[Rev. 12/20/2019 4:58:40 PM]
κ2019 Statutes of Nevada, Page 1797κ
Assembly Bill No. 15Committee on Judiciary
CHAPTER 306
[Approved: June 3, 2019]
AN ACT relating to crimes; prohibiting the preparation or delivery of documents that simulate legal process for certain purposes; revising provisions governing crimes related to certain financial transactions; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill makes it unlawful for a person to cause to be prepared or delivered to another person any document that simulates a summons, complaint, judgment, order or other legal process with the intent to: (1) induce payment of a claim from another person; or (2) induce another person to submit to the putative authority of the document or take or refrain from taking certain actions. Section 1 provides that a person who violates any such provision is guilty of a category D felony. Section 1 also establishes the circumstances: (1) in which a rebuttable presumption exists that a person intended to violate any such provision; and (2) that do not constitute a defense to a prosecution under the section.
Existing law provides that if a monetary instrument represents the proceeds of or is derived from any unlawful activity, it is unlawful for a person who has knowledge of that fact to conduct or attempt to conduct a financial transaction involving such monetary instrument or transport or attempt to transport the monetary instrument, if the person has the intent to further any unlawful activity or has certain other knowledge. (NRS 207.195) Section 1.5 of this bill: (1) increases the penalty for a violation of any such provision from a category D to a category C felony; and (2) includes other property that represents the proceeds of or is derived from any unlawful activity in such provisions.
Existing law also provides that it is unlawful for any person to conduct or attempt to conduct a financial transaction with the intent to evade any regulation governing the records of certain casinos regarding transactions involving cash. A person who violates such a provision is guilty of a category D felony. (NRS 207.195) Section 1.5: (1) expands the prohibition and makes it unlawful for any person to conduct or attempt to conduct a financial transaction with the intent to evade any provision of federal or state law that requires the reporting of a financial transaction; and (2) provides that a person who violates such a provision is guilty of a category C felony.
Section 1.5 additionally makes it unlawful for a person to conduct or attempt to conduct a financial transaction concerning any monetary instrument or other property that has a value of $5,000 or more with the knowledge that the monetary instrument or other property is directly or indirectly derived from any unlawful activity. A person who violates such a provision is guilty of a category C felony.
Section 1.5 further: (1) provides that each violation of the section involving one or more monetary instruments, financial transactions or property valued at $5,000 or more is a separate offense; (2) provides that the section must not be construed to prohibit any financial transaction relating to the medical use of marijuana or the regulation or taxation of marijuana; and (3) revises the definition of monetary instrument to include virtual currency.
κ2019 Statutes of Nevada, Page 1798 (CHAPTER 306, AB 15)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 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who causes to be prepared or delivered to another person any document that simulates a summons, complaint, judgment, order or other legal process with the intent to:
(a) Induce payment of a claim from another person; or
(b) Induce another person to:
(1) Submit to the putative authority of the document; or
(2) Take any action or refrain from taking any action:
(I) In response to or on the basis of the document; or
(II) To comply with the document,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. There is a rebuttable presumption that a person intended to violate the provisions of this section if the person files with or presents or delivers to any court in this State any document that simulates a summons, complaint, judgment, order or other legal process.
3. It is not a defense to a prosecution under this section that a document that simulates a summons, complaint, judgment, order or other legal process states that the document is not legal process or purports to have been issued or authorized by a person or entity who does not have the lawful authority to issue or authorize the document.
4. As used in this section, action includes, without limitation:
(a) Making a court appearance;
(b) Obtaining legal counsel;
(c) Acting upon a perceived conflict created by a document that simulates a summons, complaint, judgment, order or other legal process; or
(d) Recusal.
Sec. 1.5. NRS 207.195 is hereby amended to read as follows:
207.195 1. If a monetary instrument or other property represents the proceeds of or is directly or indirectly derived from any unlawful activity, it is unlawful for a person, having knowledge of that fact:
(a) To conduct or attempt to conduct a financial transaction involving the monetary instrument [:] or other property:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transaction conceals the location, source, ownership or control of the monetary instrument [;] or other property; or
(3) With the knowledge that the transaction evades any provision of federal or state law that requires the reporting of a financial transaction.
(b) To transport or attempt to transport the monetary instrument [:] or other property:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transportation conceals the location, source, ownership or control of any proceeds derived from unlawful activity; or
κ2019 Statutes of Nevada, Page 1799 (CHAPTER 306, AB 15)κ
(3) With the knowledge that the transportation evades any provision of federal or state law that requires the reporting of a financial transaction.
2. It is unlawful for any person to conduct or attempt to conduct a financial transaction concerning any monetary instrument or other property that has a value of $5,000 or more with the knowledge that the monetary instrument or other property is directly or indirectly derived from any unlawful activity.
3. It is unlawful for any person to conduct or attempt to conduct a financial transaction with the intent to evade [a regulation adopted pursuant to NRS 463.125.
3.] any provision of federal or state law that requires the reporting of a financial transaction.
4. A person who violates any provision of subsection 1 , [or] 2 or 3 is guilty of a category [D] C felony and shall be punished as provided in NRS 193.130.
[4.] 5. Each violation of [subsection 1 or 2] this section involving one or more monetary instruments [totaling $10,000] , financial transactions or property valued at $5,000 or more shall be deemed a separate offense.
[5.] 6. The provisions of this section must not be construed to prohibit any financial transaction conducted pursuant to chapter 453A or 453D of NRS.
7. As used in this section:
(a) Financial transaction means any purchase, sale, loan, pledge, gift, transfer, deposit, withdrawal or other exchange involving a monetary instrument [.] or other property. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.
(b) Monetary instrument includes any coin or currency of the United States or any other country, any travelers check, personal check, money order, bank check, cashiers check, virtual currency, stock, bond, precious metal, precious stone or gem or any negotiable instrument to which title passes upon delivery. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.
(c) Unlawful activity includes any crime related to racketeering as defined in NRS 207.360 or any offense punishable as a felony pursuant to state or federal statute. The term does not include any procedural error in the acceptance of a credit instrument, as defined in NRS 463.01467, by a person who holds a nonrestricted gaming license.
Sec. 2. This act becomes effective on July 1, 2019.
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κ2019 Statutes of Nevada, Page 1800κ
Assembly Bill No. 41Committee on Judiciary
CHAPTER 307
[Approved: June 3, 2019]
AN ACT relating to victims of crime; requiring additional entities to accept fictitious addresses from certain victims of crime; prohibiting the maintenance, use and disclosure of certain identifying information of such victims by the additional entities except under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Division of Child and Family Services of the Department of Health and Human Services to issue a fictitious address to an adult person, a parent or guardian acting on behalf of a child or a guardian acting on behalf of an incapacitated person who has been a victim of domestic violence, human trafficking, sexual assault or stalking who applies for the issuance of a fictitious address. (NRS 217.462-217.471) Existing law also prohibits the Division from disclosing the name, the confidential address or fictitious address of a participant, except in certain circumstances. (NRS 217.464) Section 1 of this bill requires a governmental entity or provider of a utility service in this State to allow the use of a fictitious address upon the request of a participant who has received a fictitious address issued by the Division. Section 1 also prohibits such entities from disclosing the same information prohibited from disclosure by the Division and expands the protected information to include the telephone number and image of the person with the fictitious address. Additionally, section 1 sets forth the circumstances under which such entities may maintain, use and disclose the confidential address of a participant.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.464 is hereby amended to read as follows:
217.464 1. If the Division approves an application, the Division shall:
(a) Designate a fictitious address for the participant; and
(b) Forward mail that the Division receives for a participant to the participant.
2. Upon request of a participant, a governmental entity or provider of a utility service in this State to which the participant is required to provide an address shall allow the participant to use the fictitious address issued by the Division. A governmental entity or provider of a utility service who receives a request pursuant to this subsection shall not maintain a record of the confidential address of the participant, unless:
(a) The governmental entity or provider of a utility service is required to maintain the confidential address of the participant by federal, state or local law; or
(b) The provision of service by a provider of a utility service is impossible without maintaining the confidential address of the participant.
Κ If a governmental entity or provider of a utility service maintains a record of the confidential address of a participant pursuant to paragraph (a) or (b), the governmental entity or provider of a utility service must maintain and use the confidential address of the participant only to the extent as required by federal, state or local law or as necessary to provide a utility service.
κ2019 Statutes of Nevada, Page 1801 (CHAPTER 307, AB 41)κ
maintain and use the confidential address of the participant only to the extent as required by federal, state or local law or as necessary to provide a utility service.
3. The Division , governmental entity or provider of a utility service to which a participant provides a fictitious address pursuant to this section shall not make any records containing the name, telephone number, confidential address , [or] fictitious address or image of [a] the participant available for inspection or copying, unless:
(a) The address is requested by a law enforcement agency, in which case the Division shall make the address available to the law enforcement agency; [or]
(b) The Division , governmental entity or provider of a utility service is directed to do so by lawful order of a court of competent jurisdiction, in which case the Division , governmental entity or provider of a utility service shall make the address available to the person identified in the order [.
3.] ; or
(c) The Division, governmental entity or provider of a utility service is required to do so by federal or state law.
4. If a pupil is attending or wishes to attend a public school that is located in a school district other than the school district in which the pupil resides as authorized by NRS 392.016, the Division shall, upon request of the public school that the pupil is attending or wishes to attend, inform the public school of whether the pupil is a participant and whether the parent or legal guardian with whom the pupil resides is a participant. The Division shall not provide any other information concerning the pupil or the parent or legal guardian of the pupil to the public school.
5. As used in this section, governmental entity means any:
(a) Institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of this State or of a political subdivision of this State; and
(b) Incorporated city, county, unincorporated town, township, school district or other public district or agency designed to perform local governmental functions.
Sec. 2. This act becomes effective on July 1, 2019.
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κ2019 Statutes of Nevada, Page 1802κ
Assembly Bill No. 60Committee on Judiciary
CHAPTER 308
[Approved: June 3, 2019]
AN ACT relating to criminal justice; revising the definition of domestic violence; increasing certain penalties relating to a battery which constitutes domestic violence; revising provisions relating to the procedure for arresting a person suspected of committing a battery which constitutes domestic violence; enacting provisions relating to the procedure for arresting a person suspected of committing a battery against certain persons; imposing a fee on certain unlawful acts that constitute domestic violence; requiring such fees to be deposited into the Account for Programs Related to Domestic Violence; revising the definition of stalking; increasing certain penalties related to stalking; revising provisions relating to the crime of facilitating sex trafficking; revising provisions relating to the crime of assault; revising provisions relating to the crime of battery; revising provisions relating to the Committee on Domestic Violence; revising provisions relating to the Office of Advocate for Missing or Exploited Children; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain unlawful acts that constitute domestic violence when committed against certain persons. (NRS 33.018) Section 1 of this bill revises the unlawful acts that constitute domestic violence to include coercion, burglary, home invasion and pandering. Section 1 also provides that such acts if committed by siblings against each other, unless those siblings are in a custodial or guardianship relationship, or such acts if committed by cousins against each other, unless those cousins are in a custodial or guardianship relationship, do not constitute domestic violence. Section 1.5 of this bill makes a conforming change.
Existing law requires a peace officer, under certain circumstances, to arrest a person when the officer has probable cause to believe that the person has committed a battery upon: (1) a spouse; (2) a former spouse; (3) a person to whom he or she is related by blood or marriage; (4) a person with whom he or she is or was actually residing; (5) a person to whom he or she is in a dating relationship; (6) a person with whom he or she has a child; (7) the minor child of any such person; or (8) his or her minor child. (NRS 171.137) Section 1.5 additionally requires a peace officer to make such an arrest if the person committed such a battery upon the custodian or guardian of the persons minor child. Section 1.5 also removes the requirement that the officer make such an arrest for a battery committed upon a person with whom he or she is or was actually residing.
Section 1.1 of this bill authorizes a peace officer, under certain circumstances, to arrest a person when the officer has probable cause to believe that the person has committed a battery within the preceding 24 hours upon: (1) a person with whom he or she is actually residing; (2) a sibling, if the person is not the custodian or guardian of the sibling; or (3) a cousin, if the person is not the custodian or guardian of the cousin. Sections 1.1 and 1.5 also provide that liability cannot be imposed against a peace officer or his or her employer for a determination made in good faith not to arrest a person suspected of committing such a battery or a battery which constitutes domestic violence, as applicable. Section 1.3 makes a conforming change.
κ2019 Statutes of Nevada, Page 1803 (CHAPTER 308, AB 60)κ
Existing law authorizes a court to order the videotaping of a deposition under certain circumstances. (NRS 174.227) Existing law also authorizes, under certain circumstances, the use of such a videotaped deposition instead of the deponents testimony at trial. (NRS 174.228) Section 2 of this bill authorizes the court to order the videotaping of a deposition of a victim of facilitating sex trafficking. Section 3 of this bill makes a conforming change to allow such a videotaped deposition to be used instead of the deponents testimony at trial.
When a person is convicted of a battery which constitutes domestic violence, existing law requires the court to order the person to pay an administrative assessment of $35 to be deposited in the Account for Programs Related to Domestic Violence. (NRS 200.485) Section 3.5 of this bill requires the court to order a $35 fee to be paid and deposited into the Account for Programs Related to Domestic Violence if a person is convicted of certain unlawful acts which constitute domestic violence. Section 3.5 requires the court to enter a finding of fact that a person has committed an act which constitutes domestic violence in such a persons judgment of conviction. Section 3.5 also requires the court to order such a person to attend such counseling sessions relating to the treatment of persons who commit domestic violence under certain circumstances. Section 40 of this bill requires such fees to be deposited with the State Controller for credit to the Account.
Under existing law, a person convicted of a battery which constitutes domestic violence, for the first offense, is guilty of a misdemeanor and shall be punished by: (1) imprisonment in a city or county jail or detention center for not less than 2 days, but not more than 6 months; (2) community service; and (3) a fine of not less than $200 and not more than $1,000. Existing law authorizes a court to impose the term of imprisonment intermittently, except that each period of confinement cannot last less than 4 consecutive hours and cannot be served when the person is required to be at his or her place of employment. (NRS 200.485) Section 15 of this bill requires the court to impose intermittent confinement of not less than 12 consecutive hours for the first offense of such an act.
Additionally, under existing law, a person convicted for his or her second offense of a battery which constitutes domestic violence is guilty of a misdemeanor and is required to be imprisoned in a city or county jail or detention facility for not less than 10 days and not more than 6 months and pay a fine of not less than $500 or more than $1,000. (NRS 200.485) Section 15 increases the minimum term of imprisonment to 20 days.
Under existing law, a person convicted for his or her third or any subsequent offense of a battery which constitutes domestic violence is guilty of a category C felony. (NRS 200.485) Section 15 increases the penalty for such an act to a category B felony.
Existing law provides that any person who has previously been convicted of a battery which constitutes domestic violence that is punishable as a felony or a conviction for a similar felony of another state and who commits a battery that constitutes domestic violence is guilty of a category B felony. (NRS 200.485) Section 15 instead provides that a person who has previously been convicted of any felony that constitutes domestic violence or a similar offense in another state and who commits a battery which constitutes domestic violence is guilty of a category B felony.
Section 15 also provides a penalty for a battery which constitutes domestic violence where the act was committed against a victim who was pregnant at the time of such a battery. Under section 15, a person who commits such a battery: (1) for the first offense is guilty of a gross misdemeanor; and (2) for the second or any subsequent offense is guilty of a category B felony and authorizes the court to impose a minimum fine of not less than $1,000 and not more than $5,000.
Section 15 also provides that if a person is convicted of a battery which constitutes domestic violence, where such a battery causes substantial bodily harm to the victim, the person: (1) is guilty of a category B felony; and (2) the court is authorized to impose a fine of $1,000 to $15,000.
κ2019 Statutes of Nevada, Page 1804 (CHAPTER 308, AB 60)κ
Existing law provides that a person is guilty of: (1) a category D felony if the person commits an assault upon an officer; and (2) a category B felony if the person commits an assault upon an officer with the use of a deadly weapon or the present ability to use a deadly weapon. (NRS 200.471) Existing law also provides that a person is guilty of: (1) a category B felony if the person commits a battery upon an officer which causes substantial bodily harm or is committed by strangulation; and (2) a gross misdemeanor if the person commits a battery upon an officer and the person knew or should have known that the victim was an officer. (NRS 200.481) Sections 14 and 14.5 of this bill revise the definition of officer for such purposes to include a prosecuting attorney of an agency or political subdivision of the United States or of this State.
Existing law provides that a person who, without lawful authority, willfully or maliciously engages in conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and the conduct actually causes the victim to feel such emotions, is guilty of the crime of stalking. Existing law makes such a crime punishable as a misdemeanor for the first offense, and as a gross misdemeanor for any subsequent offense. (NRS 200.575) Section 17 of this bill revises the definition of stalking to: (1) provide that the course of conduct must be directed at the victim; and (2) clarify that the conduct would cause the victim to be fearful for his or her immediate safety. Section 17 also increases the penalty for a third or any subsequent offense of stalking to a category C felony and authorizes a court to impose a fine of not more than $5,000. Section 17 also provides that if the crime of stalking is committed against a victim who is under the age of 16 and the person is 5 or more years older than the victim: (1) for the first offense, the person is guilty of a gross misdemeanor; (2) for the second offense, the person is guilty of a category C felony and may be further punished by a fine of not more than $5,000; and (3) for a third or any subsequent offense, the person is guilty of a category B felony and may be further punished by a fine of not more than $5,000.
Existing law authorizes a court to impose an additional fine of $500,000 on certain persons who are convicted of sex trafficking or living from earnings of a prostitute. (NRS 201.352) Section 21 of this bill similarly authorizes a court to impose an additional fine of $500,000 on a person convicted of facilitating sex trafficking.
Existing law provides for the compensation of certain victims of crime. (NRS 217.010-217.270) Section 38 and 39 of this bill expand the definition of victim to include victims of the crime of facilitating sex trafficking so that such persons may be compensated under certain circumstances.
Existing law requires the Attorney General to appoint a Committee on Domestic Violence whose duties include, among other things: (1) increasing awareness of domestic violence within the State; and (2) reviewing certain programs related to the treatment of persons who commit domestic violence and making recommendations concerning those programs to the Division of Public and Behavioral Health of the Department of Health and Human Services. Existing law also requires a quorum of six members of the Committee for voting purposes. (NRS 228.470) Section 41 of this bill: (1) authorizes the Attorney General to appoint a subcommittee to carry out the Committees duty to review and make recommendations concerning such treatment programs; (2) requires a quorum of six members for all purposes; and (3) authorizes the Committee to adopt regulations necessary to carry out its duties.
Under existing law, the duties of the Office of Advocate for Missing or Exploited Children of the Office of the Attorney General include investigating and prosecuting any alleged crime involving the exploitation of children. (NRS 432.157) Section 42 of this bill expands the Offices duties to include investigating and prosecuting the crime of facilitating sex trafficking involving children.
κ2019 Statutes of Nevada, Page 1805 (CHAPTER 308, AB 60)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.018 is hereby amended to read as follows:
33.018 1. Domestic violence occurs when a person commits one of the following acts against or upon the persons spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the persons minor child or any other person who has been appointed the custodian or legal guardian for the persons minor child:
(a) A battery.
(b) An assault.
(c) [Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.] Coercion pursuant to NRS 207.190.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(7) Injuring or killing an animal.
(8) Burglary.
(9) An invasion of the home.
(f) A false imprisonment.
(g) [Unlawful entry of the other persons residence, or forcible entry against the other persons will if there is a reasonably foreseeable risk of harm to the other person from the entry.] Pandering.
2. The provisions of this section do not apply to:
(a) Siblings, except those siblings who are in a custodial or guardianship relationship with each other; or
(b) Cousins, except those cousins who are in a custodial or guardianship relationship with each other.
3. As used in this section, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 1.1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Whether or not a warrant has been issued, a peace officer may arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon:
κ2019 Statutes of Nevada, Page 1806 (CHAPTER 308, AB 60)κ
(a) A person with whom he or she is actually residing;
(b) A sibling, if the person is not the custodian or guardian of the sibling; or
(c) A cousin, if the person is not the custodian or guardian of the cousin.
2. Nothing in this section shall be construed to impose liability upon a peace officer or his or her employer for a determination made in good faith by the peace officer not to arrest a person pursuant to this section.
Sec. 1.3. NRS 171.136 is hereby amended to read as follows:
171.136 1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed upon the warrant;
(b) When the offense is committed in the presence of the arresting officer;
(c) When the person is found and the arrest is made in a public place or a place that is open to the public and:
(1) There is a warrant of arrest against the person; and
(2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;
(d) When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed;
(e) When the arrest is made in the manner provided in NRS 171.137 [;] or section 1.1 of this act;
(f) When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;
(g) When the person is already in custody as a result of another lawful arrest; or
(h) When the person voluntarily surrenders himself or herself in response to an outstanding warrant of arrest.
Sec. 1.5. NRS 171.137 is hereby amended to read as follows:
171.137 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, [a person with whom he or she is or was actually residing,] a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons [or] , his or her minor child [.] or a person who is the custodian or guardian of his or her minor child.
2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident.
κ2019 Statutes of Nevada, Page 1807 (CHAPTER 308, AB 60)κ
committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.
3. A peace officer shall not base a decision regarding whether to arrest a person pursuant to this section on the peace officers perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.
4. Nothing in this section shall be construed to impose liability upon a peace officer or his or her employer for a determination made in good faith by the peace officer not to arrest a person pursuant to this section.
5. The provisions of this section do not apply to:
(a) Siblings, except those siblings who are in a custodial or guardianship relationship with each other; or
(b) Cousins, except those cousins who are in a custodial or guardianship relationship with each other.
6. As used in this section, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 2. NRS 174.227 is hereby amended to read as follows:
174.227 1. A court on its own motion or on the motion of the district attorney may, for good cause shown, order the taking of a videotaped deposition of:
(a) A victim of sexual abuse as that term is defined in NRS 432B.100;
(b) A prospective witness in any criminal prosecution if the witness is less than 14 years of age; [or]
(c) A victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 [.] ; or
(d) A victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301. There is a rebuttable presumption that good cause exists where the district attorney seeks to take the deposition of a person alleged to be the victim of sex trafficking.
Κ The court may specify the time and place for taking the deposition and the persons who may be present when it is taken.
2. The district attorney shall give every other party reasonable written notice of the time and place for taking the deposition. The notice must include the name of the person to be examined. On the motion of a party upon whom the notice is served, the court:
(a) For good cause shown may release the address of the person to be examined; and
(b) For cause shown may extend or shorten the time.
3. If at the time such a deposition is taken, the district attorney anticipates using the deposition at trial, the court shall so state in the order for the deposition and the accused must be given the opportunity to cross-examine the deponent in the same manner as permitted at trial.
κ2019 Statutes of Nevada, Page 1808 (CHAPTER 308, AB 60)κ
for the deposition and the accused must be given the opportunity to cross-examine the deponent in the same manner as permitted at trial.
4. Except as limited by NRS 174.228, the court may allow the videotaped deposition to be used at any proceeding in addition to or in lieu of the direct testimony of the deponent. It may also be used by any party to contradict or impeach the testimony of the deponent as a witness. If only a part of the deposition is offered in evidence by a party, an adverse party may require the party to offer all of it which is relevant to the part offered and any party may offer other parts.
Sec. 3. NRS 174.228 is hereby amended to read as follows:
174.228 A court may allow a videotaped deposition to be used instead of the deponents testimony at trial only if:
1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:
(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:
(1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and
(2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and
(b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.
2. In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 [:] or a victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301:
(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and
(b) Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.
3. In all cases:
(a) A justice of the peace or district judge presides over the taking of the deposition;
(b) The accused is able to hear and see the proceedings;
(c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;
(d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and
(e) The deponent testifies under oath.
Sec. 3.5. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to any other fine or penalty, if the court finds that a person is guilty of committing an act which constitutes domestic violence pursuant to NRS 33.018, the court shall:
1. Enter a finding of fact in the judgment of conviction.
2. Order the person to pay a fee of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
κ2019 Statutes of Nevada, Page 1809 (CHAPTER 308, AB 60)κ
fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
3. Require for the:
(a) First offense within 7 years of any act which constitutes domestic violence, the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258; or
(b) Second offense within 7 years of any act which constitutes domestic violence, the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
Sec. 4. NRS 176A.413 is hereby amended to read as follows:
176A.413 1. Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection [3] 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:
(a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Network has the meaning ascribed to it in NRS 205.4745.
