRS 277A.360 is hereby amended to read as follows:
277A.360 In counties having a population of less than 100,000, the commission shall submit an annual report to the Department for the fiscal year showing the amount of receipts from the county [motor vehicle] fuel [tax] taxes imposed pursuant to chapter 373 of NRS and the nature of the expenditures for each project.
Sec. 16. This act becomes effective on July 1, 2019.
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