(c) System has the meaning ascribed to it in NRS 205.476.
(d) Text messaging has the meaning ascribed to it in NRS 200.575.
Secs. 5-8. (Deleted by amendment.)
κ2019 Statutes of Nevada, Page 1810 (CHAPTER 308, AB 60)κ
Sec. 8.5. NRS 199.480 is hereby amended to read as follows:
199.480 1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300 , facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300 , facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,
Κ and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
Κ each person is guilty of a gross misdemeanor.
Secs. 9-13. (Deleted by amendment.)
Sec. 14. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
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(b) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;
[(6)] (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
[(7)] (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
[(8)] (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
[(9)] (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
(d) Provider of health care means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractors assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, an emergency medical technician, an advanced emergency medical technician and a paramedic.
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family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, an emergency medical technician, an advanced emergency medical technician and a paramedic.
(e) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(f) Sporting event has the meaning ascribed to it in NRS 41.630.
(g) Sports official has the meaning ascribed to it in NRS 41.630.
(h) Taxicab has the meaning ascribed to it in NRS 706.8816.
(i) Taxicab driver means a person who operates a taxicab.
(j) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 14.5. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
κ2019 Statutes of Nevada, Page 1813 (CHAPTER 308, AB 60)κ
(c) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(d) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;
[(6)] (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
[(7)] (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
[(8)] (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
[(9)] (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
(e) Provider of health care has the meaning ascribed to it in NRS 200.471.
(f) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(g) Sporting event has the meaning ascribed to it in NRS 41.630.
(h) Sports official has the meaning ascribed to it in NRS 41.630.
(i) Strangulation means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.
(j) Taxicab has the meaning ascribed to it in NRS 706.8816.
κ2019 Statutes of Nevada, Page 1814 (CHAPTER 308, AB 60)κ
(k) Taxicab driver means a person who operates a taxicab.
(l) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.
(c) If:
(1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;
(2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and
(3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,
Κ for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
κ2019 Statutes of Nevada, Page 1815 (CHAPTER 308, AB 60)κ
(g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
Sec. 15. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to [subsection] subsections 2 [or 3] to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Κ The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than [4] 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than [10] 20 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
Κ The person shall be further punished by a fine of not less than $500, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(c) For the third offense within 7 years, is guilty of a category [C] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
2. Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 . [and by a fine of not more than $15,000.]
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
κ2019 Statutes of Nevada, Page 1816 (CHAPTER 308, AB 60)κ
(a) [A battery which] A felony that constitutes domestic violence pursuant to NRS 33.018 ; [that is punishable as a felony pursuant to paragraph (c) of subsection 1 or subsection 2;] or
(b) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a),
Κ and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
5. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
6. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
Κ If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
[5.] 7. Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
(a) When evidenced by a conviction; or
κ2019 Statutes of Nevada, Page 1817 (CHAPTER 308, AB 60)κ
(b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
Κ without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a) or (b) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
[6. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
7.] 8. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
[8.] 9. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted persons ability to pay.
[9.] 10. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person. A court may grant probation to or suspend the sentence of such a person:
(a) As set forth in NRS 4.373 and 5.055; or
(b) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
[10.] 11. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
κ2019 Statutes of Nevada, Page 1818 (CHAPTER 308, AB 60)κ
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
[11.] 12. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
[12.] 13. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 16. NRS 200.571 is hereby amended to read as follows:
200.571 1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 , [or] 3 or 4 of NRS 200.575 are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
Sec. 17. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct directed towards a victim that would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, commits the crime of stalking.
κ2019 Statutes of Nevada, Page 1819 (CHAPTER 308, AB 60)κ
of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2 , [or] 3 or 4 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For [any subsequent] the second offense, is guilty of a gross misdemeanor.
(c) For the third or any subsequent offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
2. Except as otherwise provided in subsection 3 or 4 and unless a more severe penalty is prescribed by law, a person who commits the crime of stalking where the victim is under the age of 16 and the person is 5 or more years older than the victim:
(a) For the first offense, is guilty of a gross misdemeanor.
(b) For the second offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
(c) For the third or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
3. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
[3.] 4. A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
5. If any act engaged in by a person was part of the course of conduct that constitutes the crime of stalking and was initiated or had an effect on the victim in this State, the person may be prosecuted in this State.
[4.] 6. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
[5.] 7. If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights.
κ2019 Statutes of Nevada, Page 1820 (CHAPTER 308, AB 60)κ
[6.] 8. If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
[7.] 9. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
[8.] 10. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
[9.] 11. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of [a series of] two or more acts over a period of time that evidences a continuity of purpose directed at a specific person.
(b) Family or household member means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.
(c) Internet or network site has the meaning ascribed to it in NRS 205.4744.
(d) Network has the meaning ascribed to it in NRS 205.4745.
(e) Offense includes, without limitation, a violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in this section.
(f) Text messaging means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another persons telephone or computer by addressing the communication to the recipients telephone number.
[(f)] (g) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, camera operator or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
κ2019 Statutes of Nevada, Page 1821 (CHAPTER 308, AB 60)κ
(3) The activities of a person that are carried out in the normal course of his or her lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Secs. 18-20. (Deleted by amendment.)
Sec. 21. NRS 201.352 is hereby amended to read as follows:
201.352 1. If a person is convicted of a violation of subsection 2 of NRS 201.300 , subsection 1 of NRS 201.301 or NRS 201.320, the victim of the violation is a child when the offense is committed and physical force or violence or the immediate threat of physical force or violence is used upon the child, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.
2. If a person is convicted of a violation of subsection 2 of NRS 201.300 , subsection 1 of NRS 201.301 or NRS 201.320, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of subsection 2 of NRS 201.300 , subsection 1 of NRS 201.301 or NRS 201.320, the court may, in addition to the punishment prescribed by statute for the offense of a provision of subsection 2 of NRS 201.300 , NRS 201.301 or [NRS] 201.320 and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000.
3. The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
Sec. 22. NRS 202.360 is hereby amended to read as follows:
202.360 1. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);
(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection [5] 7 of NRS 200.575;
(d) Except as otherwise provided in NRS 33.031, is currently subject to:
(1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect; or
(2) An equivalent order in any other state;
(e) Is a fugitive from justice;
(f) Is an unlawful user of, or addicted to, any controlled substance; or
(g) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.
Κ A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
κ2019 Statutes of Nevada, Page 1822 (CHAPTER 308, AB 60)κ
2. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
(b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
(c) Has been found guilty but mentally ill in a court of this State, any other state or the United States;
(d) Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or
(e) Is illegally or unlawfully in the United States.
Κ A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) Controlled substance has the meaning ascribed to it in 21 U.S.C. § 802(6).
(b) Firearm includes any firearm that is loaded or unloaded and operable or inoperable.
Secs. 23-36. (Deleted by amendment.)
Sec. 37. NRS 213.1258 is hereby amended to read as follows:
213.1258 1. Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection [3] 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The Board is not required to impose a condition of parole set forth in subsection 1 if the Board finds that:
(a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if the Board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Network has the meaning ascribed to it in NRS 205.4745.
(c) System has the meaning ascribed to it in NRS 205.476.
(d) Text messaging has the meaning ascribed to it in NRS 200.575.
κ2019 Statutes of Nevada, Page 1823 (CHAPTER 308, AB 60)κ
Sec. 38. NRS 217.070 is hereby amended to read as follows:
217.070 1. Victim means:
(a) A person who is physically injured or killed as the direct result of a criminal act;
(b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;
(c) A minor who was sexually abused, as sexual abuse is defined in NRS 432B.100;
(d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;
(e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;
(f) An older person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;
(g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1); [or]
(h) A person who is trafficked in violation of subsection 2 of NRS 201.300 [.] ; or
(i) A person who is subjected to facilitating sex trafficking in violation of subsection 1 of NRS 201.301.
2. The term includes any person who was harmed by an act listed in subsection 1, regardless of whether:
(a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or
(b) The act was committed by an adult or a minor.
Sec. 39. NRS 217.180 is hereby amended to read as follows:
217.180 1. Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim, the prior case or social history, if any, of the victim, the need of the victim or the dependents of the victim for financial aid and other relevant matters.
2. If the case involves a victim of domestic violence, sexual assault , facilitating sex trafficking or sex trafficking, the compensation officer shall not consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim.
3. If the applicant has received or is likely to receive an amount on account of the applicants injury or the death of another from:
(a) The person who committed the crime that caused the victims injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) Another private or public source or program of assistance,
Κ the applicant shall report the amount received or that the applicant is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Board the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicants total expenses.
κ2019 Statutes of Nevada, Page 1824 (CHAPTER 308, AB 60)κ
officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicants total expenses.
4. An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.
5. As used in this section:
(a) Domestic violence means an act described in NRS 33.018.
(b) Facilitating sex trafficking means a violation of NRS 201.301.
(c) Public source or program of assistance means:
(1) Public assistance, as defined in NRS 422A.065;
(2) Social services provided by a social service agency, as defined in NRS 430A.080; or
(3) Other assistance provided by a public entity.
[(c)] (d) Sex trafficking means a violation of subsection 2 of NRS 201.300.
[(d)] (e) Sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 40. NRS 228.460 is hereby amended to read as follows:
228.460 1. The Account for Programs Related to Domestic Violence is hereby created in the State General Fund. Any [administrative assessment] fee imposed and collected pursuant to [NRS 200.485] section 3.5 of this act must be deposited with the State Controller for credit to the Account.
2. The Ombudsman for Victims of Domestic Violence:
(a) Shall administer the Account for Programs Related to Domestic Violence; and
(b) May expend money in the Account only to pay for expenses related to:
(1) The Committee;
(2) Training law enforcement officers, attorneys and members of the judicial system about domestic violence;
(3) Assisting victims of domestic violence and educating the public concerning domestic violence; and
(4) Carrying out the duties and functions of his or her office.
3. All claims against the Account for Programs Related to Domestic Violence must be paid as other claims against the State are paid.
Sec. 41. NRS 228.470 is hereby amended to read as follows:
228.470 1. The Attorney General shall appoint a Committee on Domestic Violence comprised of the Attorney General or a designee of the Attorney General and:
(a) One staff member of a program for victims of domestic violence;
(b) One staff member of a program for the treatment of persons who commit domestic violence;
(c) One representative from an office of the district attorney with experience in prosecuting criminal offenses;
(d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;
(e) One law enforcement officer;
(f) One provider of mental health care;
(g) Two victims of domestic violence;
(h) One justice of the peace or municipal judge; and
(i) Any other person appointed by the Attorney General.
κ2019 Statutes of Nevada, Page 1825 (CHAPTER 308, AB 60)κ
Κ Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years. At least two members of the Committee must be residents of a county whose population is less than 100,000.
2. The Committee shall:
(a) Increase awareness of the existence and unacceptability of domestic violence in this State;
(b) Review programs for the treatment of persons who commit domestic violence and make recommendations to the Division of Public and Behavioral Health of the Department of Health and Human Services for the certification of such programs pursuant to NRS 439.258;
(c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the Peace Officers Standards and Training Commission regarding such training;
(d) To the extent that money is available, provide financial support to programs for the prevention of domestic violence in this State;
(e) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services; and
(f) Submit on or before March 1 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. In preparing the report, the Committee shall solicit comments and recommendations from district judges, municipal judges and justices of the peace in rural Nevada. The report must include, without limitation:
(1) A summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence; and
(2) All comments and recommendations received by the Committee.
3. The Attorney General shall appoint a subcommittee of members of the Committee to carry out the duties prescribed in paragraph (b) of subsection 2.
4. The Attorney General or the designee of the Attorney General is the Chair of the Committee.
[4.] 5. The Committee shall annually elect a Vice Chair, Secretary and Treasurer from among its members.
[5.] 6. The Committee shall meet regularly at least three times in each calendar year and may meet at other times upon the call of the Chair. Any six members of the Committee constitute a quorum . [for the purpose of voting.] A majority vote of the quorum is required to take action with respect to any matter.
[6.] 7. At least one meeting in each calendar year must be held at a location within the Fourth Judicial District, Fifth Judicial District, Sixth Judicial District, Seventh Judicial District or Eleventh Judicial District.
[7.] 8. The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.
[8.] 9. While engaged in the business of the Committee, each member and employee of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
10. The Committee may adopt regulations necessary to carry out its duties pursuant to NRS 228.470 to 228.497, inclusive.
κ2019 Statutes of Nevada, Page 1826 (CHAPTER 308, AB 60)κ
Sec. 42. NRS 432.157 is hereby amended to read as follows:
432.157 1. The Office of Advocate for Missing or Exploited Children is hereby created within the Office of the Attorney General. The Advocate for Missing or Exploited Children may be known as the Childrens Advocate.
2. The Attorney General shall appoint the Childrens Advocate. The Childrens Advocate is in the unclassified service of the State.
3. The Childrens Advocate:
(a) Must be an attorney licensed to practice law in this state;
(b) Shall advise and represent the Clearinghouse on all matters concerning missing or exploited children in this state; and
(c) Shall advocate the best interests of missing or exploited children before any public or private body.
4. The Childrens Advocate may:
(a) Appear as an amicus curiae on behalf of missing or exploited children in any court in this state;
(b) If requested, advise a political subdivision of this state concerning its duty to protect missing or exploited children;
(c) Recommend legislation concerning missing or exploited children; and
(d) Investigate and prosecute any alleged crime involving the exploitation of children, including, without limitation, sex trafficking in violation of subsection 2 of NRS 201.300 , a violation of subsection 1 of NRS 201.301 or a violation of NRS 201.320.
5. Upon request by the Childrens Advocate, a district attorney or local law enforcement agency in this state shall provide all information and assistance necessary to assist the Childrens Advocate in carrying out the provisions of this section.
6. The Childrens Advocate may apply for any available grants and accept gifts, grants, bequests, appropriations or donations to assist the Childrens Advocate in carrying out his or her duties pursuant to this section. Any money received by the Childrens Advocate must be deposited in the Special Account for the Support of the Office of Advocate for Missing or Exploited Children, which is hereby created in the State General Fund.
7. Interest and income earned on money in the Special Account must be credited to the Special Account.
8. Money in the Special Account may only be used for the support of the Office of Advocate for Missing or Exploited Children and its activities pursuant to subsection 2 of NRS 201.300, subsection 1 of NRS 201.301, NRS 201.320 and 432.150 to 432.220, inclusive.
9. Money in the Special Account must remain in the Special Account and must not revert to the State General Fund at the end of any fiscal year.
Sec. 43. NRS 432B.640 is hereby amended to read as follows:
432B.640 1. Upon receiving a referral from a court pursuant to subsection [8] 9 of NRS 200.485, an agency which provides child welfare services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.
2. If an agency which provides child welfare services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling would benefit the child, the agency may, with the approval of the parent or legal guardian of the child:
κ2019 Statutes of Nevada, Page 1827 (CHAPTER 308, AB 60)κ
(a) Conduct the evaluation or counseling; or
(b) Refer the child to a person that has entered into an agreement with the agency to provide those services.
Sec. 43.5. NRS 481.091 is hereby amended to read as follows:
481.091 1. The following persons may request that the Department display an alternate address on the persons drivers license, commercial drivers license or identification card:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of the court, court administrator or court executive officer in this State.
(e) Any [district attorney or attorney employed by the district attorney] prosecutor who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (f), inclusive.
(h) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (f), inclusive, who was killed in the performance of his or her duties.
2. A person who wishes to have an alternate address displayed on his or her drivers license, commercial drivers license or identification card pursuant to this section must submit to the Department satisfactory proof:
(a) That he or she is a person described in subsection 1; and
(b) Of the persons address of principal residence and mailing address, if different from the address of principal residence.
3. A person who obtains a drivers license, commercial drivers license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her drivers license, commercial drivers license or identification card instead of the alternate address.
4. The Department may adopt regulations to carry out the provisions of this section.
Secs. 44 and 45. (Deleted by amendment.)
Sec. 46. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1828κ
Assembly Bill No. 286Assemblymen Frierson and Backus
CHAPTER 309
[Approved: June 3, 2019]
AN ACT relating to personal financial administration; revising provisions relating to certain fees charged by the clerk of the court; revising provisions relating to the statutory rule against perpetuities; clarifying certain provisions relating to nonprobate transfer of property upon death; providing that certain sums derived from the sale of a homestead are exempt from the execution of a judgment in certain circumstances; revising provisions that govern the transfer of community property or separate property into a trust; revising certain provisions that govern wills and estates of deceased persons; revising certain provisions of the Uniform Powers of Appointment Act; revising certain provisions that govern trusts and the administration of trusts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the clerk of the court is required to charge and collect certain fees on the filing of a petition for letters testamentary or letters of administration for an estate that is valued at $200,000 or more and for an estate that is valued at more than $20,000 but less than $200,000. (NRS 19.0302) Section 1 of this bill increases the $200,000 amount to $300,000.
Existing law sets forth the Uniform Statutory Rule Against Perpetuities. (NRS 111.103-111.1039) This rule provides that a property interest which has not vested is invalid unless: (1) when the property interest is created, it is certain to vest or terminate no later than 21 years after the death of a person who is alive when the interest is created; or (2) the property interest either vests or terminates within 365 years after its creation. (NRS 111.1031) Existing law further provides that if language in a governing instrument for a trust or other property arrangement seeks to disallow or postpone the vesting or termination of any interest or trust beyond or until the later of the expiration of a period of time not exceeding or that exceeds or might exceed 21 years after the death of certain persons, such language is inoperative to the extent that it produces a period of time that exceeds 21 years after the death of certain persons. (NRS 111.1031) Section 4 of this bill removes this limitation on a governing instrument for a trust or other property.
Article 15, Section 4 of the Nevada Constitution provides that [n]o perpetuities shall be allowed except for eleemosynary purposes. According to the Nevada Supreme Court, eleemosynary is synonymous with charitable,... (Nixon v. Brown, 46 Nev. 439, 457 (1923)) The constitutional provision against perpetuities is directed at private trusts and not at public or charitable trusts. Id. Existing law provides exclusions to which the statutory rule against perpetuities does not apply. (NRS 111.1037) Section 5 of this bill provides that the statutory rule against perpetuities does not apply to a property interest in or a power of appointment with respect to certain trusts or other property arrangements that were established for eleemosynary purposes.
Existing law sets forth various provisions governing nonprobate transfer of property upon death. (NRS 111.700-111.815) Existing law provides that a creditor has no claim against property transferred according to a power of appointment that was exercised by a decedent unless it was exercisable in favor of the decedent or the decedents estate. (NRS 111.779) Section 6 of this bill provides that a creditor has no claim against property transferred according to a power of appointment that was exercised by a decedent unless the power of appointment was actually exercised in favor of the decedent or the decedents estate.
κ2019 Statutes of Nevada, Page 1829 (CHAPTER 309, AB 286)κ
no claim against property transferred according to a power of appointment that was exercised by a decedent unless the power of appointment was actually exercised in favor of the decedent or the decedents estate.
Existing law provides that a homestead is not subject to forced sale on execution or any final process from any court, subject to certain exceptions. Existing law further provides that this exemption for homesteads extends only to the amount of equity in the property which does not exceed $550,000 in value. (NRS 115.010) Existing law defines homestead to mean the property consisting of: (1) a quantity of land, together with the dwelling house and its appurtenances; (2) a mobile home; or (3) a unit existing in a common-interest community or a condominium project. (NRS 115.005) Existing law provides that if the equity in the homestead exceeds the sum of $550,000, the judge shall determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury. If such division cannot occur, existing law requires: (1) the judge to order the entire property to be sold; and (2) that, from the proceeds of such a sale, the sum of $550,000 must be paid to the defendant in execution, with certain rules applying when the execution is against a spouse. (NRS 115.050) Section 7 of this bill provides that if the sum of $550,000 is paid to the defendant in execution or to a spouse, then the sum of $550,000 generally possesses all the protections that the original homestead possessed. Existing law provides that the homestead is exempt from execution of a judgment. (NRS 21.090) Section 2 of this bill provides that the sum of $550,000 that is paid to the defendant or spouse is also generally exempt from execution of a judgment. Sections 1.5 and 3 of this bill make conforming changes. Section 6.5 of this bill provides that the proceeds of $550,000 from the sale of a homestead are only exempt from execution if: (1) such proceeds are reinvested in another property of like kind for which the declaration of a homestead will be made; and (2) the other property is identified not later than 45 days after the sale of the homestead and taken possession of not later than 180 days after the sale of the homestead.
Existing law authorizes a trust instrument to provide that community property or separate property transferred into an irrevocable trust of which both spouses are current permissible beneficiaries remains community property or separate property, as applicable, during the marriage. (NRS 123.125) Section 8 of this bill authorizes a trust instrument to provide that community property or separate property transferred into an irrevocable trust of which both spouses are distribution beneficiaries remains community property or separate property, as applicable, during the marriage. The Nevada Supreme Court found that [t]ransmutation from separate to community property must be shown by clear and convincing evidence. (Sprenger v. Sprenger, 110 Nev. 855, 858 (1994)) Section 8 incorporates this standard by requiring a spouse or party to a case to establish by clear and convincing evidence the transmutation of community property or separate property that is transferred into a trust into separate property or community property, as applicable.
Existing law provides that kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the decedent from an ancestor, in which case those who are not of the blood of the ancestor are excluded from the inheritance. (NRS 134.160) Section 10 of this bill provides that kindred of the half blood inherit equally with those of the whole blood in the same degree.
Existing law grants exclusive jurisdiction of the settlement of an estate to the district court in the county where the decedent was a resident at the time of death. Existing law provides that the estate of a nonresident decedent may be settled by the district court of any county in which part of the estate is located. (NRS 136.010) Section 11 of this bill provides that the estate of a decedent may be settled by the district court of any county in which any part of the estate is located or where the decedent was a resident at the time of death. Section 11 further provides that if the decedent was a resident of this State at his or her time of death, the district court of any county in this State may assume jurisdiction of the settlement of the estate only after considering the convenience of the forum to certain parties. Section 11 additionally provides that after a properly noticed hearing is held, the district court that first assumes jurisdiction of the settlement of an estate has exclusive jurisdiction of the settlement of that estate.
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additionally provides that after a properly noticed hearing is held, the district court that first assumes jurisdiction of the settlement of an estate has exclusive jurisdiction of the settlement of that estate. Existing law requires a petition for the probate of a will and issuance of letters to state certain facts and information. (NRS 136.090) Section 12 of this bill requires such a petition to state how the district court in which the petition is being filed is a convenient forum to certain parties.
Existing law sets forth the procedure for petitioning for probate and proving a lost or destroyed will by using a copy of such a lost or destroyed will or a statement of the testamentary words. Existing law further provides that the production of a persons lost or destroyed will, whose primary beneficiary is a certain nontestamentary trust, creates a rebuttable presumption that the will had not been revoked. (NRS 136.240) Section 13 of this bill provides that the production of a copy of a persons lost or destroyed will, whose provisions are clearly and distinctly proved by two or more credible witnesses, creates a rebuttable presumption that the will had not been revoked. Section 13 further provides that a person may overcome these presumptions only by proving by a preponderance of the evidence that the person whose will it is claimed to be destroyed the will with the intent to revoke the will before his or her death.
Existing law provides for the enforcement of a no-contest clause in a will or trust. (NRS 137.005, 163.00195) Sections 14 and 23 of this bill provide, with certain exceptions, that a no-contest clause in a will or trust must be enforced by a court according to the terms expressly stated in the no-contest clause. Sections 14 and 23 expand the number of exceptions to enforcing a no-contest clause in a will or trust.
Existing law authorizes a court, by temporary order, to: (1) restrain a personal representative or a trustee from performing certain acts; or (2) enter any other order to secure proper performance of the duties of the office. Any temporary order entered by a court must be set for hearing within 10 days after entry of the temporary order and notice must be given to the personal representative or trustee. (NRS 143.165, 163.115) Sections 15 and 22 of this bill authorize a court to enter an ex parte order: (1) restraining a personal representative or a trustee from performing certain acts; or (2) enter any other order to secure proper performance of the duties of the office that is effective until further order of the court. Sections 15 and 22 authorize a court to impose a fine on an interested person or a beneficiary who obtains an ex parte order without probable cause and further authorize the court to terminate an ex parte order in certain circumstances. Sections 25 and 27-31 of this bill make conforming changes.
After the filing of the inventory of an estate, existing law: (1) authorizes a court to set apart for the use of the surviving spouse, minor child or minor children of the decedent all of the personal property which is exempt by law from execution; and (2) requires a court to set apart the homestead. Such property set apart by a court is not subject to administration of the estate. (NRS 146.020) Section 16 of this bill removes the provision that such setting apart must happen after the filing of the inventory of the estate. If, after setting apart the property, the remaining assets of the estate do not exceed $100,000 and may be set aside without administration, section 16 requires the court to follow the procedure used to set aside the remaining assets of the estate without administration. If, after setting apart the property, the remaining assets of the estate exceed $100,000 and may not be set aside without administration, section 16 requires the court to administer the remaining assets of the estate as if the remaining assets of the estate are the only assets of the estate.
During the 2017 Legislative Session, the Nevada Legislature adopted the Uniform Powers of Appointment Act. (Chapter 162B of NRS) Sections 17-21 of this bill revise certain provisions of the Act.
Existing law provides that, unless the terms of the instrument creating a power of appointment manifest a contrary intent, the creation, revocation or amendment of the power and the exercise, release or disclaimer of the power is governed by the law of the donors or powerholders domicile at the relevant time. (NRS 162B.105) Section 17 of this bill provides that, unless the terms of the instrument creating a power of appointment manifest a contrary intent, the creation, revocation or amendment of the power and the exercise, release or disclaimer of the power is valid if permitted under any of: (1) the governing law adopted by the instrument; or (2) the law of the donors or powerholders domicile at the relevant time.
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power and the exercise, release or disclaimer of the power is valid if permitted under any of: (1) the governing law adopted by the instrument; or (2) the law of the donors or powerholders domicile at the relevant time.
Existing law provides that a power of appointment is created only if the instrument creating the power: (1) is valid under applicable law; and (2) except in certain situations, transfers the appointive property. (NRS 162B.200) Section 18 of this bill removes the requirement that the instrument creating the power must transfer the appointive property.
Existing law authorizes a powerholder of a nongeneral power, unless the terms of the instrument creating a power of appointment manifest a contrary intent, to create a general power in a permissible appointee. (NRS 162B.320) Section 19 of this bill authorizes a powerholder of a nongeneral power, unless the terms of the instrument creating a power of appointment manifest a contrary intent, to create a general power or a nongeneral power in a permissible appointee.
Existing law authorizes a powerholder to revoke or amend an exercise of a power of appointment only in certain situations. (NRS 162B.365) Section 20 of this bill authorizes a powerholder to revoke or amend an exercise of a power appointment unless expressly prohibited by the instrument.
Existing law provides that appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of certain creditors. (NRS 162B.510) Section 21 of this bill provides that such property subject to a general power of appointment is not subject to a claim of any creditor, unless the power of appointment was actually exercised in favor of the decedent or the decedents estate.
Existing law provides that a trust is irrevocable by the settlor except to the extent that a right to amend or a right to revoke the trust is expressly reserved by the settlor. (NRS 163.004) Section 24 of this bill provides that, in addition to situations where a settlor reserves a right of revocation, one or more other persons may amend or revoke a trust if such a right is granted to such persons under the terms of the trust instrument.
Existing law authorizes a beneficiary or cotrustee to maintain a proceeding if a trustee commits or threatens to commit a breach of trust. (NRS 163.115) Section 26 of this bill authorizes a settlor, cotrustee or beneficiary of a trust or a court, on its own initiative, to request a court to remove a trustee in certain circumstances. Section 26 further authorizes the court to order that a settlor, cotrustee or beneficiary of a trust who institutes a proceeding against a trustee without good faith and not based on probable cause pay all or any part of the costs of the proceeding, including reasonable attorneys fees.
Existing law sets forth the circumstances under which a trustee may appoint property of one trust to a second trust. Existing law prohibits a trustee from appointing property of the original trust to a second trust in certain circumstances, including where property held for the benefit of one or more beneficiaries under both the original and second trust has a lower value than the value of the property held for the benefit of such beneficiaries under only the original trust. (NRS 163.556) Section 32 of this bill removes this prohibition.
Existing law authorizes a trust to refer to a written statement or list to dispose of items of tangible personal property not otherwise disposed of by the trust. Existing law prohibits such a statement or list from disposing of money, evidences of indebtedness, documents of title, securities and property used in a trade or business. (NRS 163.590) Section 33 of this bill authorizes such a statement or list to dispose of items of trust property not otherwise specifically disposed of by the trust. Section 33 further provides that such a statement or list may be used to dispose of all items of trust property, regardless of whether the trust property is real or personal property or tangible or intangible property. Section 33 authorizes the trust instrument to limit the use of such statement or list to: (1) only dispose of tangible personal property; or (2) prevent the statement or list from being used to dispose of certain types of property.
Senate Bill No. 484 of the 78th Legislative Session replaced the term excluded fiduciary with directed fiduciary. (Chapter 524, Statutes of Nevada 2015, p. 3518) Existing law still defines excluded fiduciary although this term has been replaced.
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Existing law still defines excluded fiduciary although this term has been replaced. (NRS 163.5539) Section 47 of this bill repeals the definition for excluded fiduciary. Section 46 of this bill makes a conforming change.
Existing law sets forth various requirements for the expenses and compensation of a trustee of a testamentary trust. (NRS 153.070) Section 34 of this bill adds similar requirements for the expenses and compensation of a trustee of a nontestamentary trust.
Existing law authorizes the trustee of a nontestamentary trust, after the death of the settlor of the trust, to publish a notice and mail a copy of the notice to known or readily ascertainable creditors. Such a notice must comply with the format provided in existing law. (NRS 164.025) Section 35 of this bill creates an additional format for such a notice for a claim against a settlor.
Existing law authorizes virtual representation in the administration of trusts. Under existing law, certain persons may be represented by another person who has a substantially similar interest with respect to the question or dispute. (NRS 164.038) Section 36 of this bill authorizes a powerholder of a power of appointment to represent and bind a person who is a permissible appointee or a taker in default of appointment.
Existing law sets forth that the laws of this State govern the validity and construction of a trust in certain situations. Existing law further prohibits a trust instrument or designation from extending the duration of the trust beyond the rule against perpetuities that is otherwise applicable to the trust at the time of its creation. (NRS 164.045) Section 37 of this bill removes this prohibition.
Existing law provides that a provision in a will or trust instrument requiring the arbitration of certain disputes between or among certain parties is enforceable. (NRS 164.930) Existing law requires an agreement, including an agreement requiring a person to submit to arbitration of any dispute arising between the parties to the agreement, to include a provision indicating that the person has affirmatively agreed to the arbitration requirement. (NRS 597.995) Section 38 of this bill clarifies that this affirmative agreement to arbitration requirement does not apply to an arbitration provision in a will or trust. Section 45 of this bill makes a conforming change.
Existing law authorizes the terms of a trust instrument to expand, restrict, eliminate or otherwise vary the rights and interests of beneficiaries in certain manners that are not illegal or against public policy. (NRS 165.160) Section 47 of this bill repeals this existing law.
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 19.0302 is hereby amended to read as follows:
19.0302 1. Except as otherwise provided by specific statute and in addition to any other fee required by law, the clerk of the court shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the district court, other than those listed in paragraphs (c), (e) and (f), or on the transfer of any action or proceeding from a district court of another county, to be paid by the party commencing the action, proceeding or transfer.............................................................................. $99
(b) On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants......................................... $99
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(c) On the filing of a petition for letters testamentary or letters of administration, which fee does not include the court fee prescribed by NRS 19.020, to be paid by the petitioner:
(1) Where the stated value of the estate is [$200,000] $300,000 or more $352
(2) Where the stated value of the estate is more than $20,000 but less than [$200,000] $300,000 $99
(3) Where the stated value of the estate is $20,000 or less, no fee may be charged or collected.
(d) On the filing of a motion for summary judgment or a joinder thereto $200
(e) On the commencement of an action defined as a business matter pursuant to the local rules of practice and on the answer or appearance of any party in any such action or proceeding, to be paid by the party commencing, answering or appearing in the action or proceeding thereto........................................................................... $1,359
(f) On the commencement of:
(1) An action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive; or
(2) Any other action defined as complex pursuant to the local rules of practice,
Κ and on the answer or appearance of any party in any such action or proceeding, to be paid by the party commencing, answering or appearing in the action or proceeding...................................... $349
(g) On the filing of a third-party complaint, to be paid by the filing party $135
(h) On the filing of a motion to certify or decertify a class, to be paid by the filing party $349
(i) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court............................................................................................ $10
2. Except as otherwise provided in subsection 4, fees collected pursuant to this section must be deposited into a special account administered by the county and maintained for the benefit of the district court. The money in that account must be used only:
(a) To offset the costs for adding and maintaining new judicial departments, including, without limitation, the cost for additional staff;
(b) To reimburse the county for any capital costs incurred for maintaining any judicial departments that are added by the 75th Session of the Nevada Legislature; and
(c) If any money remains in the account in a fiscal year after satisfying the purposes set forth in paragraphs (a) and (b), to:
(1) Acquire land on which to construct additional facilities for the district court or a regional justice center that includes the district court;
(2) Construct or acquire additional facilities for the district court or a regional justice center that includes the district court;
(3) Renovate or remodel existing facilities for the district court or a regional justice center that includes the district court;
(4) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the district court or a regional justice center that includes the district court;
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(5) Acquire advanced technology;
(6) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the district court or a regional justice center that includes the district court;
(7) In a county whose population is less than 100,000, support court appointed special advocate programs for children, at the discretion of the judges of the judicial district;
(8) In a county whose population is less than 100,000, support legal services to the indigent and to be used by the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent; or
(9) Be carried forward to the next fiscal year.
3. Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the clerk of the court.
4. Each clerk of the court shall, on or before the fifth day of each month, account for and pay to the county treasurer:
(a) In a county whose population is 100,000 or more, an amount equal to $10 of each fee collected pursuant to paragraphs (a) and (b) of subsection 1 during the preceding month. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the clerk of the court pursuant to this paragraph.
(b) All remaining fees collected pursuant to this section during the preceding month.
Sec. 1.5. NRS 21.075 is hereby amended to read as follows:
21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
A court has determined that you owe money to .................... (name of person), the judgment creditor. The judgment creditor has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
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1. Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment benefits.
7. Payments received as unemployment compensation.
8. Veterans benefits.
9. A homestead in a dwelling or a mobile home, including, subject to the provisions of section 6.5 of this act, the proceeds from the sale of such property, not to exceed $550,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11. A vehicle, if your equity in the vehicle is less than $15,000.
12. Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage was $770 or less on the date the most recent writ of garnishment was issued, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage exceeded $770 on the date the most recent writ of garnishment was issued, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
13. Money, not to exceed $1,000,000 in present value, held in:
(a) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;
(b) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;
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(c) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
14. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
15. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
16. Regardless of whether a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a contingent interest, if the contingency has not been satisfied or removed;
(b) A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;
(c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;
(d) Certain powers held by a trust protector or certain other persons; and
(e) Any power held by the person who created the trust.
17. If a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and
(b) A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.
18. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
19. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
20. Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
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pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
21. Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
22. Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
23. Payments received as restitution for a criminal act.
24. Personal property, not to exceed $10,000 in total value, if the property is not otherwise exempt from execution.
25. A tax refund received from the earned income credit provided by federal law or a similar state law.
26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
Κ These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing to determine whether the property or money is exempt must be held within 7 judicial days after the objection to the claim of exemption and notice for the hearing is filed.
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determine whether the property or money is exempt must be held within 7 judicial days after the objection to the claim of exemption and notice for the hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.
IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Sec. 2. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:
(a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.
(b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.
(d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.
(e) The cabin or dwelling of a miner or prospector, the miners or prospectors cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtors equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any workweek, 82 percent of the disposable earnings of a judgment debtor during that week if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued was $770 or less, 75 percent of the disposable earnings of a judgment debtor during that week if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued exceeded $770, or 50 times the minimum hourly wage prescribed by section 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax.
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jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1) Disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
(2) Earnings means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance.
(l) The homestead as provided for by law, including [a] :
(1) Subject to the provisions of section 6.5 of this act, the sum of $550,000 that is paid to the defendant in execution pursuant to subsection 2 of NRS 115.050 or to a spouse pursuant to subsection 3 of NRS 115.050; and
(2) A homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.
(n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
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(p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtors dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(r) Money, not to exceed $1,000,000 in present value, held in:
(1) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;
(2) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;
(3) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
(v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(x) Payments received as restitution for a criminal act.
(y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
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(z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtors equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $10,000 in total value, to be selected by the judgment debtor.
(aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
(bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
(cc) Regardless of whether a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a contingent interest, if the contingency has not been satisfied or removed;
(2) A distribution interest in the trust as defined in NRS 163.4155 that is a discretionary interest as described in NRS 163.4185, if the interest has not been distributed;
(3) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been exercised;
(4) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547 or any other person regardless of whether the power has been exercised; and
(5) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been exercised.
(dd) If a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a mandatory interest as described in NRS 163.4185, if the interest has not been distributed; and
(2) Notwithstanding a beneficiarys right to enforce a support interest, a distribution interest in the trust as defined in NRS 163.4155 that is a support interest as described in NRS 163.4185, if the interest has not been distributed.
(ee) Proceeds received from a private disability insurance plan.
(ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.
(gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.
(hh) Unemployment compensation benefits received pursuant to NRS 612.710.
(ii) Benefits or refunds payable or paid from the Public Employees Retirement System pursuant to NRS 286.670.
(jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.
(kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291 and 422A.325.
(ll) Child welfare assistance provided pursuant to NRS 432.036.
2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Reform Act of 1978, 11 U.S.C. §§ 101 et seq., do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.
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to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.
Sec. 3. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
Κ If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Plaintiff, .................... (name of person), alleges that you owe the plaintiff money. The plaintiff has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment benefits.
7. Payments received as unemployment compensation.
8. Veterans benefits.
9. A homestead in a dwelling or a mobile home, including, subject to the provisions of section 6.5 of this act, the proceeds from the sale of such property, not to exceed $550,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
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(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or the landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11. A vehicle, if your equity in the vehicle is less than $15,000.
12. Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
13. Money, not to exceed $500,000 in present value, held in:
(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
14. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
15. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
16. Regardless of whether a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a contingent interest, if the interest has not been satisfied or removed;
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(b) A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;
(c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;
(d) Certain powers held by a trust protector or certain other persons; and
(e) Any power held by the person who created the trust.
17. If a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and
(b) A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.
18. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
19. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
20. Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
21. Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
22. Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
23. Payments received as restitution for a criminal act.
24. Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
25. A tax refund received from the earned income credit provided by federal law or a similar state law.
26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
Κ These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................
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(name of organization in county providing legal services to the indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing must be held within 7 judicial days after the objection to the claim of exemption and notice for a hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.
IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
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IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
Sec. 4. NRS 111.1031 is hereby amended to read as follows:
111.1031 1. A nonvested property interest is invalid unless:
(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or
(b) The interest either vests or terminates within 365 years after its creation.
2. A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of a natural person then alive; or
(b) The condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation.
3. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of a natural person then alive; or
(b) The power is irrevocably exercised or otherwise terminates within 365 years after its creation.
4. In determining whether a nonvested property interest or a power of appointment is valid under paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.
[5. If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:
(a) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or
(b) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement,
Κ that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.]
Sec. 5. NRS 111.1037 is hereby amended to read as follows:
111.1037 NRS 111.1031 does not apply to:
1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(a) A premarital or postmarital agreement;
(b) A separation or divorce settlement;
(c) A spouses election;
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(d) A similar arrangement arising out of a prospective, existing or previous marital relationship between the parties;
(e) A contract to make or not to revoke a will or trust;
(f) A contract to exercise or not to exercise a power of appointment;
(g) A transfer in satisfaction of a duty of support; or
(h) A reciprocal transfer;
2. A fiduciarys power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;
3. A power to appoint a fiduciary;
4. A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
5. A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
6. A property interest in or a power of appointment with respect to a trust or other property arrangement if such a trust or other property arrangement:
(a) Was established for eleemosynary purposes; and
(b) As set forth in the terms of such trust or other property arrangement, is to continue for an indefinite or unlimited period;
7. A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
[7.] 8. A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is expressly excluded by another statute of this state.
Sec. 6. NRS 111.779 is hereby amended to read as follows:
111.779 1. Except as otherwise provided in NRS 21.090 and other applicable law, a transferee of a nonprobate transfer is liable to the probate estate of the decedent for allowed claims against that decedents probate estate to the extent the estate is insufficient to satisfy those claims.
2. The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee.
3. Nonprobate transferees are liable for the insufficiency described in subsection 1 in the following order of priority:
(a) A transferee specified in the decedents will or any other governing instrument as being liable for such an insufficiency, in the order of priority provided in the will or other governing instrument;
(b) The trustee of a trust serving as the principal nonprobate instrument in the decedents estate plan as shown by its designation as devisee of the decedents residuary estate or by other facts or circumstances, to the extent of the value of the nonprobate transfer received or controlled; and
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(c) Other nonprobate transferees, in proportion to the values received.
4. Unless otherwise provided by the trust instrument, interests of beneficiaries in all trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if all the trust instruments were a single will and the interests were devises under it.
5. If a nonprobate transferee is a spouse or a minor child, the nonprobate transferee may petition the court to be excluded from the liability imposed by this section as if the nonprobate property received by the spouse or minor child were part of the decedents estate. Such a petition may be made pursuant to the applicable provisions of chapter 146 of NRS, including, without limitation, the provisions of NRS 146.010 [, NRS] and 146.020 [without regard to the filing of an inventory] and subsection 2 of NRS 146.070.
6. A provision made in one instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another, the later one prevails.
7. Upon due notice to a nonprobate transferee, the liability imposed by this section is enforceable in probate proceedings in this State, whether or not the transferee is located in this State.
8. If a probate proceeding is pending at the time of filing and it has been determined by a final order issued by the probate court that there are insufficient assets to pay a valid creditor, a proceeding under this section may be commenced by one of the following persons:
(a) The personal representative of the decedents estate. A personal representative who declines in good faith to commence a proceeding incurs no personal liability for declining.
(b) A creditor of the estate, if the personal representative has declined or refused to commence an action within 30 days after receiving a written demand by a creditor. Such demand must identify the nonprobate transfers known to the creditor. If the creditor is unaware of any nonprobate transfers, in the probate proceeding, the creditor may, pursuant to NRS 155.170, obtain discovery, perpetuate testimony or conduct examinations in any manner authorized by law or by the Nevada Rules of Civil Procedure to ascertain whether any nonprobate transfers exist. If the creditor is unable to identify any nonprobate transfers within a reasonable time after conducting discovery, the creditor may not proceed under this section. If a creditor commences an action under this section:
(1) The creditor must proceed at the expense of the creditor and not of the estate.
(2) If a creditor successfully establishes an entitlement to payment under this section and collects nonprobate transfers, the court must order the reimbursement of the costs reasonably incurred by the creditor, including attorneys fees, from the transferee from whom the payment is to be made, subject to the limitations of subsection 2, or from the estate as a cost of administration, or partially from each, as the court deems just.
9. If a probate proceeding is not pending, a proceeding under this section may be commenced as a civil action by a creditor at the expense of the creditor.
10. If a proceeding is commenced pursuant to this section, it must be commenced:
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(a) If a probate proceeding is pending in which notice to creditors has been given at the time of filing a proceeding under this section:
(1) As to a creditor whose claim was properly and timely filed, allowed by the personal representative or partially allowed by the personal representative, and accepted by the creditor pursuant to NRS 147.160, within 60 days after the probate court enters an order confirming the amount of payment of the approved claim that is final and no longer subject to reconsideration or appeal or within 1 year after the decedents death, whichever is later.
(2) As to a creditor:
(I) Whose claim was rejected by the personal representative, partially allowed by the personal representative and rejected by the creditor pursuant to NRS 147.160, or deemed rejected by the personal representative pursuant to NRS 147.110;
(II) Who adjudicated the creditors claims in the proper court or by a summary adjudication; and
(III) Who obtained a favorable final judgment on its claim from the proper court,
Κ within 60 days after the probate court enters an order confirming the amount of payment of the approved claim that is final and no longer subject to reconsideration or appeal or within 1 year after the decedents death, whichever is later.
(b) If an action had been commenced against the decedent before the decedents death, the creditor receives a judgment against the decedents estate and the creditor has filed a proper and timely creditors claim against the estate, within 60 days after the probate court enters an order confirming the amount of payment of the adjudicated claim that is final and no longer subject to reconsideration or appeal or within 1 year after the decedents death, whichever is later.
(c) As to the recovery of benefits paid for Medicaid, within 3 years after the decedents death.
(d) As to all other creditors, within 1 year after the decedents death.
11. Unless a written notice asserting that a decedents probate estate is nonexistent or insufficient to pay allowed claims and statutory allowances has been received from the decedents personal representative, the following rules apply:
(a) Payment or delivery of assets by a financial institution, registrar or other obligor to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.
(b) A trustee receiving or controlling a nonprobate transfer is released from liability under this section with respect to any assets distributed to the trusts beneficiaries. Each beneficiary to the extent of the distribution received becomes liable for the amount of the trustees liability attributable to assets received by the beneficiary.
12. Except as otherwise provided in subsection 13, notwithstanding any provision of this section to the contrary:
(a) A creditor has no claim against:
(1) Property transferred pursuant to a power of appointment exercised by a decedent unless [it] the power of appointment was [exercisable] actually exercised in favor of the decedent or the decedents estate.
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(2) Property transferred pursuant to a beneficiary designation by a decedent which transfers money held by any of the following:
(I) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;
(II) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;
(III) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;
(IV) A trust forming part of a stock bonus, pension or profit-sharing plan which is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(V) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(3) Property transferred pursuant to a beneficiary designation by a decedent which transfers money, benefits or privileges that accrue in any manner out of life insurance.
(4) Proceeds of any wages of the decedent which were exempt from execution during the decedents lifetime pursuant to paragraph (g) of subsection 1 of NRS 21.090.
(5) A trust, a beneficial interest of the decedent under a trust or amount payable from a trust if the trust was created by someone other than the decedent, except to enforce a valid assignment of the decedents beneficial interest under a trust that is not a spendthrift trust.
(6) An irrevocable trust or amounts payable from a trust if the trust was properly created as a valid spendthrift trust under chapter 166 of NRS, except with respect to property transferred to the trust by the decedent to the extent permitted under subsections 1, 2 and 3 of NRS 166.170.
(b) A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a nonprobate transfer after the death of the owner, in good faith:
(1) Takes the property free of any claims or of liability to the owners estate, creditors of the owners estate, persons claiming rights as beneficiaries under the nonprobate transfer or heirs of the owners estate, in absence of actual knowledge that the transfer was improper; and
(2) Has no duty to verify sworn information relating to the nonprobate transfer. The protection provided by this subparagraph applies to information that relates to the ownership interest of the beneficiary in the property and the beneficiarys right to sell, encumber and transfer good title to a purchaser or lender and does not relieve a purchaser or lender from the notice imparted by instruments of record respecting the property.
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13. Nothing in this section exempts any real or personal property from any statute of this State that authorizes the recovery of money owed to the Department of Health and Human Services as a result of the payment of benefits from Medicaid.
14. As used in this section, devise has the meaning ascribed to it in NRS 132.095.
Sec. 6.5. Chapter 115 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law, the proceeds of $550,000 from the sale of a homestead pursuant to subsection 2 or 3 of NRS 115.050 are only exempt from execution if:
1. Such proceeds are reinvested in another property of like kind for which the declaration of a homestead will be made; and
2. The other property is:
(a) Identified not later than 45 days after the sale of the homestead; and
(b) Taken possession of not later than 180 days after the sale of the homestead.
Sec. 7. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated that the amount of equity held by the claimant in the property exceeds, to the best of the creditors information and belief, the sum of $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property and, if the amount of equity exceeds the sum of $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
2. If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, the judge shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, the judge shall order the entire property to be sold, and out of the proceeds the sum of $550,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under $550,000 may be received by the officer making the sale.
3. When the execution is against a spouse, the judge may direct the $550,000 to be deposited in court, to be paid out only upon the joint receipt of both spouses, and , except as otherwise provided in section 6.5 of this act, the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.
4. Except as otherwise provided in section 6.5 of this act, if the sum of $550,000 is paid to the defendant in execution pursuant to subsection 2 or to a spouse pursuant to subsection 3, such sum of $550,000 possesses all the protection against legal process and voluntary disposition by the defendant or spouse as did the original homestead.
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Sec. 8. NRS 123.125 is hereby amended to read as follows:
123.125 1. A trust instrument may provide that community property or separate property transferred into an irrevocable trust of which both spouses are [current permissible] distribution beneficiaries , as defined in NRS 163.415, remains community property or separate property, as applicable, during the marriage. Any community property or separate property, including, without limitation, any income, appreciation and proceeds thereof, that is distributed or withdrawn from a trust instrument containing such a provision remains community property or separate property, as applicable.
2. A spouse or other party in a case must establish by clear and convincing evidence the transmutation of community property or separate property that is transferred into a trust from, as applicable:
(a) Community property to separate property; or
(b) Separate property to community property.
3. The provisions of this section do not affect the character of community property or separate property that is transferred into a trust in any manner other than as described in this section.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 134.160 is hereby amended to read as follows:
134.160 Kindred of the half blood inherit equally with those of the whole blood in the same degree . [, unless the inheritance comes to the decedent by descent or devise from an ancestor, in which case all those who are not of the blood of the ancestor are excluded from the inheritance.]
Sec. 11. NRS 136.010 is hereby amended to read as follows:
136.010 1. [Wills may be proved and letters granted in the county where the decedent was a resident at the time of death, whether death occurred in that county or elsewhere, and the district court of that county has exclusive jurisdiction of the settlement of such estates, whether the estate is in one or more counties.
2.] The estate of a [nonresident] decedent may be settled by the district court of any county in this State:
(a) In which any part of the estate is located [. The] ; or
(b) Where the decedent was a resident at the time of death.
2. If the decedent was a resident of this State at the time of death, the district court of any county in this State, whether death occurred in that county or elsewhere, may assume jurisdiction of the settlement of the estate of the decedent only after taking into consideration the convenience of the forum to:
(a) The person named as personal representative or trustee in the will; and
(b) The heirs, devisees, interested persons or beneficiaries to the decedent or estate and their legal counsel.
3. After a properly noticed hearing is held, the district court [to which application is first made] that first assumes jurisdiction of the settlement of an estate has exclusive jurisdiction of the settlement of [estates of nonresidents.] that estate, including, without limitation:
(a) The proving of wills;
(b) The granting of letters; and
(c) The administration of the estate.
κ2019 Statutes of Nevada, Page 1853 (CHAPTER 309, AB 286)κ
Sec. 12. NRS 136.090 is hereby amended to read as follows:
136.090 1. A petition for the probate of a will and issuance of letters must state:
(a) The jurisdictional facts;
(b) Whether the person named as personal representative consents to act or renounces the right to letters;
(c) The names and residences of the heirs, next of kin and devisees of the decedent, the age of any heir, next of kin or devisee who is a minor, and the relationship of the heirs and next of kin to the decedent, so far as known to the petitioner;
(d) The character and estimated value of the property of the estate;
(e) The name of the person for whom letters are requested, and whether the person has been convicted of a felony; [and]
(f) The name of any devisee who is deceased [.] ; and
(g) How the district court in which the petition is being filed a convenient forum to:
(1) The person named as personal representative or trustee in the will; and
(2) The heirs, devisees, interested persons or beneficiaries to the decedent or estate and their legal counsel.
2. No defect of form or in the statement of jurisdictional facts actually existing voids the probate of a will.
Sec. 13. NRS 136.240 is hereby amended to read as follows:
136.240 1. The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof.
2. If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.
3. In addition, no will may be proved as a lost or destroyed will unless its provisions are clearly and distinctly proved by two or more credible witnesses and it is:
(a) Proved to have been in legal existence at the death of the person whose will it is claimed to be and has not otherwise been revoked or destroyed without the knowledge, consent or ratification of such person; or
(b) Shown to have been fraudulently destroyed in the lifetime of that person.
4. The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the State.
5. Notwithstanding any provision of this section to the contrary:
(a) The production of a persons lost or destroyed will, whose primary beneficiary is a nontestamentary trust established by the person and in existence at his or her death, creates a rebuttable presumption that the will had not been revoked.
(b) [If] The production of a copy of a persons lost or destroyed will, whose provisions are clearly and distinctly proved by two or more credible witnesses, creates a rebuttable presumption that the will had not been revoked.
(c) A person may overcome the presumption set forth in paragraph (a) or (b) only by proving by a preponderance of the evidence that the person whose will it is claimed to be destroyed the will with the intent to revoke the will before his or her death.
κ2019 Statutes of Nevada, Page 1854 (CHAPTER 309, AB 286)κ
whose will it is claimed to be destroyed the will with the intent to revoke the will before his or her death. In the absence of such evidence:
(1) The lost or destroyed will must be admitted to probate; and
(2) The court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence.
(d) For a lost or destroyed will to which the presumption set forth in paragraph (a) or (b) does not apply, if the proponent of a lost or destroyed will makes a prima facie showing that it was more likely than not left unrevoked by the person whose will it is claimed to be before his or her death, then the will must be admitted to probate in absence of an objection. If such prima facie showing has been made, the court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence in the absence of any objection.
6. If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.
Sec. 14. NRS 137.005 is hereby amended to read as follows:
137.005 1. Except as otherwise provided in [subsections 3 and] subsection 4, a no-contest clause in a will must be enforced, to the greatest extent possible, by the court according to the terms expressly stated in the no-contest clause without regard to the presence or absence of probable cause for, or the good faith or bad faith of the devisee in, taking the action prohibited by the no-contest clause. A no-contest clause in a will must be enforced by the court because public policy favors enforcing the intent of the testator. [However, because public policy does not favor forfeitures, a no-contest clause must be strictly construed by the court and must not be extended beyond the plain meaning of the express provisions of the will.]
2. [A no-contest clause must be construed to carry out the testators intent to the extent such intent is clear and unambiguous.] No extrinsic evidence is admissible to establish the testators intent concerning the no-contest clause [.] to the extent such intent is clear and unambiguous. The provisions of this subsection do not prohibit extrinsic evidence from being admitted for any other purpose authorized by law.
3. Except as otherwise provided in [subsections 3 and] subsection 4, a devisees share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the testator in the will, including, without limitation, any testamentary trust established in the will. Such conduct may include, without limitation:
(a) Conduct other than formal court action; and
(b) Conduct which is unrelated to the will itself, including, without limitation:
(1) The commencement of civil litigation against the testators probate estate or family members;
(2) Interference with the administration of a trust or a business entity;
(3) Efforts to frustrate the intent of the testators power of attorney; and
(4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the testator.
[3.] 4. Notwithstanding any provision to the contrary in the will, a no-contest clause in a will must not be enforced by a court and a devisees share must not be reduced or eliminated under a no-contest clause in a will because : [of any action taken by the devisee seeking only to:]
κ2019 Statutes of Nevada, Page 1855 (CHAPTER 309, AB 286)κ
(a) A devisee acts to:
(1) Enforce the clear and unambiguous terms of the will or any document referenced in or affected by the will;
[(b)] (2) Enforce the [devisees] legal rights of the devisee that provide the devisee standing in the probate proceeding;
[(c)] (3) Obtain court instruction with respect to the proper administration of the estate or the construction or legal effect of the will or the provisions thereof; or
[(d)] (4) Enforce the fiduciary duties of the personal representative.
[4. Notwithstanding any provision to the contrary in the will, a devisees share must not be reduced or eliminated under a no-contest clause because the devisee institutes legal action seeking to invalidate a will if the legal action is instituted and maintained in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to]
(b) The court determines by clear and convincing evidence that the conduct of the devisee was:
(1) A product of coercion or undue influence; or
(2) Caused by the lack of sufficient mental capacity to knowingly engage in the conduct.
(c) A devisee or any other interested person enters into an agreement to settle a dispute or resolve any other matter relating to the will.
(d) A devisee institutes legal action seeking to invalidate a will if the legal action is instituted and maintained in good faith and based on probable cause. For the purposes of this paragraph, legal action is based on probable cause where, based upon the facts and circumstances available to the devisee who commences such legal action, a reasonable person, properly informed and advised, would conclude that the will is invalid.
5. As to any testamentary trust, the testator is the settlor. Unless the will expressly provides otherwise, a no-contest clause in a will applies to a testamentary trust created under that will and the provisions of NRS 163.00195 apply to that trust.
6. Where a devisee takes action, asserts a cause of action or asserts a request for relief and such action or assertion violates a no-contest clause in a will, this section must not prevent the enforcement of the no-contest clause unless the action, cause of action or request for relief claims one of the exceptions to enforcement set forth in subsection 4.
7. Except as otherwise provided in subsection 4, subject to the discretion of the personal representative, as applicable:
(a) A personal representative may suspend distributions to a devisee to the extent that, under a no-contest provision, the conduct of the devisee may cause the reduction or elimination of the interest of the devisee in the trust.
(b) Until a court determines whether the interest of the devisee in the will has been reduced or eliminated, a personal representative may:
(1) Resume distributions that were suspended pursuant to paragraph (a) at any time; or
(2) Continue to suspend those distributions.
(c) To the extent that a devisee has received distributions prior to engaging in conduct that potentially would have caused the reduction or elimination of the interest of the devisee in the will under a no-contest clause, a personal representative may seek reimbursement from the devisee or may offset those distributions.
κ2019 Statutes of Nevada, Page 1856 (CHAPTER 309, AB 286)κ
elimination of the interest of the devisee in the will under a no-contest clause, a personal representative may seek reimbursement from the devisee or may offset those distributions.
8. A no-contest clause in a will applies to a codicil even if the no-contest clause was not expressly incorporated in the codicil.
9. As used in this section, no-contest clause means one or more provisions in a will that express a directive to reduce or eliminate the share allocated to a devisee or to reduce or eliminate the distributions to be made to a devisee if the devisee takes action to frustrate or defeat the testators intent as expressed in the will. The term does not include:
(a) Provisions in a will that shift or apportion attorneys fees and costs incurred by the estate against the share allocated to a devisee who has asserted an unsuccessful claim, defense or objection;
(b) Provisions in a will that permit a personal representative to delay distributions to a devisee;
(c) Provisions in a will that require the arbitration of disputes involving the will; or
(d) A forum selection clause in the will.
Sec. 15. NRS 143.165 is hereby amended to read as follows:
143.165 1. On petition or ex parte application of an interested person, the court , [by temporary order,] with or without bond, may [restrain] enter an ex parte order restraining a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office [.] to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the personal representative otherwise may take [some] action that would jeopardize unreasonably the interest of the petitioner , [or] of some other interested person or the estate, the court may enter the [temporary] ex parte order. A person with whom the personal representative may transact business may be made a party to the [temporary] ex parte order.
2. [The matter] Any ex parte orders entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the [temporary] ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the estate.
3. Notice [as the court directs] of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the personal representative and the attorney of record of the personal representative, if any, [and] to any other party named as a party in the [temporary] ex parte order [.] and as otherwise directed by the court.
4. The court may impose a fine on an interested person who obtains an ex parte order pursuant to this section without probable cause.
5. The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the personal representative if it no longer appears to the court that the personal representative otherwise may take action that would jeopardize unreasonably the interest of the petitioner, of some other interested person or the estate.
Sec. 16. NRS 146.020 is hereby amended to read as follows:
146.020 [Upon the filing of the inventory or at any time thereafter during the administration of the estate, the]
κ2019 Statutes of Nevada, Page 1857 (CHAPTER 309, AB 286)κ
1. The court, on its own motion or upon petition by an interested person, may, if deemed advisable considering the needs and resources of the surviving spouse, minor child or minor children, set apart for the use of the surviving spouse, minor child or minor children of the decedent all of the personal property which is exempt by law from execution, and shall, in accordance with NRS 146.050, set apart the homestead, as designated by the general homestead law then in force, whether the homestead has theretofore previously been selected as required by law or not, and the property thus set apart is not subject to administration.
2. If, after setting apart the property pursuant to subsection 1, the remaining assets of the estate do not exceed $100,000 and may be set aside without administration pursuant to NRS 146.070, the court shall set aside the remaining assets of the estate without administration pursuant to the procedure set forth in NRS 146.070. The court may consider at the same time a petition made pursuant to subsection 1 and a petition to set aside the remaining assets of the estate without administration pursuant to NRS 146.070.
3. If, after setting apart the property pursuant to subsection 1, the remaining assets of the estate exceed $100,000 and may not be set aside without administration pursuant to NRS 146.070, the court shall administer the remaining assets of the estate pursuant to this title as if the remaining assets of the estate are the only assets of the estate. If the petition to set apart property pursuant to subsection 1 is made in the initial petition, the court shall consider only the value of the remaining assets of the estate not set apart pursuant to subsection 1 for the purpose of ordering summary administration pursuant to chapter 145 of NRS.
Sec. 17. NRS 162B.105 is hereby amended to read as follows:
162B.105 Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
1. The creation, revocation or amendment of the power is [governed by the] valid if permitted under any of:
(a) The governing law adopted by the instrument creating the power; or
(b) The law of the donors domicile at the relevant time; and
2. The exercise, release or disclaimer of the power, or the revocation or amendment of the exercise, release or disclaimer of the power, is [governed by the] valid if permitted under any of:
(a) The governing law adopted by the instrument creating the power;
(b) The governing law adopted by the instrument exercising, releasing or disclaiming the power, or revoking or amending the exercise, release or disclaimer of the power; or
(c) The law of the powerholders domicile at the relevant time.
Sec. 18. NRS 162B.200 is hereby amended to read as follows:
162B.200 1. A power of appointment is created only if:
(a) The instrument creating the power [:
(1) Is] is valid under applicable law; and
[(2) Except as otherwise provided in subsection 2, transfers the appointive property; and]
(b) The terms of the instrument creating the power manifest the donors intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
κ2019 Statutes of Nevada, Page 1858 (CHAPTER 309, AB 286)κ
2. [Subparagraph (2) of paragraph (a) of subsection 1 does not apply to the creation of a power of appointment by the exercise of a power of appointment.
3.] A power of appointment may not be created in a deceased individual.
[4.] 3. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
Sec. 19. NRS 162B.320 is hereby amended to read as follows:
162B.320 1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholders estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholders own property.
2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholders estate may appoint only to those creditors.
3. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:
(a) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
(b) Create a general power or a nongeneral power in a permissible appointee; or
(c) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.
Sec. 20. NRS 162B.365 is hereby amended to read as follows:
162B.365 A powerholder may revoke or amend an exercise of a power of appointment [only to the extent that:] unless:
1. The [powerholder reserves a power of revocation or amendment in] terms of the instrument exercising the power of appointment [and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or] expressly state that the exercise is irrevocable or unamendable;
2. The terms of the instrument creating the power of appointment [provide] expressly state that the exercise is [revocable or amendable.] irrevocable or unamendable; or
3. The property is subject to a present exercisable power of appointment that has been delivered to the permissible appointee in whose favor the power was exercised, regardless of whether such delivery was made outright, in trust or as custodial property pursuant to chapter 167 of NRS.
Sec. 21. NRS 162B.510 is hereby amended to read as follows:
162B.510 1. [Except as otherwise provided in subsection 2, appointive] Appointive property subject to a general power of appointment created by a person other than the powerholder is not subject to a claim of [a] any creditor [of:
(a) The powerholder, to the extent the powerholders property is insufficient, if the power is presently exercisable; and
(b) The powerholders estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.] , unless the power of appointment was actually exercised in favor of the decedent or the decedents estate pursuant to subparagraph (1) of paragraph (a) of subsection 12 of NRS 111.779.
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2. Subject to subsection 3 of NRS 162B.530, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individuals health, education, support or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), as those provisions existed on October 1, 2017, is treated for purposes of NRS 162B.500 to 162B.530, inclusive, as a nongeneral power.
Sec. 22. Chapter 163 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On petition or ex parte application of a beneficiary or trustee, the court, with or without bond, may enter an ex parte order restraining a trustee from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust, the court may enter the ex parte order. A person with whom the personal representative may transact business may be made a party to the ex parte order.
2. An ex parte order entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the trust.
3. Notice of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the ex parte order and as otherwise directed by the court.
4. The court may impose a fine on a beneficiary or trustee who obtains an ex parte order pursuant to this section without probable cause.
5. The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the trustee if it no longer appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust.
Sec. 23. NRS 163.00195 is hereby amended to read as follows:
163.00195 1. Except as otherwise provided in [subsections 3 and] subsection 4, a no-contest clause in a trust must be enforced, to the greatest extent possible, by the court according to the terms expressly stated in the no-contest clause without regard to the presence or absence of probable cause for, or the good faith or bad faith of the beneficiary in, taking the action prohibited by the no-contest clause. A no-contest clause in a trust must be enforced by the court because public policy favors enforcing the intent of the settlor. [However, because public policy does not favor forfeitures, a no-contest clause must be strictly construed by the court and must not be extended beyond the plain meaning of the express provisions of the trust.]
2. [A no-contest clause must be construed to carry out the settlors intent to the extent such intent is clear and unambiguous.] No extrinsic evidence is admissible to establish the settlors intent concerning the no-contest clause [.] to the extent such intent is clear and unambiguous. The provisions of this subsection do not prohibit extrinsic evidence from being admitted for any other purpose authorized by law.
κ2019 Statutes of Nevada, Page 1860 (CHAPTER 309, AB 286)κ
provisions of this subsection do not prohibit extrinsic evidence from being admitted for any other purpose authorized by law.
3. Except as otherwise provided in [subsections 3 and] subsection 4, a beneficiarys share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the settlor in the trust. Such conduct may include, without limitation:
(a) Conduct other than formal court action; and
(b) Conduct which is unrelated to the trust itself, including, without limitation:
(1) The commencement of civil litigation against the settlors probate estate or family members;
(2) Interference with the administration of another trust or a business entity;
(3) Efforts to frustrate the intent of the settlors power of attorney; and
(4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the settlor.
[3.] 4. Notwithstanding any provision to the contrary in the trust, a no-contest clause in a trust must not be enforced by a court and a beneficiarys share must not be reduced or eliminated under a no-contest clause in a trust because : [of any action taken by the beneficiary seeking only to:]
(a) A beneficiary acts to:
(1) Enforce the clear and unambiguous terms of the trust, a transfer of property into the trust, any document referenced in or affected by the trust, or any other trust-related instrument;
[(b)] (2) Enforce the [beneficiarys] legal rights of the beneficiary that provide the beneficiary standing as related to [the] :
(I) The trust [, any] ;
(II) A transfer of property into the trust;
(III) Any document referenced in or affected by the trust ; [,] or [any]
(IV) Any other trust-related instrument;
[(c)] (3) Obtain court instruction with respect to the proper administration of the trust or the construction or legal effect of the trust, [the provisions thereof or] a transfer of property into the trust, any document referenced in or affected by the trust, or any other trust-related instrument; or
[(d)] (4) Enforce the fiduciary duties of the trustee.
[4. Notwithstanding any provision to the contrary in the trust, a beneficiarys share must not be reduced or eliminated under a no-contest clause in a trust because the beneficiary institutes legal action seeking to invalidate a trust, any document referenced in or affected by the trust, or any other trust-related instrument if the legal action is instituted and maintained in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to conclude that the trust, any document referenced in or affected by the trust, or other trust-related instrument is invalid.
5. Unless the trust expressly provides otherwise, a no-contest clause must not be applied to a settlor who is also a beneficiary of the trust.
6.] (b) The court determines by clear and convincing evidence that the conduct of the beneficiary was:
(1) A product of coercion or undue influence; or
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(2) Caused by the lack of sufficient mental capacity to knowingly engage in the conduct.
(c) A beneficiary acts as a trustee or a protector of the trust to exercise a power set forth in the trust, including, without limitation:
(1) Reforming, modifying or decanting the trust;
(2) Removing or replacing a trustee;
(3) Making or withholding distributions from the trust; or
(4) Exercising any other discretionary power.
(d) A beneficiary or any other interested person enters into an agreement to settle a dispute or resolve any other matter relating to the trust.
(e) A beneficiary institutes legal action seeking to invalidate a trust, the transfer of property into a trust, any document referenced in or affected by the trust, or any other trust-related instrument if the legal action is instituted and maintained in good faith and based on probable cause. For the purposes of this paragraph, legal action is based on probable cause where, based upon the facts and circumstances available to the beneficiary who commences such legal action, a reasonable person, properly informed and advised, would conclude that the trust, the transfer of property into the trust, any document referenced in or affected by the trust or any other trust-related instrument is invalid.
(f) Unless the trust expressly provides otherwise, a settlor is also a beneficiary of the trust.
5. Where a beneficiary takes action, asserts a cause of action or asserts a request for relief and such action or assertion violates a no-contest clause in a trust, this section must not prevent the enforcement of the no-contest clause unless the action, cause of action or request for relief claims one of the exceptions to enforcement set forth in subsection 4.
6. Except as otherwise provided in subsection 4, subject to the discretion of the trustee:
(a) A trustee may suspend distributions to a beneficiary to the extent that, under a no-contest provision, the conduct of the beneficiary may cause the reduction or elimination of the interest of the beneficiary in the trust.
(b) Until a court determines whether the interest of the beneficiary in the trust has been reduced or eliminated, a trustee may:
(1) Resume distributions that were suspended pursuant to paragraph (a) at any time; or
(2) Continue to suspend those distributions.
(c) To the extent that a beneficiary has received distributions before engaging in conduct that potentially would have caused the reduction or elimination of the interest of the beneficiary in the trust under a no-contest clause, a trustee may seek reimbursement from the beneficiary or may offset those distributions.
7. A no-contest clause applies to an amendment to the trust or trust-related document even if the no-contest clause was not expressly incorporated in such an amendment.
8. As used in this section:
(a) No-contest clause means one or more provisions in a trust that express a directive to reduce or eliminate the share allocated to a beneficiary or to reduce or eliminate the distributions to be made to a beneficiary if the beneficiary takes action to frustrate or defeat the settlors intent as expressed in the trust or in a trust-related instrument.
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beneficiary takes action to frustrate or defeat the settlors intent as expressed in the trust or in a trust-related instrument. The term does not include:
(1) Provisions in a trust that shift or apportion attorneys fees and costs incurred by the trust against the share allocated to a beneficiary who has asserted an unsuccessful claim, defense or objection;
(2) Provisions in a trust that permit a trustee to delay distributions to a beneficiary;
(3) Provisions in a trust that require the arbitration of disputes involving the trust;
(4) A forum selection clause in the trust; or
(5) Provisions in a trust that make a devise conditional or specify conditions or actions pursuant to NRS 163.558.
(b) Trust means the original trust instrument and each amendment made pursuant to the terms of the original trust instrument.
(c) Trust-related instrument means any document purporting to transfer property to or from the trust or any document made pursuant to the terms of the trust purporting to direct the distribution of trust assets or to affect the management of trust assets, including, without limitation, documents that attempt to exercise a power of appointment.
Sec. 24. NRS 163.004 is hereby amended to read as follows:
163.004 1. Except as otherwise provided by law, the terms of a trust instrument may expand, restrict, eliminate or otherwise vary the rights and interests of beneficiaries in any manner that is not illegal or against public policy, including, without limitation:
(a) The right to be informed of the beneficiarys interest for a period of time;
(b) The grounds for the removal of a fiduciary;
(c) The circumstances, if any, in which the fiduciary must diversify investments;
(d) A fiduciarys powers, duties, standards of care, rights of indemnification and liability to persons whose interests arise from the trust instrument; and
(e) The provisions of general applicability to trusts and trust administration.
2. A trust is irrevocable [by the settlor] except to the extent that a right to amend the trust or a right to revoke the trust is expressly reserved by the settlor [.] or is granted to one or more other persons under the terms of the trust instrument. Notwithstanding the provisions of this subsection, the following powers do not make a trust revocable:
(a) Power of appointment;
(b) Power to add or remove beneficiaries;
(c) Power to appoint, remove or replace the trustee; or
(d) Power to make administrative amendments.
3. Nothing in this section shall be construed to:
(a) Authorize the exculpation or indemnification of a fiduciary for the fiduciarys own willful misconduct or gross negligence; or
(b) Preclude a court of competent jurisdiction from removing a fiduciary because of the fiduciarys willful misconduct or gross negligence.
4. The rule that statutes in derogation of the common law are to be strictly construed has no application to this section. This section must be liberally construed to give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments.
κ2019 Statutes of Nevada, Page 1863 (CHAPTER 309, AB 286)κ
Sec. 25. NRS 163.020 is hereby amended to read as follows:
163.020 As used in NRS 163.010 to 163.200, inclusive, and section 22 of this act, unless the context or subject matter otherwise requires:
1. Affiliate means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.
2. Relative means a spouse, ancestor, descendant, brother or sister.
3. Trust means an express trust only.
4. Trustee means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.
Sec. 26. NRS 163.115 is hereby amended to read as follows:
163.115 1. A settlor, cotrustee or beneficiary of the trust may request the court to remove a trustee, or a trustee may be removed by the court on its own motion pursuant to subsection 2.
2. The court may remove a trustee if:
(a) The trustee commits or threatens to commit a breach of trust;
(b) Lack of cooperation between cotrustees substantially impairs the administration of the trust; or
(c) Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the settlor or beneficiaries.
3. If a trustee commits or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may maintain a proceeding for any of the following purposes that is appropriate:
(a) To compel the trustee to perform his or her duties.
(b) To enjoin the trustee from committing the breach of trust.
(c) To compel the trustee to redress the breach of trust by payment of money or otherwise.
(d) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.
(e) To remove the trustee.
(f) To set aside acts of the trustee.
(g) To reduce or deny compensation of the trustee.
(h) To impose an equitable lien or a constructive trust on trust property.
(i) To trace trust property that has been wrongfully disposed of and recover the property or its proceeds.
[2. On petition or ex parte application of a beneficiary or trustee, the court by temporary order, with or without bond, may restrain a trustee from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office. Notwithstanding any other provision of law governing temporary injunctions, if it appears to the court that the trustee otherwise may take some action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust, the court may enter the temporary order. A person with whom the trustee may transact business may be made a party to the temporary order.
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3. Any temporary order entered pursuant to subsection 2 must be set for hearing within 10 days after entry of the temporary order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interests of the trust. Notice of entry of the temporary order must be given by the petitioner to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the temporary order and as otherwise directed by the court.]
4. If the court determines that a proceeding instituted pursuant to subsection 1 by a settlor, cotrustee or beneficiary of the trust against a trustee was not instituted in good faith and based on probable cause, the court may order that the settlor, cotrustee or beneficiary who is maintaining the proceeding against a trustee pay all or part of the costs of the proceeding, including, without limitation, reasonable attorneys fees. The provisions of this subsection do not preclude any other remedy available.
5. The [provision] provisions of [remedies in this section does] subsections 2 and 3 do not preclude resort to any other appropriate ground or remedy provided by statute or common law.
[5.] 6. A proceeding under this section must be commenced by filing or bringing in conjunction with the filing of a petition under NRS 164.010 and 164.015.
Sec. 27. NRS 163.160 is hereby amended to read as follows:
163.160 1. The settlor of a trust affected by NRS 163.010 to 163.200, inclusive, and section 22 of this act may, by provision in the instrument creating the trust if the trust was created by a writing, or by oral statement to the trustee at the time of the creation of the trust if the trust was created orally, or by an amendment of the trust if the settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties, restrictions and liabilities which would otherwise be imposed upon the trustee by NRS 163.010 to 163.200, inclusive, and section 22 of this act, or alter or deny to his or her trustee any or all of the privileges and powers conferred upon the trustee by NRS 163.010 to 163.200, inclusive, and section 22 of this act, or add duties, restrictions, liabilities, privileges or powers to those imposed or granted by NRS 163.010 to 163.200, inclusive, and section 22 of this act, but no act of the settlor relieves a trustee from the duties, restrictions and liabilities imposed upon the trustee by NRS 163.030, 163.040 and 163.050.
2. Except as otherwise provided in subsections 1 and 3, a trustee may be relieved of liability for breach of trust by provisions of the trust instrument.
3. A provision of the trust instrument is not effective to relieve a trustee of liability:
(a) For breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference to the interest of a beneficiary; or
(b) For any profit that the trustee derives from a breach of trust.
Sec. 28. NRS 163.170 is hereby amended to read as follows:
163.170 A beneficiary of a trust affected by NRS 163.010 to 163.200, inclusive, and section 22 of this act may, if of full legal capacity and acting upon full information, by written instrument delivered to the trustee, relieve the trustee as to that beneficiary from any or all of the duties, restrictions and liabilities which would otherwise be imposed on the trustee by NRS 163.010 to 163.200, inclusive, and section 22 of this act, except as to the duties, restrictions and liabilities imposed by NRS 163.030, 163.040 and 163.050.
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to 163.200, inclusive, and section 22 of this act, except as to the duties, restrictions and liabilities imposed by NRS 163.030, 163.040 and 163.050. The beneficiary may release the trustee from liability to him or her for past violations of any of the provisions of NRS 163.010 to 163.200, inclusive [.] , and section 22 of this act.
Sec. 29. NRS 163.180 is hereby amended to read as follows:
163.180 A court may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon the trustee by NRS 163.010 to 163.200, inclusive, and section 22 of this act, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violation of the provisions of NRS 163.010 to 163.200, inclusive [.] , and section 22 of this act.
Sec. 30. NRS 163.190 is hereby amended to read as follows:
163.190 If a trustee violates any of the provisions of NRS 163.010 to 163.200, inclusive, and section 22 of this act, the trustee may be removed and denied compensation in whole or in part, and any beneficiary, cotrustee or successor trustee may treat the violation as a breach of trust.
Sec. 31. NRS 163.200 is hereby amended to read as follows:
163.200 NRS 163.010 to 163.200, inclusive, and section 22 of this act must be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Sec. 32. NRS 163.556 is hereby amended to read as follows:
163.556 1. Except as otherwise provided in this section, unless the terms of a testamentary instrument or irrevocable trust provide otherwise, a trustee with discretion or authority to distribute trust income or principal to or for a beneficiary of the trust may exercise such discretion or authority by appointing the property subject to such discretion or authority in favor of a second trust as provided in this section.
2. The second trust to which a trustee appoints property of the [first] original trust may only have as beneficiaries one or more of the beneficiaries of the original trust:
(a) To or for whom a distribution of income or principal may be made from the original trust;
(b) To or for whom a distribution of income or principal may be made in the future from the original trust at a time or upon the happening of an event specified under the [first] original trust; or
(c) Both paragraphs (a) and (b).
Κ For purposes of this subsection, a permissible appointee of a power of appointment exercised by a beneficiary of the second trust is not considered a beneficiary of the second trust.
3. A trustee may not appoint property of the original trust to a second trust if:
(a) Appointing the property will reduce any income interest of any income beneficiary of the original trust if the original trust is:
(1) A trust for which a marital deduction has been taken for federal or state income, gift or estate tax purposes;
(2) A trust for which a charitable deduction has been taken for federal or state income, gift or estate tax purposes; or
(3) A grantor-retained annuity trust or unitrust under 26 C.F.R. § 25.2702-3(b) and (c).
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Κ As used in this paragraph, unitrust has the meaning ascribed to it in NRS 164.700.
(b) The property to be appointed is subject to a power of withdrawal which is held by a beneficiary of the original trust and may be executed at the time of the proposed appointment, unless after the exercise of such appointment, the beneficiary of the original trusts power of withdrawal is unchanged with respect to the trust property.
(c) Property specifically allocated for one beneficiary of the original trust is no longer allocated for that beneficiary under either or both trusts, unless the beneficiary consents in writing.
(d) [Property held for the benefit of one or more beneficiaries under both the original and the second trust has a lower value than the value of the property held for the benefit of the same beneficiaries under only the original trust, unless:
(1) The benefit provided is limited to a specific amount or periodic payments of a specific amount; and
(2) The value of the property held in either or both trusts for the benefit of one or more beneficiaries is actuarially adequate to provide the benefit.
(e)] A contribution made to the original trust qualified for a gift tax exclusion as described in section 2503(b) of the Internal Revenue Code, 26 U.S.C. § 2503(b), by reason of the application of section 2503(c) of the Internal Revenue Code, 26 U.S.C. § 2503(c), unless the second trust provides that the beneficiarys remainder interest must vest not later than the date upon which such interest would have vested under the terms of the original trust.
4. A trustee who is a beneficiary of the original trust may not exercise the authority to appoint property of the original trust to a second trust if:
(a) Under the terms of the original trust or pursuant to law governing the administration of the original trust:
(1) The trustee does not have discretion to make distributions to himself or herself;
(2) The trustees discretion to make distributions to himself or herself is limited by an ascertainable standard, and under the terms of the second trust, the trustees discretion to make distributions to himself or herself is not limited by the same ascertainable standard; or
(3) The trustees discretion to make distributions to himself or herself can only be exercised with the consent of a cotrustee or a person holding an adverse interest and under the terms of the second trust the trustees discretion to make distributions to himself or herself is not limited by an ascertainable standard and may be exercised without consent; or
(b) Under the terms of the original trust or pursuant to law governing the administration of the original trust, the trustee of the original trust does not have discretion to make distributions that will discharge the trustees legal support obligations but under the second trust the trustees discretion is not limited.
5. Notwithstanding the provisions of subsection 1, a trustee who may be removed by the beneficiary or beneficiaries of the original trust and replaced with a trustee that is related to or subordinate, as described in
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section 672 of the Internal Revenue Code, 26 U.S.C. § 672(c), to a beneficiary, may not exercise the authority to appoint property of the original trust to a second trust to the extent that the exercise of the authority by such trustee would have the effect of increasing the distributions that can be made from the second trust to such beneficiary or group of beneficiaries that held the power to remove the trustee of the original trust and replace such trustee with a related or subordinate person, unless the distributions that may be made from the second trust to such beneficiary or group of beneficiaries described in paragraph (a) of subsection 4 are limited by an ascertainable standard.
6. The provisions of subsections 4 and 5 do not prohibit a trustee who is not a beneficiary of the original trust or who may not be removed by the beneficiary or beneficiaries and replaced with a trustee that is related to or subordinate to a beneficiary from exercising the authority to appoint property of the original trust to a second trust pursuant to the provisions of subsection 1.
7. Before appointing property pursuant to subsection 1, a trustee may give notice of a proposed action pursuant to NRS 164.725 or may petition a court for approval pursuant to NRS 153.031, 164.015 or 164.725. Any notice of a proposed action or a petition for a courts approval must include the trustees opinion of how the appointment of property will affect the trustees compensation and the administration of other trust expenses.
8. The trust instrument of the second trust may:
(a) Grant a general or limited power of appointment to one or more of the beneficiaries of the second trust who are beneficiaries of the original trust.
(b) Provide that, at a time or occurrence of an event specified in the trust instrument, the remaining trust assets in the second trust must be held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.
9. The power to appoint the property of the original trust pursuant to subsection 1 must be exercised by a writing, signed by the trustee and filed with the records of the trust.
10. The exercise of the power to invade principal of the original trust pursuant to subsection 1 is considered the exercise of a power of appointment, other than power to appoint the property to the trustee, the trustees creditors, the trustees estate or the creditors of the trustees estate and the provisions of NRS 111.1031 apply to such power of appointment.
11. The provisions of this section do not abridge the right of any trustee who has the power to appoint property which arises under any other law.
12. The provisions of this section do not impose upon a trustee a duty to exercise the power to appoint property pursuant to subsection 1.
13. The power to appoint property to another trust pursuant to subsection 1 is not a power to amend the trust and a trustee is not prohibited from appointing property to another trust pursuant to subsection 1 if the original trust is irrevocable or provides that it may not be amended.
14. A trustees power to appoint property to another trust pursuant to subsection 1 is not limited by the existence of a spendthrift provision in the original trust.
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15. A trustee exercising any power granted pursuant to this section may designate himself or herself or any other person permitted to act as a trustee as the trustee of the second trust.
16. The trustee of a second trust, resulting from the exercise of the power to appoint property to another trust pursuant to subsection 1, may also exercise the powers granted pursuant to this section with respect to the second trust.
17. This section applies to a trust that is governed by, sitused in or administered under the laws of this State, whether the trust is initially governed by, sitused in or administered under the laws of this State pursuant to the terms of the trust instrument or whether the governing law, situs or administration of the trust is moved to this State from another state or foreign jurisdiction.
18. The power to appoint to a second trust pursuant to this section may be exercised to appoint to a second trust that is a special needs trust, pooled trust or third-party trust.
19. As used in this section:
(a) Ascertainable standard means a standard relating to a persons health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.
(b) Pooled trust means a trust described in 42 U.S.C. § 1396p(d)(4)(C) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance.
(c) Second trust means an irrevocable trust that receives trust income or principal appointed by the trustee of the original trust, and may be established by any person, including, without limitation, a new trust created by the trustee, acting in that capacity, of the original trust. If the trustee of the original trust establishes the second trust, then for purposes of creating the new second trust, the requirement of NRS 163.008 that the instrument be signed by the settlor shall be deemed to be satisfied by the signature of the trustee of the [second] original trust. The second trust may be a trust created under [the same] :
(1) The original trust instrument [as the original trust] , as modified after an appointment of property made pursuant to this section; or [under a]
(2) A different trust instrument.
(d) Special needs trust means a trust under 42 U.S.C. § 1396p(d)(4)(A) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance.
(e) Third-party trust means a trust that is:
(1) Established by a third party with the assets of the third party to provide for the supplemental needs of a person who is eligible for needs-based public assistance at or after the time of the creation of the trust; and
(2) Exempt from the provisions of any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid.
κ2019 Statutes of Nevada, Page 1869 (CHAPTER 309, AB 286)κ
Sec. 33. NRS 163.590 is hereby amended to read as follows:
163.590 1. Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list, including, without limitation, a written statement or list contained in an electronic record, to dispose of items of [tangible personal] trust property not otherwise specifically disposed of by the trust . [, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.]
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and the beneficiaries.
(e) The handwritten signature or electronic signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the trust.
4. Except as otherwise provided in this subsection, the statement or list may be used to dispose of all items of trust property, regardless of whether the trust property is real or personal property or tangible or intangible property. The trust instrument may limit the use of the statement or list so that the statement or list:
(a) Is expressly limited to tangible personal property;
(b) Cannot be used to direct the disposition of trust property that is above a value specified by the trust instrument; or
(c) Is not applicable to certain types of property, including, without limitation:
(1) Money;
(2) Evidences of indebtedness;
(3) Documents of title;
(4) Securities; and
(5) Property used in a trade or business.
Sec. 34. Chapter 164 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The expenses and compensation of a trustee of a nontestamentary trust must initially be governed by the terms of the nontestamentary trust. Thereafter, subject to any contrary terms of the nontestamentary trust, the court shall allow the trustee his or her proper expenses and such compensation for services as are just and reasonable.
2. Where there are several trustees, compensation must be apportioned among the trustees according to the respective services rendered, and such compensation may be:
(a) A fixed yearly compensation for each trustee;
(b) A set amount for the term of service;
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(c) An hourly rate for services rendered; or
(d) Pursuant to a standard schedule of fees.
3. The provisions of this section must not be interpreted to abridge the authority of a court having jurisdiction over a testamentary trust pursuant to NRS 153.020 or 164.010 to review and settle the expenses and compensation of the trustee of a testamentary trust upon the petition of any interested person.
4. As used in this section, nontestamentary trust has the meaning ascribed to it in NRS 163.0016.
Sec. 35. NRS 164.025 is hereby amended to read as follows:
164.025 1. The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.
2. The notice must be in substantially the following form:
(a) For a claim against the settlor:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the settlor must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated.........................................
.........................................................
Trustee
.........................................................
Address
(b) For a claim against the trust:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated.........................................
.........................................................
Trustee
.........................................................
Address
3. A person having a claim, due or to become due, against a settlor or the trust , as applicable, must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors.
κ2019 Statutes of Nevada, Page 1871 (CHAPTER 309, AB 286)κ
after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. Any claim against a settlor or the trust estate , as applicable, not filed within that time is forever barred. After the expiration of the time [,] to file a claim as provided in this section, the trustee may distribute the assets of the trust to its beneficiaries without personal liability [to any creditor who has failed to file a] for any claim which has not been timely filed with the trustee.
4. If the trustee knows or has reason to believe that the settlor received public assistance during the lifetime of the settlor, the trustee shall, whether or not the trustee gives notice to other creditors, give notice within 30 days after the death to the Department of Health and Human Services in the manner provided in NRS 155.010. If notice to the Department is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the Department to recover public assistance received.
5. If a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days after the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.
6. As used in this section, nontestamentary trust has the meaning ascribed to it in NRS 163.0016.
Sec. 36. NRS 164.038 is hereby amended to read as follows:
164.038 1. Unless otherwise represented by counsel, a minor, incapacitated person, unborn person or person whose identity or location is unknown and not reasonably ascertainable may be represented by another person who has a substantially similar interest with respect to the question or dispute.
2. A person may only be represented by another person pursuant to subsection 1 if there is no material conflict of interest between the person and the representative with respect to the question or dispute for which the person is being represented. If a person is represented pursuant to subsection 1, the results of that representation in the question or dispute will be binding on the person.
3. A presumptive remainder beneficiary may represent and bind a beneficiary with a contingent remainder for the same purpose, in the same circumstance and to the same extent as an ascertainable beneficiary may bind a minor, incapacitated person, unborn person or person who cannot be ascertained.
4. A powerholder may represent and bind a person who is a permissible appointee or taker in default of appointment.
5. If a trust has a minor or incapacitated beneficiary who may not be represented by another person pursuant to this section, the custodial parent or guardian of the estate of the minor or incapacitated beneficiary may represent the minor or incapacitated beneficiary in any judicial proceeding or nonjudicial matter pertaining to the trust. A minor or incapacitated beneficiary may only be represented by a parent or guardian if there is no material conflict of interest between the minor or incapacitated beneficiary and the parent or guardian with respect to the question or dispute.
κ2019 Statutes of Nevada, Page 1872 (CHAPTER 309, AB 286)κ
material conflict of interest between the minor or incapacitated beneficiary and the parent or guardian with respect to the question or dispute. If a minor or incapacitated beneficiary is represented pursuant to this subsection, the results of that representation will be binding on the minor or incapacitated beneficiary. The representation of a minor or incapacitated beneficiary pursuant to this subsection is binding on an unborn person or a person who cannot be ascertained if:
(a) The unborn person or a person who cannot be ascertained has an interest substantially similar to the minor or incapacitated person; and
(b) There is no material conflict of interest between the unborn person or a person who cannot be ascertained and the minor or incapacitated person with respect to the question or dispute.
[5.] 6. As used in this section [, presumptive] :
(a) Permissible appointee has the meaning ascribed to it in NRS 162B.065.
(b) Powerholder has the meaning ascribed to it in NRS 162B.080.
(c) Presumptive remainder beneficiary means:
[(a)] (1) A beneficiary who would receive income or principal of the trust if the trust were to terminate as of that date, regardless of the exercise of a power of appointment; or
[(b)] (2) A beneficiary who, if the trust does not provide for termination, would receive or be eligible to receive distributions of income or principal of the trust if all beneficiaries of the trust who were receiving or eligible to receive distributions were deceased.
(d) Taker in default of appointment has the meaning ascribed to it in NRS 162B.095.
Sec. 37. NRS 164.045 is hereby amended to read as follows:
164.045 1. The laws of this State govern the validity and construction of a trust if:
(a) The trust instrument so provides;
(b) Designated by a person who, under the terms of the trust instrument, has the right to designate the laws that govern the validity and construction of the trust, at the time the designation is made; or
(c) The trust instrument does not provide for the law that governs the validity and construction of the trust, a person designated under the terms of the trust instrument to designate the law that governs the validity and construction of the trust, if any, has not made such a designation and the settlor or the trustee of the trust was a resident of this State at the time the trust was created or at the time the trust became irrevocable.
[Κ A trust instrument or designation cannot extend the duration of the trust beyond the rule against perpetuities otherwise applicable to the trust at the time of its creation.]
2. A person not domiciled in this State may have the right to designate the laws that govern the validity and construction of a trust if properly designated under the trust instrument.
3. A trust, the situs of which is outside this State, that moves its situs to this State is valid whether or not the trust complies with the laws of this State at the time of its creation or after its creation.
Sec. 38. NRS 164.930 is hereby amended to read as follows:
164.930 1. A provision in a will or trust instrument requiring the arbitration of disputes other than disputes of the validity of all or a part of a will or trust, between or among [the] one or more beneficiaries [and a fiduciary] or fiduciaries under the will or trust, a settlor of a nontestamentary trust, or any combination of such persons or entities, is enforceable.
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will or trust, between or among [the] one or more beneficiaries [and a fiduciary] or fiduciaries under the will or trust, a settlor of a nontestamentary trust, or any combination of such persons or entities, is enforceable. Such a provision in a will or trust instrument is not subject to the requirements of NRS 597.995.
2. Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under NRS 38.206 to 38.248, inclusive. If an arbitration enforceable under this section is governed under NRS 38.206 to 38.248, inclusive, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying the provisions of NRS 38.206 to 38.248, inclusive.
3. The court is authorized to appoint a guardian ad litem at any time during the arbitration procedure to represent the interests of a minor or a person who is incapacitated, unborn, unknown or unascertained, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The guardian ad litem is entitled to reasonable compensation for services with such compensation to be paid from the principal of the estate or trust whose beneficiaries are represented. The provisions of NRS 164.038 and the common law relating to the doctrine of virtual representation apply to the dispute resolution procedure unless the common law rule or doctrine is inconsistent with the provisions of NRS 164.038, and any action taken by a court enforcing the judgment is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise virtually represented.
4. Such arbitration in a provision in a will or trust may include, without limitation:
(a) The number, method of selection and minimum qualifications of arbitrators;
(b) The selection and establishment of arbitration procedures, including, without limitation, the incorporation of the arbitration rules for wills and trusts adopted by the American Arbitration Association;
(c) The county in which the dispute resolution will take place;
(d) The scope of discovery;
(e) The burden of proof;
(f) Confidentiality of the arbitration process and the evidence produced during arbitration and discovery;
(g) The awarding of attorneys fees, expert fees and costs;
(h) The time period in which the arbitration must be conducted and deciding an award;
(i) The method of allocating the appointed persons fees and expenses among the parties;
(j) The required appointment of guardians ad litem;
(k) The consequences to a party who fails to act in accordance with such provisions or contests such provisions; and
(l) Other matters which are not inconsistent with NRS 38.206 to 38.248, inclusive.
κ2019 Statutes of Nevada, Page 1874 (CHAPTER 309, AB 286)κ
Sec. 39. Chapter 166 of NRS is hereby amended by adding thereto the provisions set forth as sections 40 and 41 of this act.
Sec. 40. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 166.020 and section 41 of this act have the meanings ascribed to them in those sections.
Sec. 41. Settlor means:
1. The person who creates a spendthrift trust however described in the trust instrument; or
2. Any person who contributes assets to the spendthrift trust as to the assets he or she contributed to the spendthrift trust except to the extent of consideration received therefor by that person.
Sec. 42. NRS 166.020 is hereby amended to read as follows:
166.020 [For the purposes of this chapter, a spendthrift trust is defined to be] Spendthrift trust means a trust in which by the terms thereof a valid restraint on the voluntary and involuntary transfer of the interest of the beneficiary is imposed. It is an active trust not governed or executed by any use or rule of law of uses.
Secs. 43 and 44. (Deleted by amendment.)
Sec. 45. NRS 597.995 is hereby amended to read as follows:
597.995 1. Except as otherwise provided in subsection 3, an agreement which includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement must include specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.
2. If an agreement includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement and the agreement fails to include the specific authorization required pursuant to subsection 1, the provision is void and unenforceable.
3. The provisions of this section do not apply to an agreement that is a collective bargaining agreement. As used in this subsection, collective bargaining has the meaning ascribed to it in NRS 288.033.
4. The provisions of this section do not apply to a provision in a will or trust instrument that requires the arbitration of disputes which is enforceable pursuant to NRS 164.930.
Sec. 46. NRS 669A.082 is hereby amended to read as follows:
669A.082 Fiduciary means:
1. A person described in NRS 132.145;
2. A person described in NRS 163.554;
3. [An excluded] A directed fiduciary as [defined] provided in NRS [163.5539;] 163.5548; and
4. A trust protector as defined in NRS 163.5547,
Κ who may not be acting as a fiduciary under the terms of the trust instrument or will.
Sec. 47. NRS 163.5539 and 165.160 are hereby repealed.
________
κ2019 Statutes of Nevada, Page 1875κ
Assembly Bill No. 288Assemblywoman Spiegel
CHAPTER 310
[Approved: June 3, 2019]
AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to make certain efforts to provide employees who are fluent in certain languages at offices of the Department in certain circumstances; requiring the Department to provide certain services to document preparation services and the clients of document preparation services in certain circumstances; requiring the Secretary of State, the Attorney General or the district attorney to notify the Department of certain actions taken regarding a document preparation service; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under federal law, certain voting materials must be provided in a language other than English in certain political subdivisions if more than 5 percent of the citizens of voting age in the subdivision are members of a single language minority and are limited-English proficient. (52 U.S.C. § 10503) Section 1.3 of this bill requires the Department of Motor Vehicles, in any office of the Department located in a county where federal law requires voting materials in a language other than English, to make every effort to provide at least one employee who is fluent in the language of the relevant single language minority.
Existing law requires a person who wishes to conduct business as a document preparation service to register with the Secretary of State and meet certain requirements. (NRS 240A.100) A person who alleges certain violations against the document preparation service may file a complaint with the Secretary of State, who may investigate the complaint to determine if a violation has occurred. (NRS 240A.260) Upon making such a determination, the Secretary of State is authorized to deny, suspend, revoke or refuse to renew the registration of the document preparation service, and may refer the violation to the Attorney General or a district attorney to commence a civil action against the document preparation service, with available remedies including injunctive relief, civil penalties and restitution. (NRS 240A.270, 240A.280)
Section 1.5 of this bill authorizes the Department of Motor Vehicles to maintain service windows or locations in an office of the Department that are dedicated to serving document preparation services conducting transactions on behalf of clients if the Department determines that enough such transactions are conducted to warrant it, and requires the Department to maintain such windows or locations in certain counties. Such windows or locations may be used to provide services to the general public during times when no document preparation services are in the office seeking to conduct transactions. Section 1.5 also authorizes a client of a document preparation service who alleges a violation by the document preparation service that involves a transaction with the Department of Motor Vehicles to file the complaint with the Department. If the Department determines that the alleged violation or violations more likely than not occurred, the Department must forward the complaint to the Secretary of State for further action under existing laws. Section 1.5 also provides that, if the registration of a document preparation service is suspended or revoked, the Department must not allow the document preparation service to conduct transactions with the Department on behalf of clients. If some penalty other than suspension or revocation of registration is imposed on a document preparation service, the Department may suspend, for a reasonable time, the privilege of the document preparation service to: (1) conduct transactions with the Department on behalf of clients; or (2) use a service window or location dedicated to document preparation services at any office of the Department where such a window or location is provided.
κ2019 Statutes of Nevada, Page 1876 (CHAPTER 310, AB 288)κ
behalf of clients; or (2) use a service window or location dedicated to document preparation services at any office of the Department where such a window or location is provided. Sections 1.7 and 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. Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. At each office of the Department in which voting materials are required pursuant to NRS 293.2699 to be provided in the language or languages of a minority group, the Department shall make every effort to ensure that not less than one employee who is fluent in each such language is available to provide services in the office in the language or languages of the minority group. Such efforts must include, without limitation, including fluency in any such language as a consideration when hiring employees for or transferring employees to an office that lacks such an employee.
Sec. 1.5. 1. At each office of the Department where the Department determines that document preparation services conduct a sufficient number of transactions on behalf of clients to warrant it, the Department may maintain public service windows or locations dedicated to serving document preparation services conducting transactions on behalf of clients, except that the Department must maintain:
(a) In a county where motor vehicle owners are required to participate in a program for the control of emissions pursuant to NRS 445B.795 and where four or more offices of the Department are located, not less than two such public service windows or locations at each office in the county;
(b) Except as otherwise provided in paragraph (a), in a county where motor vehicle owners are required to participate in a program for the control of emissions pursuant to NRS 445B.795, not less than one such public service window or location in each office in the county; and
(c) At the main office of the Department, not less than one such public service window or location.
Κ Such public service windows or locations may be used to provide services to the general public during times when no document preparation service is in the office seeking to conduct transactions on behalf of clients.
2. A person who is a client of a document preparation service may file with the Department a complaint alleging a violation of chapter 240A of NRS by the document preparation service in lieu of notifying the Secretary of State pursuant to chapter 240A of NRS if at least one allegation in the complaint involves a transaction with the Department by the document preparation service on behalf of the client.
3. Upon receipt of a complaint filed pursuant to subsection 2 and evidence satisfactory to the Department that a violation of chapter 240A of NRS is more likely than not to have occurred, the Department shall forward the complaint to the Secretary of State or his or her designee for investigation pursuant to NRS 240A.260. Such evidence may include, without limitation, a written receipt for payment to the document preparation service by the client, as required pursuant to NRS 240A.230, for the transaction or transactions that are the subject of the complaint.
κ2019 Statutes of Nevada, Page 1877 (CHAPTER 310, AB 288)κ
preparation service by the client, as required pursuant to NRS 240A.230, for the transaction or transactions that are the subject of the complaint.
4. Upon receipt by the Department of a notice from the Secretary of State pursuant to NRS 240A.270 or from the Attorney General or a district attorney pursuant to NRS 240A.280 that a violation of the provisions of chapter 240A of NRS has been committed by a document preparation service concerning a transaction with the Department that resulted in:
(a) A suspension or revocation of or the refusal to renew the registration of the document preparation service, the Department shall not allow the document preparation service to conduct transactions with the Department on behalf of a client.
(b) The imposition of any civil remedy authorized by chapter 240A of NRS other than the suspension or revocation of the registration of the document preparation service, the Department may suspend, for an amount of time determined to be reasonable by the Department, the privilege of the document preparation service to:
(1) Conduct transactions with the Department on behalf of clients; or
(2) Use a service window or location dedicated to document preparation services at any office of the Department where such a window or location is provided.
Sec. 1.7. NRS 240A.270 is hereby amended to read as follows:
240A.270 1. The Secretary of State may deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto. Except as otherwise provided in subsection 2, a suspension or revocation may be imposed only after a hearing.
2. The Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing:
(a) The entry of a judgment or conviction; or
(b) The occurrence of any other event,
Κ that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.
3. Upon the suspension or revocation of or refusal to renew the registration of a document preparation service pursuant to this section, the Secretary of State shall notify the Department of Motor Vehicles of the name of the document preparation service for the purposes of section 1.5 of this act.
Sec. 1.9. NRS 240A.280 is hereby amended to read as follows:
240A.280 1. Upon referral by the Secretary of State, the Attorney General or the district attorney of the county in which the defendant resides or maintains a place of business may bring an action in the name of the State of Nevada in a court of competent jurisdiction:
(a) For injunctive relief against any person who violates or threatens to violate a provision of this chapter or a regulation or order adopted or issued pursuant thereto;
(b) For the recovery of a civil penalty against the defendant of not less than $100 or more than $5,000 for each such violation;
(c) For an order directing restitution to be made by the defendant to any person who suffers pecuniary loss as a result of such a violation; or
(d) For any combination of the remedies described in this subsection.
κ2019 Statutes of Nevada, Page 1878 (CHAPTER 310, AB 288)κ
2. Any civil penalty recovered pursuant to this section must be paid to the Secretary of State and deposited in the State General Fund.
3. If the court determines that the State of Nevada is the prevailing party in an action brought pursuant to this section, the court shall award the State the costs of suit and reasonable attorneys fees incurred in the action.
4. Upon the imposition of any remedy pursuant to this section against a document preparation service, the Attorney General or district attorney shall notify the Department of Motor Vehicles of the name of the document preparation service and the remedy imposed for the purposes of section 1.5 of this act.
Secs. 2-77. (Deleted by amendment.)
Sec. 78. 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 October 1, 2019, for all other purposes.
________
Assembly Bill No. 485Committee on Growth and Infrastructure
CHAPTER 311
[Approved: June 3, 2019]
AN ACT relating to electric scooters; enacting certain provisions relating to the operation of electric scooters; authorizing certain local authorities to regulate scooter-share programs whereby electric scooters are made available for hire; authorizing such local authorities to impose a fee for such scooter-share programs; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, persons riding bicycles and electric bicycles are provided with certain protections and subject to certain duties and responsibilities when operating on the highways of this State. (NRS 484B.760-484B.783) Sections 35-44 of this bill add to those provisions electric scooters, which are defined in sections 1, 15 and 23 of this bill as a vehicle with handlebars and an electric motor that is designed to be ridden in an upright or seated position and propelled by its electric motor or by propulsion provided by the rider. Such a vehicle: (1) must not weigh more than 100 pounds without a rider; and (2) must have a maximum speed of not more than 20 miles per hour when powered solely by its electric motor.
Section 9 of this bill exempts electric scooters from the requirements for a motor vehicle to be registered with the Department of Motor Vehicles, and sections 10-13 of this bill exempt the rider of an electric scooter from the requirement for a drivers license. Section 24 of this bill provides that the rider of an electric scooter has the same rights and duties as the rider of a bicycle or electric bicycle, and that an electric scooter is subject to all the provisions of law applicable to bicycles and electric bicycles except those provisions which by their nature can have no application.
Section 16 of this bill authorizes local authorities in this State to adopt ordinances regulating the time, place and manner of operation of electric scooters. Section 16 also authorizes those local authorities to adopt ordinances to allow and regulate the operation of a scooter-share program for electric scooters by a scooter-share operator. Such ordinances may, without limitation: (1) impose a reasonable fee on a scooter-share operator; (2) subject the scooter-share programs and scooter-share operators to various obligations, requirements and restrictions; and (3) require the local authority to undertake certain obligations and duties.
κ2019 Statutes of Nevada, Page 1879 (CHAPTER 311, AB 485)κ
on a scooter-share operator; (2) subject the scooter-share programs and scooter-share operators to various obligations, requirements and restrictions; and (3) require the local authority to undertake certain obligations and duties. Certain data provided to the local authorities is confidential, as proprietary or a trade secret, and section 48 of this bill makes a conforming change to the public records provision in existing law. (NRS 239.010) Section 16 also prohibits a scooter-share operator or any person from allowing a person who is under 16 years of age to operate a shared scooter. A violation is punishable by the imposition of a civil penalty of $250. Section 16 also requires the operator to maintain certain insurance coverages.
Sections 6, 8, 13, 19 and 20 of this bill exclude electric bicycles from certain definitions, and sections 27, 30, 31, 33 and 34 of this bill add electric bicycles and electric scooters to certain provisions that provide enhanced penalties for a driver who is the proximate cause of a collision with a pedestrian or a person riding a bicycle. The remaining sections of this bill make various conforming changes and add electric scooters to various provisions concerning bicycles and electric bicycles.
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 482 of NRS is hereby amended by adding thereto a new section to read as follows:
Electric scooter means a vehicle:
1. With handlebars and an electric motor that is designed to be ridden on in an upright or seated position and is propelled by its electric motor or by propulsion provided by the rider;
2. That does not weigh more than 100 pounds without a rider; and
3. That has a maximum speed of not more than 20 miles per hour when powered solely by its electric motor.
Sec. 2. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 482.0287 is hereby amended to read as follows:
482.0287 Electric bicycle means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.
Κ The term does not include a moped [.] or an electric scooter.
Sec. 4. NRS 482.069 is hereby amended to read as follows:
482.069 Moped means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
κ2019 Statutes of Nevada, Page 1880 (CHAPTER 311, AB 485)κ
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Κ The term does not include an electric bicycle [.] or an electric scooter.
Sec. 5. NRS 482.070 is hereby amended to read as follows:
482.070 Motorcycle means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term electric bicycle, electric scooter, tractor or moped as defined in this chapter.
Sec. 6. NRS 482.075 is hereby amended to read as follows:
482.075 Motor vehicle means every vehicle as defined in NRS 482.135 which is self-propelled. The term does not include an electric bicycle or an electric scooter.
Sec. 7. NRS 482.087 is hereby amended to read as follows:
482.087 Passenger car means a motor vehicle designed for carrying 10 persons or less, except a motorcycle, an electric bicycle , an electric scooter or a moped.
Sec. 8. NRS 482.135 is hereby amended to read as follows:
482.135 Except as otherwise provided in NRS 482.36348, vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:
1. Devices moved by human power or used exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as defined in chapter 489 of NRS; [or]
3. Electric bicycles;
4. Electric personal assistive mobility devices [.] ; or
5. Electric scooters.
Sec. 9. NRS 482.210 is hereby amended to read as follows:
482.210 1. The provisions of this chapter requiring the registration of certain vehicles do not apply to:
(a) Special mobile equipment.
(b) Implements of husbandry.
(c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.
(d) Electric bicycles.
(e) Golf carts which are:
(1) Traveling upon highways properly designated by the appropriate city or county as permissible for the operation of golf carts; and
(2) Operating pursuant to a permit issued pursuant to this chapter.
(f) Towable tools or equipment as defined in NRS 484D.055.
(g) Any motorized conveyance for a wheelchair, whose operator is a person with a disability who is unable to walk about.
(h) Electric scooters.
2. For the purposes of this section, motorized conveyance for a wheelchair means a vehicle which:
(a) Can carry a wheelchair;
(b) Is propelled by an engine which produces not more than 3 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 2250 watts final output;
(c) Is designed to travel on not more than three wheels; and
κ2019 Statutes of Nevada, Page 1881 (CHAPTER 311, AB 485)κ
(d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.
Κ The term does not include a tractor.
Sec. 10. NRS 483.067 is hereby amended to read as follows:
483.067 Electric bicycle means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.
Κ The term does not include a moped [.] or an electric scooter, as defined in section 1 of this act.
Sec. 11. NRS 483.088 is hereby amended to read as follows:
483.088 Moped means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Κ The term does not include an electric bicycle [.] or an electric scooter, as defined in section 1 of this act.
Sec. 12. NRS 483.090 is hereby amended to read as follows:
483.090 Motor vehicle means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. Motor vehicle includes a moped. The term does not include an electric bicycle [.] or an electric scooter, as defined in section 1 of this act.
Sec. 13. NRS 483.190 is hereby amended to read as follows:
483.190 Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except:
1. Devices moved by human power or used exclusively upon stationary rails or tracks; [and]
2. Electric bicycles;
3. Electric personal assistive mobility devices as defined in NRS 482.029 [.] ; and
4. An electric scooter, as defined in section 1 of this act.
Sec. 14. Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. Electric scooter means a vehicle with handlebars and an electric motor that is designed to be ridden on in an upright or seated position and propelled by its electric motor or by propulsion provided by the rider. Such a vehicle:
1. Must not weigh more than 100 pounds without a rider; and
2. Must have a maximum speed of not more than 20 miles per hour when powered solely by its electric motor.
κ2019 Statutes of Nevada, Page 1882 (CHAPTER 311, AB 485)κ
Sec. 16. 1. A local authority may adopt, to protect the health and safety of the public, an ordinance which regulates the time, place and manner of operation of electric scooters in the jurisdiction of the local authority in a manner that is generally consistent with such regulation of bicycles and electric bicycles and which may, without limitation:
(a) Prohibit the use of an electric scooter in a specified area or areas of the jurisdiction; or
(b) Establish a speed limit for electric scooters operating on sidewalks in the jurisdiction.
2. A local authority may by ordinance regulate the operation of a scooter-share program in the jurisdiction of the local authority as provided in this section.
3. An ordinance enacted pursuant to subsection 2 may:
(a) Require a scooter-share operator to pay a reasonable fee for the privilege of operating a scooter-share program, provided that such fee does not exceed the cost to the local authority for regulating the scooter-share program.
(b) Require a scooter-share operator to indemnify the local authority against claims, losses, liabilities, damages, costs and attorneys fees arising out of any negligent act, error, omission or willful misconduct by a scooter-share operator or its officers or employees, except for those claims, losses, liabilities, damages, costs and attorneys fees which arise out of the negligence or willful misconduct of the local authority.
(c) Except as otherwise provided in subsection 1, designate locations where a scooter-share operator may not stage shared scooters, provided that at least one such staging location must be allowed on each side of each city block in any commercial zone or business district in the jurisdiction of the local authority where use of electric scooters is allowed, provided that such a staging location does not impede the normal and reasonable movement of pedestrians at the location.
(d) Except as otherwise provided in subsection 5, enact or identify moving or parking violations specific to shared scooters and assessing penalties for such violations, provided that such penalties do not exceed those imposed, if any, for similar violations by the rider of a bicycle.
(e) Require a scooter-share operator to provide to the local authority trip data for all trips starting or ending in the jurisdiction of the local authority on each shared scooter of the scooter-share operator or any person or company controlled by, controlling or under common control with the scooter-share operator. To ensure privacy, such trip data must be:
(1) Provided via an application programming interface, subject to the scooter-share operators license agreement for the interface;
(2) Subject to a publicly available privacy policy of the local authority or a designee of the local authority, disclosing what data is collected and how the data is used or shared with third parties;
(3) Safely and securely stored by the local authority, which must implement reasonable administrative, physical and technical safeguards to protect, secure and, if applicable, encrypt or otherwise limit access to the data;
(4) Except as otherwise provided in subparagraphs (5) and (6), treated by the local authority as personal, proprietary business information and trade secret of the scooter-share operator, exempt from public disclosure pursuant to any public records request, deemed confidential and not a public record for the purposes of chapter 239 of NRS and not considered property of the local authority;
κ2019 Statutes of Nevada, Page 1883 (CHAPTER 311, AB 485)κ
confidential and not a public record for the purposes of chapter 239 of NRS and not considered property of the local authority;
(5) Shared with law enforcement agencies only pursuant to valid legal process; and
(6) Shared with third parties only with the consent of the scooter-share operator, except that, for the purposes of subparagraph (1), the local authority may, upon a showing of legitimate necessity, designate a third party to receive trip data from the scooter-share operator if the third party is in privity with the local authority and agrees to the requirements of this section.
4. An ordinance enacted pursuant to subsection 2 may not, except as required to protect the health and safety of the public as provided in subsection 1, subject customers of a scooter-share program to requirements more restrictive than those applicable to riders of bicycles or electric bicycles, except those requirements which by their nature only apply to electric scooters.
5. An ordinance enacted pursuant to subsection 2 must:
(a) Prohibit a scooter-share operator from knowingly allowing a person who is under 16 years of age to operate a shared scooter.
(b) Prohibit a person from knowingly allowing a person who is under the age of 16 to operate a shared scooter.
(c) Provide that a violation of paragraph (a) or (b) is:
(1) Not a misdemeanor; and
(2) Punishable by the imposition of a civil penalty of $250.
(d) Require a scooter-share operator to maintain insurance coverage that must include, without limitation:
(1) Commercial general liability insurance in an amount of not less than $1,000,000 for each occurrence and $5,000,000 in the aggregate;
(2) Motor vehicle insurance with a combined single limit of not less than $1,000,000;
(3) Umbrella or excess liability coverage with a limit of not less than $5,000,000 for each occurrence and $5,000,000 in the aggregate; and
(4) If the scooter-share operator has employees, industrial insurance as required pursuant to chapters 616A to 617, inclusive, of NRS.
6. As used in this section:
(a) Scooter-share operator means a person offering shared scooters for hire through a scooter-share program.
(b) Scooter-share program means the offering of shared scooters for hire.
(c) Shared scooter means an electric scooter offered for hire as part of a scooter-share program.
(d) Trip data means any data elements related to the use of a shared scooter by a customer of a scooter-share program, including, without limitation, route data, GPS information and timestamps.
Sec. 17. NRS 484A.010 is hereby amended to read as follows:
484A.010 As used in chapters 484A to 484E, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 484A.015 to 484A.320, inclusive, and section 15 of this act have the meanings ascribed to them in those sections.
Sec. 18. NRS 484A.125 is hereby amended to read as follows:
484A.125 Moped means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:
κ2019 Statutes of Nevada, Page 1884 (CHAPTER 311, AB 485)κ
more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Κ The term does not include an electric bicycle [.] or an electric scooter.
Sec. 19. NRS 484A.130 is hereby amended to read as follows:
484A.130 Motor vehicle means every vehicle which is self-propelled but not operated upon rails. The term does not include an electric bicycle or an electric scooter.
Sec. 20. NRS 484A.320 is hereby amended to read as follows:
484A.320 Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except:
1. Devices moved by human power or used exclusively upon stationary rails; [and]
2. Electric bicycles;
3. Electric personal assistive mobility devices as defined in NRS 482.029 [.] ; and
4. An electric scooter.
Sec. 21. NRS 484A.420 is hereby amended to read as follows:
484A.420 1. Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:
(a) Regulating or prohibiting processions or assemblages on the highways.
(b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.
(c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.
(d) Designating truck, bicycle , [and] electric bicycle and electric scooter routes.
(e) Adopting such other traffic regulations related to specific highways as are expressly authorized by chapters 484A to 484E, inclusive, of NRS.
2. An ordinance relating to traffic control enacted under this section is not effective until official devices for traffic control giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as is most appropriate.
3. An ordinance enacted under this section is not effective with respect to:
(a) Highways constructed and maintained by the Department of Transportation under the authority granted by chapter 408 of NRS; or
(b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,
Κ until the ordinance has been approved by the Board of Directors of the Department of Transportation.
κ2019 Statutes of Nevada, Page 1885 (CHAPTER 311, AB 485)κ
4. As used in this section, hazardous material has the meaning ascribed to it in NRS 459.7024.
Sec. 22. Chapter 484B of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.
Sec. 23. Electric scooter means a vehicle with handlebars and an electric motor that is designed to be ridden on in an upright or seated position and propelled by its electric motor or by propulsion provided by the rider. Such a vehicle:
1. Must not weigh more than 100 pounds without a rider; and
2. Must have a maximum speed of not more than 20 miles per hour when powered solely by its electric motor.
Sec. 24. 1. Except as otherwise provided in an ordinance enacted pursuant to section 16 of this act, an electric scooter may be operated:
(a) On a roadway, bicycle lane, path or route at a speed of not more than 15 miles per hour; and
(b) On a sidewalk and other pedestrian areas at a speed that does not exceed the limit set in an ordinance enacted pursuant to section 16 of this act, if any.
2. Except as otherwise provided in a specific statute or an ordinance enacted pursuant to section 16 of this act:
(a) An electric scooter is subject to all the provisions of law applicable to bicycles and electric bicycles except those provisions which by their nature can have no application; and
(b) A person operating an electric scooter has the same rights and duties as a person operating a bicycle or an electric bicycle, except for those rights and duties which by their nature can have no application.
Sec. 25. NRS 484B.003 is hereby amended to read as follows:
484B.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484B.007 to 484B.077, inclusive, and section 23 of this act, have the meanings ascribed to them in those sections.
Sec. 26. NRS 484B.017 is hereby amended to read as follows:
484B.017 Electric bicycle means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.
Κ The term does not include a moped [.] or an electric scooter.
Sec. 27. NRS 484B.270 is hereby amended to read as follows:
484B.270 1. The driver of a motor vehicle shall not intentionally interfere with the movement of a person lawfully riding a bicycle , [or] an electric bicycle [.] or an electric scooter.
2. When overtaking or passing a bicycle [or] , an electric bicycle or an electric scooter proceeding in the same direction, the driver of a motor vehicle shall exercise due care and:
(a) If there is more than one lane for traffic proceeding in the same direction, move the vehicle to the lane to the immediate left, if the lane is available and moving into the lane is reasonably safe; or
κ2019 Statutes of Nevada, Page 1886 (CHAPTER 311, AB 485)κ
(b) If there is only one lane for traffic proceeding in the same direction, pass to the left of the bicycle , [or] electric bicycle or electric scooter at a safe distance, which must be not less than 3 feet between any portion of the vehicle and the bicycle , [or] electric bicycle [,] or electric scooter and shall not move again to the right side of the highway until the vehicle is safely clear of the overtaken bicycle , [or] electric bicycle [.] or electric scooter.
3. The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle , [or] an electric bicycle or an electric scooter or a pedestrian as provided in subsection 6 of NRS 484B.297 on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles , [or] electric bicycles or electric scooters except:
(a) When entering or exiting an alley or driveway;
(b) When operating or parking a disabled vehicle;
(c) To avoid conflict with other traffic;
(d) In the performance of official duties;
(e) In compliance with the directions of a police officer; or
(f) In an emergency.
4. Except as otherwise provided in subsection 3, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles , [or] electric bicycles [.] or electric scooters.
5. The driver of a motor vehicle shall:
(a) Exercise due care to avoid a collision with a person riding a bicycle , [or] an electric bicycle [;] or an electric scooter; and
(b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.
6. If, while violating any provision of subsections 1 to 5, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
7. The operator of a bicycle , [or] an electric bicycle or an electric scooter shall not:
(a) Intentionally interfere with the movement of a motor vehicle; or
(b) Overtake and pass a motor vehicle unless the operator can do so safely without endangering himself or herself or the occupants of the motor vehicle.
Sec. 28. NRS 484B.297 is hereby amended to read as follows:
484B.297 1. Except as otherwise provided in subsection 6, where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent highway.
2. Except as otherwise provided in subsection 6, pedestrians walking along highways where sidewalks are not provided shall walk on the left side of those highways facing the approaching traffic.
3. A person shall not stand in a highway to solicit a ride or any business from the driver or any occupant of a vehicle. A person shall not, without a permit issued pursuant to NRS 244.3555 or 268.423, solicit any contribution from the driver or any occupant of a vehicle.
4. It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.
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5. The provisions of this section apply to riders of animals, except that the provisions of subsections 1, 2 and 3 do not apply to a peace officer who rides an animal while performing his or her duties as a peace officer.
6. A pedestrian walking or otherwise traveling on a sidewalk who encounters an obstruction to his or her mobility on the sidewalk, including, without limitation, a short section of the sidewalk that is missing or impassable, may proceed with due care on the immediately adjacent highway to move around such an obstruction. Such a pedestrian:
(a) Must walk or otherwise travel as far to the side of the highway near the sidewalk as possible;
(b) May walk or otherwise travel on the highway in the direction he or she was walking or traveling on the sidewalk, regardless of the direction of traffic;
(c) May walk or otherwise travel in a lane provided for bicycles , [or] electric bicycles or electric scooters if the area between the lane and the sidewalk is impassable; and
(d) Must return to the sidewalk as soon as practicable.
7. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 29. NRS 484B.307 is hereby amended to read as follows:
484B.307 1. Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484B.283. The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.
2. When the signal is circular green alone:
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless another device at the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.
3. Where the signal is circular green with a green turn arrow:
(a) Vehicular traffic facing the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but the traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.
4. Where the signal is a green turn arrow alone:
κ2019 Statutes of Nevada, Page 1888 (CHAPTER 311, AB 485)κ
(a) Vehicular traffic facing the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but the traffic must yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.
(b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484B.283.
5. Where the signal is a green straight-through arrow alone:
(a) Vehicular traffic facing the signal may proceed straight through, but must not turn right or left. Such vehicular traffic must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.
6. Where the signal is a steady yellow signal alone:
(a) Vehicular traffic facing the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic must not enter the intersection when the red signal is exhibited.
(b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484B.283, are thereby advised that there is insufficient time to cross the highway.
7. Where the signal is a flashing yellow turn arrow, displayed alone or in combination with another signal:
(a) Vehicular traffic facing the signal is permitted to cautiously enter the intersection only to make the movement indicated by the arrow signal, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic must yield the right-of-way to pedestrians lawfully within the intersection or an adjacent crosswalk and yield the right-of-way to other traffic lawfully within the intersection.
(b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484B.283, are thereby advised that there may be insufficient time to cross the highway, but may proceed across the highway within the appropriate marked or unmarked crosswalk.
8. Where the signal is a steady red signal alone:
(a) Vehicular traffic facing the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as otherwise provided in paragraphs (c) and (d), must remain stopped or standing until the green signal is shown.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484B.283.
(c) After complying with the requirement to stop, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.
κ2019 Statutes of Nevada, Page 1889 (CHAPTER 311, AB 485)κ
(d) After complying with the requirement to stop, a person driving a motorcycle, moped or trimobile or riding a bicycle , [or] an electric bicycle or an electric scooter may proceed straight through or turn right or left if:
(1) The person waits for two complete cycles of the lights or lighted arrows of the applicable official traffic-control device and the signal does not change because of a malfunction or because the signal failed to detect the presence of the motorcycle, moped, trimobile, bicycle , [or] electric bicycle [;] or electric scooter;
(2) No other device at the place prohibits either or both such turns, if applicable; and
(3) The person yields the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.
(e) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.
9. Where the signal is a steady red with a green turn arrow:
(a) Except as otherwise provided in paragraph (b), vehicular traffic facing the signal may enter the intersection only to make the movement indicated by the green turn arrow, but must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) A person driving a motorcycle, moped or trimobile or riding a bicycle , [or] an electric bicycle or an electric scooter facing the signal may proceed straight through or turn in the direction opposite that indicated by the green turn arrow if:
(1) The person stops before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made or, in the absence of any such crosswalk, sign or marking, before entering the intersection;
(2) The person waits for two complete cycles of the lights or lighted arrows of the applicable official traffic-control device and the signal does not change because of a malfunction or because the signal failed to detect the presence of the motorcycle, moped, trimobile, bicycle , [or] electric bicycle [;] or electric scooter;
(3) No other device at the place prohibits the turn, if applicable; and
(4) The person yields the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(c) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484B.283.
10. If a person violates paragraph (d) of subsection 8 or paragraph (b) of subsection 9 and that violation results in an injury to another person, the violation creates a rebuttable presumption of all facts necessary to impose civil liability for the injury.
11. If a signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required must be made at a sign or pavement marking indicating where the stop must be made, but in the absence of any such device the stop must be made at the signal.
κ2019 Statutes of Nevada, Page 1890 (CHAPTER 311, AB 485)κ
12. Whenever signals are placed over the individual lanes of a highway, the signals indicate, and apply to drivers of vehicles, as follows:
(a) A downward-pointing green arrow means that a driver facing the signal may drive in any lane over which the green signal is shown.
(b) A red X symbol means a driver facing the signal must not enter or drive in any lane over which the red signal is shown.
13. A local authority shall not adopt an ordinance or regulation or take any other action that prohibits vehicular traffic from crossing an intersection when:
(a) The red signal is exhibited; and
(b) The vehicular traffic in question had already completely entered the intersection before the red signal was exhibited. For the purposes of this paragraph, a vehicle shall be considered to have completely entered an intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.
14. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.135.
Sec. 30. NRS 484B.350 is hereby amended to read as follows:
484B.350 1. The driver of a vehicle:
(a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and
(b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. If, while violating subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
4. As used in this section, school crossing guard means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.
Sec. 31. NRS 484B.363 is hereby amended to read as follows:
484B.363 1. A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.
2. A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
κ2019 Statutes of Nevada, Page 1891 (CHAPTER 311, AB 485)κ
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.
3. The driver of a vehicle shall not make a U-turn in an area designated as a school zone or school crossing zone except:
(a) When there are no children present;
(b) On a day on which school is not in session;
(c) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(d) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(e) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.
4. The driver of a vehicle shall not overtake and pass another vehicle traveling in the same direction in an area designated as a school zone or school crossing zone except:
(a) On a day on which the school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.
5. The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.
6. Each such governing body and the Department of Transportation shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.
7. With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his or her designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.
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8. If, while violating any provision of subsections 1 to 4, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
9. As used in this section, speed limit beacon means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.
Sec. 32. NRS 484B.450 is hereby amended to read as follows:
484B.450 1. A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places:
(a) [On] Except as otherwise provided in subsection 3, on a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant in a place where parallel parking is permitted, or within 20 feet of a fire hydrant if angle parking is permitted and a local ordinance requires the greater distance;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk;
(g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone;
(i) Within 50 feet of the nearest rail of a railroad;
(j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of that entrance;
(k) Alongside or opposite any highway excavation or obstruction when stopping, standing or parking would obstruct traffic;
(l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;
(m) Upon any bridge or other elevated structure or within a highway tunnel;
(n) Except as otherwise provided in subsection 2, within 5 feet of a public or private driveway; and
(o) At any place where official traffic-control devices prohibit stopping, standing or parking.
2. The provisions of paragraph (n) of subsection 1 do not apply to a person operating a vehicle of the United States Postal Service if the vehicle is being operated for the official business of the United States Postal Service.
3. A person may park a bicycle, an electric bicycle or an electric scooter on a sidewalk provided that the bicycle, electric bicycle or electric scooter does not impede the normal and reasonable movement of pedestrians on the sidewalk.
4. A person shall not move a vehicle not owned by the person into any prohibited area or away from a curb to a distance which is unlawful.
[4.] 5. A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion stopping, standing or parking is dangerous to those using the highway or where the vehicles which are stopping, standing or parking would unduly interfere with the free movement of traffic.
κ2019 Statutes of Nevada, Page 1893 (CHAPTER 311, AB 485)κ
those using the highway or where the vehicles which are stopping, standing or parking would unduly interfere with the free movement of traffic. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on those devices.
Sec. 33. NRS 484B.600 is hereby amended to read as follows:
484B.600 1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
(a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
(b) Such a rate of speed as to endanger the life, limb or property of any person.
(c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
(d) In any event, a rate of speed greater than 80 miles per hour.
2. If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
3. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130 or 484B.135.
Sec. 34. NRS 484B.653 is hereby amended to read as follows:
484B.653 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.
(b) Drive a vehicle in an unauthorized speed contest on a public highway.
(c) Organize an unauthorized speed contest on a public highway.
Κ A violation of paragraph (a) or (b) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
κ2019 Statutes of Nevada, Page 1894 (CHAPTER 311, AB 485)κ
4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:
(a) Shall issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
6. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
7. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
κ2019 Statutes of Nevada, Page 1895 (CHAPTER 311, AB 485)κ
8. As used in this section, organize means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
Sec. 35. NRS 484B.760 is hereby amended to read as follows:
484B.760 1. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in NRS 484B.768 to 484B.783, inclusive [.] , and section 24 of this act.
2. The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of chapters 484A to 484E, inclusive, of NRS.
3. The provisions applicable to bicycles , [and] electric bicycles and electric scooters apply whenever a bicycle , [or] an electric bicycle or an electric scooter is operated upon any highway or upon any path set aside for the exclusive use of bicycles , [or] electric bicycles and electric scooters subject to those exceptions stated herein.
Sec. 36. NRS 484B.763 is hereby amended to read as follows:
484B.763 Every person riding a bicycle , [or] an electric bicycle or an electric scooter upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle except as otherwise provided in NRS 484B.767 to 484B.783, inclusive, and section 24 of this act and except as to those provisions of chapters 484A to 484E, inclusive, of NRS which by their nature can have no application.
Sec. 37. NRS 484B.767 is hereby amended to read as follows:
484B.767 1. Except as otherwise provided in this section, a peace officer, a firefighter, an emergency medical technician, an advanced emergency medical technician or a paramedic certified pursuant to chapter 450B of NRS or an employee of a pedestrian mall, who operates a bicycle , [or] an electric bicycle or an electric scooter while on duty, is not required to comply with any provision of NRS or any ordinance of a local government relating to the operation of a bicycle , [or] an electric bicycle or an electric scooter while on duty if he or she:
(a) Is responding to an emergency call or the peace officer is in pursuit of a suspected violator of the law; or
(b) Determines that noncompliance with any such provision is necessary to carry out his or her duties.
2. The provisions of this section do not:
(a) Relieve a peace officer, firefighter, emergency medical technician, advanced emergency medical technician, paramedic or employee of a pedestrian mall from the duty to operate a bicycle , [or] an electric bicycle or an electric scooter with due regard for the safety of others.
(b) Protect such a person from the consequences of the persons disregard for the safety of others.
3. As used in this section, pedestrian mall has the meaning ascribed to it in NRS 268.811.
Sec. 38. NRS 484B.768 is hereby amended to read as follows:
484B.768 1. Except as otherwise provided in subsection 2, an operator of a bicycle , [or] an electric bicycle or an electric scooter upon a roadway shall not turn from a direct course unless the movement may be made with reasonable safety and the operator gives an appropriate signal. The operator shall give the appropriate signal at least one time but is not required to give the signal continuously.
κ2019 Statutes of Nevada, Page 1896 (CHAPTER 311, AB 485)κ
2. An operator of a bicycle , [or] an electric bicycle or an electric scooter is not required to give a signal if:
(a) The bicycle , [or] electric bicycle or electric scooter is in a designated turn lane; or
(b) Safe operation of the bicycle , [or] electric bicycle or electric scooter requires the operator to keep both hands on the bicycle , [or] electric bicycle [.] or electric scooter.
Sec. 39. NRS 484B.769 is hereby amended to read as follows:
484B.769 An operator of a bicycle , [or] an electric bicycle or an electric scooter upon a roadway shall give all signals by hand and arm in the manner required by NRS 484B.420, except that the operator may give a signal for a right turn by extending his or her right hand and arm horizontally and to the right side of the bicycle , [or] electric bicycle [.] or electric scooter.
Sec. 40. NRS 484B.770 is hereby amended to read as follows:
484B.770 1. A person propelling a bicycle or an electric bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
2. No bicycle , [or] electric bicycle or electric scooter shall be used to carry more persons at one time than the number for which it is designed and equipped.
Sec. 41. NRS 484B.773 is hereby amended to read as follows:
484B.773 No person riding upon any bicycle, electric bicycle, electric scooter, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
Sec. 42. NRS 484B.777 is hereby amended to read as follows:
484B.777 1. Every person operating a bicycle , [or] an electric bicycle or electric scooter upon a roadway shall, except:
(a) When traveling at a lawful rate of speed commensurate with the speed of any nearby traffic;
(b) When preparing to turn left; or
(c) When doing so would not be safe,
Κ ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
2. Persons riding bicycles , [or] electric bicycles or electric scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles , [or] electric bicycles [.] and electric scooters.
Sec. 43. NRS 484B.780 is hereby amended to read as follows:
484B.780 No person operating a bicycle , [or] an electric bicycle or an electric scooter shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
Sec. 44. NRS 484B.783 is hereby amended to read as follows:
484B.783 1. Every bicycle , [or] electric bicycle or electric scooter when in use at night must be equipped with:
(a) A lamp on the front which emits a white light visible from a distance of at least 500 feet to the front;
(b) A red reflector on the rear of a type approved by the Department which must be visible from 50 feet to 300 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle; and
κ2019 Statutes of Nevada, Page 1897 (CHAPTER 311, AB 485)κ
(c) Reflective material of a sufficient size and reflectivity to be visible from both sides of the bicycle for 600 feet when directly in front of the lawful lower beams of the headlamps of a motor vehicle, or in lieu of such material, a lighted lamp visible from both sides from a distance of at least 500 feet.
2. Every bicycle , [or] electric bicycle or electric scooter must be equipped with a brake which will enable the operator to make the wheels skid on dry, level, clean pavement.
Sec. 45. NRS 486.038 is hereby amended to read as follows:
486.038 Moped means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Κ The term does not include an electric bicycle as defined in NRS 483.067 [.] or an electric scooter as defined in section 1 of this act.
Sec. 46. NRS 486.041 is hereby amended to read as follows:
486.041 Motorcycle means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, excluding an electric bicycle as defined in NRS 483.067, an electric scooter as defined in section 1 of this act, a tractor and a moped.
Sec. 47. NRS 486A.110 is hereby amended to read as follows:
486A.110 Motor vehicle means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property. The term does not include:
1. An electric bicycle as defined in NRS 483.067;
2. An electric scooter as defined in section 1 of this act;
3. A farm tractor as defined in NRS 482.035;
[3.] 4. A moped as defined in NRS 482.069;
[4.] 5. A motorcycle as defined in NRS 482.070; and
[5.] 6. A vehicle having a manufacturers gross vehicle weight rating of more than 26,000 pounds, unless the vehicle is designed for carrying more than 15 passengers.
Sec. 48. 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.
κ2019 Statutes of Nevada, Page 1898 (CHAPTER 311, AB 485)κ
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.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, and section 16 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.
κ2019 Statutes of Nevada, Page 1899 (CHAPTER 311, AB 485)κ
711.600, and section 16 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. 49. NRS 205.2741 is hereby amended to read as follows:
205.2741 1. It is unlawful for any person:
(a) To throw any stone, rock, missile or any substance at any bicycle, electric scooter as defined in section 1 of this act, or at any motorbus, truck or other motor vehicle; or
(b) Wrongfully to injure, deface or damage any bicycle, or any motorbus, truck or other motor vehicle, or any part thereof.
2. Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged and in no event less than a misdemeanor.
Sec. 50. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 1900κ
Assembly Bill No. 492Assemblymen Benitez-Thompson and Roberts
CHAPTER 312
[Approved: June 3, 2019]
AN ACT relating to industrial insurance; revising the circumstances in which a first responder or an employee of the State or a local government is authorized to receive compensation under industrial insurance for certain stress-related claims; requiring an agency which employs a first responder or a volunteer first responder to provide certain educational training concerning mental health issues to the first responder; exempting a claim for certain stress-related injuries suffered by a first responder or an employee of the State or any of its agencies or political subdivisions from certain prohibitions on compensation for an injury and temporary disability; requiring the Administrator of the Division of Industrial Relations of the Department of Business and Industry to include concurrent wages of an injured employee in the calculation of average monthly wage under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, for the purposes of determining whether an injury or disease caused by stress is compensable under industrial insurance, such an injury is deemed to arise out of and in the course of employment only if the employee can prove by clear and convincing medical or psychiatric evidence that the employee has a mental injury caused by extreme stress in time of danger and that the primary cause of the mental injury was an event that arose out of and during the course of his or her employment. (NRS 616C.180) Section 2 of this bill provides that a first responder may additionally prove by clear and convincing medical or psychiatric evidence that the mental injury was primarily caused by extreme stress due to the first responder directly witnessing a death or grievous injury, or the aftermath of a death or grievous injury, under certain circumstances during the course of his or her employment. Section 2 of this bill also provides that an employee of the State or any of its agencies or political subdivisions may additionally prove by clear and convincing medical or psychiatric evidence that the mental injury was caused primarily by extreme stress due to the employee responding to a mass casualty incident during the course of his or her employment. Finally, section 2 requires an agency which employs a first responder, including, without limitation, a first responder who is a volunteer, to provide educational training to the first responder on the awareness, prevention, mitigation and treatment of mental health issues.
Existing law prohibits the payment of temporary compensation benefits for an injury or temporary total disability which does not incapacitate the employee for a minimum number of days. (NRS 616C.400, 617.420) Sections 3 and 5 of this bill exempt claims for mental injury caused by extreme stress under the circumstances described by the amendatory provisions of section 2 from these prohibitions.
Existing law provides that the amount of compensation for certain industrial injuries or death is based, in part, on the average monthly wage of the injured or deceased employee. (NRS 616C.440, 616C.475, 616C.490, 616C.505). Existing law requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to provide by regulation for a method of determining average monthly wage. (NRS 616C.420) Section 3.5 of this bill requires the method for determining average monthly wage to include concurrent wages of the employee under certain circumstances.
κ2019 Statutes of Nevada, Page 1901 (CHAPTER 312, AB 492)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. (Deleted by amendment.)
Sec. 2. NRS 616C.180 is hereby amended to read as follows:
616C.180 1. Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if it arose out of and in the course of his or her employment.
2. Any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.
3. [An] Except as otherwise provided by subsections 4 and 5, an injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress in time of danger;
(b) The primary cause of the injury was an event that arose out of and during the course of his or her employment; and
(c) The stress was not caused by his or her layoff, the termination of his or her employment or any disciplinary action taken against him or her.
4. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is a first responder and proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress due to the employee directly witnessing:
(1) The death, or the aftermath of the death, of a person as a result of a violent event, including, without limitation, a homicide, suicide or mass casualty incident; or
(2) An injury, or the aftermath of an injury, that involves grievous bodily harm of a nature that shocks the conscience; and
(b) The primary cause of the mental injury was the employee witnessing an event described in paragraph (a) during the course of his or her employment.
5. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is employed by the State or any of its agencies or political subdivisions and proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident; and
(b) The primary cause of the injury was the employee responding to the mass casualty incident during the course of his or her employment.
6. An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the awareness, prevention, mitigation and treatment of mental health issues.
κ2019 Statutes of Nevada, Page 1902 (CHAPTER 312, AB 492)κ
7. The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457.
8. As used in this section:
(a) Directly witness means to see or hear for oneself.
(b) First responder means:
(1) A salaried or volunteer firefighter;
(2) A police officer;
(3) An emergency dispatcher or call taker who is employed by a law enforcement or public safety agency in this State; or
(4) An emergency medical technician or paramedic who is employed by a public safety agency in this State.
(c) Mass casualty incident means an event that, for the purposes of emergency response or operations, is designated as a mass casualty incident by one or more governmental agencies that are responsible for public safety or for emergency response.
Sec. 3. NRS 616C.400 is hereby amended to read as follows:
616C.400 1. Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury.
2. The period prescribed in this section does not apply to:
(a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of NRS and entitled to those benefits.
(b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477.
(c) A claim which is filed pursuant to NRS 617.453, 617.455 or 617.457.
(d) A claim to which subsection 4 or 5 of NRS 616C.180 applies.
Sec. 3.5. NRS 616C.420 is hereby amended to read as follows:
616C.420 1. The Administrator shall provide by regulation for a method of determining average monthly wage.
2. In determining average monthly wage pursuant to subsection 1, the method must include concurrent wages of the injured employee only if the concurrent wages are earned from one or more employers who are insured for workers compensation or government disability benefits by:
(a) A private carrier;
(b) A plan of self-insurance;
(c) A workers compensation insurance system operating under the laws of any other state or territory of the United States; or
(d) A workers compensation or disability benefit plan provided for and administered by the Federal Government or any agency thereof.
3. Except as otherwise provided by subsection 2, concurrent wages include, without limitation, wages earned from:
(a) Active or reserve duty with or in:
(1) The Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;
κ2019 Statutes of Nevada, Page 1903 (CHAPTER 312, AB 492)κ
(2) The Merchant Marine; or
(3) The National Guard; or
(b) Employment by:
(1) The Federal Government or any branch or agency thereof;
(2) A state, territorial, county, municipal or local government of any state or territory of the United States; or
(3) A private employer, whether that employment is full-time, part-time, temporary, periodic, seasonal or otherwise limited in term, or pursuant to contract.
4. As used in this section, concurrent wages means the sum of wages earned or deemed to have been earned at each place of employment, including, without limitation, the sum of any and all money earned for work of any kind or nature performed by an employee for two or more employers during the one-year period immediately preceding the date of injury or the onset of occupational disease, whether measured by an hourly rate, salary, piecework, commissions, gratuities, bonuses, per diem, value of meals, value of housing or any other employment benefit that can be fairly calculated to a monetary value expressed in an average monthly amount.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 617.420 is hereby amended to read as follows:
617.420 1. No compensation may be paid under this chapter for temporary total disability which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages, but if the incapacity extends for 5 or more days within a 20-day period, the compensation must then be computed from the date of disability.
2. The limitations in this section do not apply to medical benefits, including, without limitation, medical benefits pursuant to NRS 617.453, 617.455 or 617.457, or a claim to which subsection 4 or 5 of NRS 616C.180 applies, which must be paid from the date of application for payment of medical benefits.
Sec. 5.5. The amendatory provisions of section 3.5 of this act apply prospectively with regard to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS which is open on or filed on or after July 1, 2019.
Sec. 6. 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. 7. 1. This section and sections 2, 3, 5 and 6 of this act become effective upon passage and approval.
2. Sections 3.5 and 5.5 of this act become effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1904κ
Senate Bill No. 368Senators Spearman and Parks
Joint Sponsor: Assemblywoman Krasner
CHAPTER 313
[Approved: June 3, 2019]
AN ACT relating to victims of crime; establishing a rebuttable presumption in civil actions concerning unwelcome or nonconsensual sexual conduct by a person in a position of authority over an alleged victim; authorizing a child adjudicated delinquent for certain unlawful acts who was a victim of sex trafficking or involuntary servitude to petition the juvenile court to vacate the adjudication and seal all records relating thereto; establishing the Sexual Assault Survivors Bill of Rights; increasing the time within which an extended order of protection against a person who allegedly committed a sexual assault may remain effective; revising provisions relating to such extended orders of protection; revising provisions relating to the crime of prostitution or solicitation of prostitution; revising provisions relating to investigations by an administrator of a public school into a report of bullying or cyber-bullying; revising provisions relating to facilities that offer services to persons with an intellectual disability or developmental disability; revising provisions relating to the testing of a person alleged to have committed a sexual offense; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill establishes a rebuttable presumption in any civil action concerning any unwelcome or nonconsensual sexual conduct, including sexual harassment, that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a person in a position of authority over the alleged victim.
Existing law: (1) authorizes a person convicted of certain offenses who was the victim of sex trafficking or involuntary servitude to petition the court to vacate the judgment and seal all documents relating to the case; and (2) provides that if the court enters such an order, the court is also required to order sealed the records of the petitioner which relate to the judgment being vacated. (NRS 179.247) Section 4 of this bill: (1) authorizes a child adjudicated delinquent for certain unlawful acts who was the victim of sex trafficking or involuntary servitude to petition the juvenile court to vacate the adjudication and seal all records relating to the adjudication; and (2) provides that if the juvenile court enters such an order, the juvenile court is also required to order sealed the records of the child which relate to the adjudication being vacated.
Existing law: (1) generally requires a law enforcement agency, within 30 days after receiving a sexual assault forensic evidence kit (hereinafter SAFE kit) to submit the SAFE kit to the applicable forensic laboratory responsible for conducting a genetic marker analysis; and (2) requires the forensic laboratory to test a SAFE kit not later than 120 days after receiving it. (NRS 200.3786) Sections 14-15.8 of this bill establish the Sexual Assault Survivors Bill of Rights. Section 14.9 of this bill defines the term survivor for purposes of the Bill of Rights as a person who is the victim of a sexual assault or certain other persons if the victim is incompetent, deceased or a minor. Sections 15.2-15.6 of this bill set forth procedures regarding the collection and analysis of SAFE kits. Section 15.8 of this bill prohibits a defendant from challenging his or her conviction based on certain persons not adhering to the collection and analysis timelines set forth in such procedures.
κ2019 Statutes of Nevada, Page 1905 (CHAPTER 313, SB 368)κ
from challenging his or her conviction based on certain persons not adhering to the collection and analysis timelines set forth in such procedures.
Existing law authorizes any person who reasonably believes that the crime of sexual assault has been committed against him or her by another person to petition a court for a temporary or extended order to restrict the conduct of the person who allegedly committed the sexual assault. (NRS 200.378) Existing law provides that any such extended order expires within a time fixed by the court not to exceed 1 year. (NRS 200.3782) Section 17 of this bill increases the time within which such an extended order can expire to 3 years. Section 17 also: (1) requires the court to enter a finding of fact providing the basis for the imposition of an extended order for a period of greater than 1 year; and (2) authorizes the protected party or the adverse party at any time while an extended order is effective to move a court to modify or dissolve an extended order because of changed circumstances of the parties.
Existing law prohibits any person from engaging in prostitution or the solicitation therefor except in a licensed house of prostitution and provides that a prostitute who violates such a prohibition is guilty of a misdemeanor. (NRS 201.354) Section 19 of this bill provides that if a prostitute: (1) is detained, arrested or cited for engaging in prostitution or the solicitation of prostitution, a peace officer must provide to the prostitute certain information and opportunities for connecting with social service agencies that may provide assistance to the prostitute; and (2) is determined by the prosecuting attorney to be a victim of sex trafficking, the charge must be dismissed.
Existing law requires any teacher, administrator, coach or other staff member of a public school who witnesses any bullying or cyber-bullying on the premises of any school, at an activity sponsored by a school or on any school bus to report the violation to the administrator in charge of the school or his or her designee on the same day that the violation is witnessed. The administrator or designee is required to immediately begin an investigation into the report, which must be completed not later than 2 school days after the administrator or designee received the report. (NRS 388.1351) Section 25 of this bill provides that such provisions must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.
Existing law establishes provisions concerning persons with intellectual disabilities and persons with developmental disabilities, including provisions relating to facilities that offer services to such persons. (Chapter 435 of NRS) Section 26 of this bill requires the Aging and Disability Services Division of the Department of Health and Human Services to ensure that each facility to which a person with an intellectual disability or a person with a developmental disability is able to be admitted provides: (1) training to each employee of the facility regarding the protocol that must be followed if the employee becomes aware of any sexual abuse of a person that is admitted to the facility; and (2) appropriate education to each person that is admitted to the facility that explains what sexual abuse is and how to report it.
Existing law requires: (1) the district health officer in a district or the Chief Medical Officer, or the designee thereof, to test a specimen obtained from an arrested person alleged to have committed a sexual offense for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease; and (2) the agency that has custody of the arrested person to obtain the specimen and submit it for testing. The tests must be performed as soon as practicable after the arrest of the person alleged to have committed the crime, but not later than 48 hours after the person is charged with the crime by indictment or information, unless the person alleged to have committed the crime is a child who will be adjudicated in juvenile court and not later than 48 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act. (NRS 441A.320) Section 27 of this bill revises the maximum time allowed to perform the tests from 48 hours to 72 hours after the person alleged to have committed a crime is arrested or, if the person is a child, a petition alleging the commission of a delinquent act is filed.
κ2019 Statutes of Nevada, Page 1906 (CHAPTER 313, SB 368)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. (Deleted by amendment.)
Sec. 2. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In any civil action concerning any unwelcome or nonconsensual sexual conduct, including, without limitation, sexual harassment, there is a rebuttable presumption that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a person in a position of authority over the alleged victim.
2. As used in this section:
(a) Person in a position of authority means a parent, relative, household member, employer, supervisor, youth leader, scout leader, coach, mentor in a mentoring program, teacher, professor, counselor, school administrator, religious leader, doctor, nurse, psychologist, other health care provider, guardian ad litem, guardian, babysitter, police officer or other law enforcement officer or any other person who, by reason of his or her position, is able to exercise significant or undue influence over the victim.
(b) Sexual harassment has the meaning ascribed to it in NRS 176A.280.
Sec. 3. (Deleted by amendment.)
Sec. 4. Chapter 62E of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child has been adjudicated delinquent for an unlawful act listed in subsection 2, the child may petition the juvenile court for an order:
(a) Vacating the adjudication; and
(b) Sealing all records relating to the adjudication.
2. A child may file a petition pursuant to subsection 1 if the child was adjudicated delinquent for an unlawful act in violation of:
(a) NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the child was not alleged to be a customer of a prostitute;
(b) NRS 207.200, for unlawful trespass;
(c) Paragraph (b) of subsection 1 of NRS 463.350, for loitering; or
(d) A county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.
3. The juvenile court may grant a petition filed pursuant to subsection 1 if:
(a) The petitioner was adjudicated delinquent for an unlawful act described in subsection 2;
(b) The participation of the petitioner in the unlawful act was the result of the petitioner having been a victim of:
(1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or
(2) Involuntary servitude as described in NRS 200.463 or 200.4631; and
κ2019 Statutes of Nevada, Page 1907 (CHAPTER 313, SB 368)κ
(c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.
4. Before the court decides whether to grant a petition filed pursuant to subsection 1, the court shall:
(a) Notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau and allow any person who has evidence that is relevant to consideration of the petition to testify at the hearing on the petition; and
(b) Take into consideration any reasonable concerns for the safety of the petitioner, family members of the petitioner or other victims that may be jeopardized by the granting of the petition.
5. If the court grants a petition filed pursuant to subsection 1, the court shall:
(a) Vacate the adjudication and dismiss the accusatory pleading; and
(b) Order sealed all records relating to the adjudication.
6. If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 62H.130 or the juvenile court determines that the petition is otherwise deficient with respect to the sealing of the petitioners record, the juvenile court may enter an order to vacate the adjudication and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the adjudication to be vacated.
7. If the juvenile court enters an order pursuant to subsection 6, the court shall also order sealed all records of the petitioner which relate to the adjudication being vacated in accordance with paragraph (b) of subsection 5, regardless of whether any records relating to other adjudications are ineligible for sealing either by operation of law or because of a deficiency in the petition.
Sec. 5. NRS 62H.130 is hereby amended to read as follows:
62H.130 1. If a child is less than 21 years of age, the child or a probation or parole officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. [The] Except as otherwise provided in section 4 of this act, the petition may be filed:
(a) Not earlier than 3 years after the child was last adjudicated in need of supervision, adjudicated delinquent or placed under the supervision of the juvenile court pursuant to NRS 62C.230; and
(b) If, at the time the petition is filed, the child does not have any delinquent or criminal charges pending.
2. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation or parole officer is not the petitioner, the chief probation officer or the Chief of the Youth Parole Bureau.
3. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.
4. Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:
κ2019 Statutes of Nevada, Page 1908 (CHAPTER 313, SB 368)κ
(a) May enter an order sealing all records relating to the child if the child is less than 18 years of age; and
(b) Shall enter an order sealing all records relating to the child if the child is 18 years of age or older.
5. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4, the juvenile court may consider:
(a) The age of the child;
(b) The nature of the offense and the role of the child in the commission of the offense;
(c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or placed under the supervision of the juvenile court pursuant to NRS 62C.230;
(d) The response of the child to any treatment or rehabilitation program;
(e) The education and employment history of the child;
(f) The statement of the victim;
(g) The nature of any criminal offense for which the child was convicted;
(h) Whether the sealing of the record would be in the best interest of the child and the State; and
(i) Any other circumstance that may relate to the rehabilitation of the child.
6. If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires. After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.
Secs. 6-12. (Deleted by amendment.)
Sec. 13. Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 14 to 15.8, inclusive, of this act.
Sec. 14. Sections 14 to 15.8, inclusive, of this act may be cited as the Sexual Assault Survivors Bill of Rights.
Sec. 14.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 14.2 to 14.9, inclusive, of this act have the meaning ascribed to them in those sections.
Sec. 14.2. CODIS has the meaning ascribed to it in NRS 176.09113.
Sec. 14.3. DNA profile has the meaning ascribed to it in NRS 176.09115.
Sec. 14.4. Forensic laboratory has the meaning ascribed to it in NRS 176.09117.
Sec. 14.5. Forensic medical examination has the meaning ascribed to it in NRS 217.300.
Sec. 14.55. Genetic marker analysis has the meaning ascribed to it in NRS 176.09118.
Sec. 14.6. Law enforcement agency means any agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law.
κ2019 Statutes of Nevada, Page 1909 (CHAPTER 313, SB 368)κ
Sec. 14.7. Sexual assault forensic evidence kit has the meaning ascribed to it in NRS 200.364.
Sec. 14.8. State DNA Database means the database established pursuant to NRS 176.09121.
Sec. 14.9. Survivor means a person who is a victim of sexual assault, as defined in NRS 217.280 or, if the victim is incompetent, deceased or a minor, the parent, guardian, spouse, legal representative or other person related to the victim within the second degree of consanguinity or affinity, unless such person is the defendant or accused or is convicted of the sexual assault.
Sec. 15. The Legislature hereby finds and declares that:
1. Victims of sexual assault have a strong interest in the investigation and prosecution of their cases.
2. Law enforcement agencies have an obligation to victims of sexual assault to be responsive to the victims concerning the developments of forensic testing and the investigation of their cases.
3. The growth of the State DNA Database and CODIS makes it possible for many perpetrators of sexual assault to be identified after their first offense.
Sec. 15.2. 1. A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.
2. A sexual assault forensic evidence kit must be transported to a forensic laboratory and analyzed pursuant to NRS 200.3786, unless the survivor requests in writing at any time before such analysis, for the forensic laboratory to defer analysis of the sexual assault forensic evidence kit.
3. Biological evidence, including, without limitation, a sexual assault forensic evidence kit, secured in connection with the investigation or prosecution of a criminal case must be preserved and stored in accordance with the provisions of this subsection and NRS 176.0912. A sexual assault forensic evidence kit that is in the custody of an agency of criminal justice must be retained for:
(a) If the sexual assault forensic evidence kit is associated with an uncharged or unsolved sexual assault, at least 50 years.
(b) If the sexual assault forensic evidence kit is associated with an unreported or anonymous sexual assault, at least 20 years.
4. If a survivor has requested to defer analysis pursuant to subsection 2, the survivor may request that the forensic laboratory analyze the sexual assault forensic evidence kit at any later date before the expiration of the retention period pursuant to subsection 3.
5. A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.
Sec. 15.4. Upon the request of a survivor, he or she has the right to be informed of:
1. The results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;
2. Whether the analysis yielded a DNA profile; and
3. Whether the analysis yielded the DNA profile of the defendant or person accused or convicted of a crime against the survivor or a person already in CODIS.
κ2019 Statutes of Nevada, Page 1910 (CHAPTER 313, SB 368)κ
Sec. 15.6. The failure of a law enforcement agency to take possession of a sexual assault forensic evidence kit pursuant to the Sexual Assault Survivors Bill of Rights, or the failure of the law enforcement agency to submit such evidence for genetic marker analysis within the timeline prescribed pursuant to the Bill of Rights, does not alter:
1. The authority of a law enforcement agency to take possession of that evidence or to submit that evidence to a forensic laboratory; and
2. The authority of the forensic laboratory to accept and analyze the evidence or to upload an eligible DNA profile obtained from such evidence to CODIS or the State DNA Database.
Sec. 15.8. 1. A defendant or person accused or convicted of a crime against a survivor does not have standing to seek to have his or her conviction or sentence set aside for any failure by a law enforcement agency, forensic laboratory or other relevant entity to comply with the timing requirements of the Sexual Assault Survivors Bill of Rights.
2. Failure by a law enforcement agency, forensic laboratory or other relevant entity to comply with the requirements of the Sexual Assault Survivors Bill of Rights does not constitute grounds for challenging the validity of a match or any information in the State DNA Database during any criminal or civil proceeding, and any evidence of such a match or any information in the State DNA Database must not be excluded by a court on such grounds.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 200.3782 is hereby amended to read as follows:
200.3782 1. A temporary order issued pursuant to NRS 200.378 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed [1 year,] 3 years, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than [1 year.] 3 years.
4. A court shall enter a finding of fact providing the basis for the imposition of an extended order effective for more than 1 year.
5. At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
6. This section must not be construed to affect the right of an adverse party to an interlocutory appeal pursuant to NRS 33.030.
Sec. 18. (Deleted by amendment.)
Sec. 19. NRS 201.354 is hereby amended to read as follows:
201.354 1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
κ2019 Statutes of Nevada, Page 1911 (CHAPTER 313, SB 368)κ
2. A prostitute who violates subsection 1 is guilty of a misdemeanor. A peace officer who:
(a) Detains, but does not arrest or issue a citation to a prostitute for a violation of subsection 1 shall, before releasing the prostitute, provide information regarding and opportunities for connecting with social service agencies that may provide assistance to the prostitute. The Department of Health and Human Services shall assist law enforcement agencies in providing information regarding and opportunities for connecting with such social service agencies pursuant to this paragraph.
(b) Arrests or issues a citation to a prostitute for a violation of subsection 1 shall, before the prostitute is released from custody or cited:
(1) Inform the prostitute that he or she may be eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032; and
(2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).
3. Except as otherwise provided in subsection 5, a customer who violates subsection 1:
(a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.
(b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.
4. In addition to any other penalty imposed, the court shall order a person who violates subsection 3 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:
(a) Is not within the persons present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.
(b) Is not entirely within the persons present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.
5. A customer who violates subsection 1 by soliciting a child for prostitution:
(a) For a first offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.
(b) For a second offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.
κ2019 Statutes of Nevada, Page 1912 (CHAPTER 313, SB 368)κ
6. Any civil penalty collected by a district attorney or city attorney pursuant to subsection 4 must be deposited in the county or city treasury, as applicable, to be used for:
(a) The enforcement of this section; and
(b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
Κ Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.
7. If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.
8. Except as limited by subsection 9, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 7, the court shall, without a hearing, order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
9. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
κ2019 Statutes of Nevada, Page 1913 (CHAPTER 313, SB 368)κ
10. If, at any time before the trial of a prostitute charged with a violation of subsection 1, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. As used in this subsection, sex trafficking means a violation of subsection 2 of NRS 201.300.
Secs. 20-24. (Deleted by amendment.)
Sec. 25. NRS 388.1351 is hereby amended to read as follows:
388.1351 1. Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.
2. Except as otherwise provided in this subsection, upon receiving a report required by subsection 1, the administrator or designee shall immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the bullying or cyber-bullying and shall begin an investigation into the report. If the administrator or designee does not have access to the reported victim of the alleged violation of NRS 388.135, the administrator or designee may wait until the next school day when he or she has such access to take the action required by this subsection.
3. The investigation conducted pursuant to subsection 2 must include, without limitation:
(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the bullying or cyber-bullying. The notification must be provided:
(1) If the bullying or cyber-bullying is reported before the end of school hours on a school day, before the schools administrative office closes on the day on which the bullying or cyber-bullying is reported; or
(2) If the bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, before the schools administrative office closes on the school day following the day on which the bullying or cyber-bullying is reported.
(b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.
4. If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection 3.
5. Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the administrator or designee receives a report required by subsection 1. If extenuating circumstances prevent the administrator or designee from completing the investigation required by this section within 2 school days after making a good faith effort, 1 additional school day may be used to complete the investigation.
κ2019 Statutes of Nevada, Page 1914 (CHAPTER 313, SB 368)κ
6. An administrator or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred, the report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection 3 as part of the investigation.
7. If a violation is found not to have occurred, information concerning the incident must not be included in the record of the reported aggressor.
8. Not later than 10 school days after receiving a report required by subsection 1, the administrator or designee shall meet with each reported victim of the bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported bullying or cyber-bullying, as applicable, is not continuing.
9. To the extent that information is available, the administrator or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost and may be provided in person or by electronic or regular mail. If such a list is provided, the administrator, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.
10. The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the administrator or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.
11. If a violation of NRS 388.135 is found to have occurred, the parent or guardian of a pupil who is a victim of bullying or cyber-bullying may request that the board of trustees of the school district in which the pupil is enrolled to assign the pupil to a different school in the school district. Upon receiving such a request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to a different school.
12. A principal or his or her designee shall submit a monthly report to the direct supervisor of the principal that includes for the school the number of:
(a) Reports received pursuant to subsection 1;
(b) Times in which a violation of NRS 388.135 is found to have occurred; and
(c) Times in which no violation of NRS 388.135 is found to have occurred.
κ2019 Statutes of Nevada, Page 1915 (CHAPTER 313, SB 368)κ
13. A direct supervisor who receives a monthly report pursuant to subsection 12 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter, the:
(a) Total number of reports received pursuant to subsection 1;
(b) Number of times in which a violation of NRS 388.135 is found to have occurred; and
(c) Number of times in which no violation of NRS 388.135 is found to have occurred.
14. School hours and school days are determined for the purposes of this section by the schedule established by the governing body for the school.
15. The provisions of this section must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.
Sec. 26. Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:
The Division shall ensure that each facility to which a person with an intellectual disability or a person with a developmental disability is able to be admitted pursuant to this chapter provides:
1. Training to each employee of the facility regarding the protocol that must be followed if the employee becomes aware of any sexual abuse of a person with an intellectual disability or a person with a developmental disability that is admitted to the facility; and
2. Education to each person with an intellectual disability or person with a developmental disability that is admitted to the facility which:
(a) Is appropriate with regard to the level of the persons intellectual and developmental abilities; and
(b) Explains what sexual abuse is and how to report sexual abuse.
Sec. 27. NRS 441A.320 is hereby amended to read as follows:
441A.320 1. If the alleged victim or a witness to a crime alleges that the crime involved the sexual penetration of the victims body, the health authority shall perform the tests set forth in subsection 2 as soon as practicable after the arrest of the person alleged to have committed the crime, but not later than [48] 72 hours after the person is charged with the crime by indictment or information, unless the person alleged to have committed the crime is a child who will be adjudicated in juvenile court and then not later than [48] 72 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act.
2. If the health authority is required to perform tests pursuant to subsection 1, it must test a specimen obtained from the arrested person for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease, regardless of whether the person or, if the person is a child, the parent or guardian of the child consents to providing the specimen. The agency that has custody of the arrested person shall obtain the specimen and submit it to the health authority for testing. The health authority shall perform the test in accordance with generally accepted medical practices.
3. In addition to the test performed pursuant to subsection 2, the health authority shall perform such follow-up tests for the human immunodeficiency virus as may be deemed medically appropriate.
κ2019 Statutes of Nevada, Page 1916 (CHAPTER 313, SB 368)κ
4. As soon as practicable, the health authority shall disclose the results of all tests performed pursuant to subsection 2 or 3 to:
(a) The victim or to the victims parent or guardian if the victim is a child; and
(b) The arrested person and, if the person is a child, to the parent or guardian of the child.
5. If the health authority determines, from the results of a test performed pursuant to subsection 2 or 3, that a victim of sexual assault may have been exposed to the human immunodeficiency virus or any commonly contracted sexually transmitted disease, it shall, at the request of the victim, provide him or her with:
(a) An examination for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines the victim may have been exposed;
(b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines the victim may have been exposed; and
(c) A referral for health care and other assistance,
Κ as appropriate.
6. If the court in:
(a) A criminal proceeding determines that a person has committed a crime; or
(b) A proceeding conducted pursuant to title 5 of NRS determines that a child has committed an act which, if committed by an adult, would have constituted a crime,
Κ involving the sexual penetration of a victims body, the court shall, upon application by the health authority, order that child or other person to pay any expenses incurred in carrying out this section with regard to that child or other person and that victim.
7. The Board shall adopt regulations identifying, for the purposes of this section, sexually transmitted diseases which are commonly contracted.
8. As used in this section:
(a) Sexual assault means a violation of NRS 200.366.
(b) Sexual penetration has the meaning ascribed to it in NRS 200.364.
Secs. 27.3 and 28. (Deleted by amendment.)
________
κ2019 Statutes of Nevada, Page 1917κ
Assembly Bill No. 66Committee on Health and Human Services
CHAPTER 314
[Approved: June 3, 2019]
AN ACT relating to mental health; authorizing the holder of a license to operate a psychiatric hospital that meets certain requirements to obtain an endorsement as a crisis stabilization center; providing for the licensure and regulation of providers of nonemergency secure behavioral health transport services; authorizing a licensed provider of such services to transport persons with mental illness under certain conditions; requiring certain health maintenance organizations and managed care organizations to negotiate with such hospitals to become in network providers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the operator of a psychiatric hospital to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 449.030) Section 1 of this bill authorizes the Division to issue to the holder of such a license an endorsement as a crisis stabilization center. Section 1 requires a crisis stabilization center to meet certain requirements, including providing crisis stabilization services. Section 1 defines crisis stabilization services to mean behavioral health services designed to: (1) de-escalate or stabilize a behavioral crisis; and (2) avoid admission of a patient to another inpatient mental health facility or hospital when appropriate. Section 9 of this bill requires services provided at a crisis stabilization center to be reimbursable under Medicaid.
Existing law authorizes certain entities to transport a person who is the subject of an application for emergency admission to a hospital or mental health facility or an involuntary court-ordered admission to a mental health facility. (NRS 433A.160, 433A.330) Section 10 of this bill requires the State Board of Health to adopt regulations providing for the licensure and regulation of providers of nonemergency secure behavioral health transport services. Section 10 defines the term nonemergency secure behavioral health transport services to mean the use of a motor vehicle, other than an ambulance or emergency response vehicle, that is specifically designed, equipped and staffed to transport persons with a mental illness or other behavioral health condition. Sections 11 and 12 of this bill authorize the use of such services to transport a person who is the subject of an application for emergency admission to a hospital or mental health facility or an involuntary court-ordered admission to a mental health facility.
Sections 13 and 15 of this bill require a health maintenance organization and managed care organization that provide health care services to recipients of Medicaid or enrollees in the Childrens Health Insurance Program to negotiate in good faith to include such a psychiatric hospital in the network of providers under contract to provide services to such persons. Sections 2-9 and 14 of this bill make conforming changes. Existing law authorizes the State Board of Health to impose fees for licensing by the Division. (NRS 439.150) Therefore, the State Board will be authorized to impose a fee for the issuance or renewal of a license or endorsement issued pursuant to the provisions of this bill. (NRS 439.150)
κ2019 Statutes of Nevada, Page 1918 (CHAPTER 314, AB 66)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 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division may issue an endorsement as a crisis stabilization center to the holder of a license to operate a psychiatric hospital that meets the requirements of this section.
2. A psychiatric hospital that wishes to obtain an endorsement as a crisis stabilization center must submit an application in the form prescribed by the Division which must include, without limitation, proof that the applicant meets the requirements of subsection 3.
3. An endorsement as a crisis stabilization center may only be issued if the psychiatric hospital to which the endorsement will apply:
(a) Does not exceed a capacity of 16 beds or constitute an institution for mental diseases, as defined in 42 U.S.C. § 1396d;
(b) Operates in accordance with established administrative protocols, evidenced-based protocols for providing treatment and evidence-based standards for documenting information concerning services rendered and recipients of such services in accordance with best practices for providing crisis stabilization services;
(c) Delivers crisis stabilization services:
(1) To patients for not less than 24 hours in an area devoted to crisis stabilization or detoxification before releasing the patient into the community, referring the patient to another facility or transferring the patient to a bed within the hospital for short-term treatment, if the psychiatric hospital has such beds;
(2) In accordance with best practices for the delivery of crisis stabilization services; and
(3) In a manner that promotes concepts that are integral to recovery for persons with mental illness, including, without limitation, hope, personal empowerment, respect, social connections, self-responsibility and self-determination;
(d) Employs qualified persons to provide peer support services, as defined in NRS 449.01566, when appropriate;
(e) Uses a data management tool to collect and maintain data relating to admissions, discharges, diagnoses and long-term outcomes for recipients of crisis stabilization services;
(f) Accepts all patients, without regard to:
(1) The race, ethnicity, gender, socioeconomic status, sexual orientation or place of residence of the patient;
(2) Any social conditions that affect the patient;
(3) The ability of the patient to pay; or
(4) Whether the patient is admitted voluntarily to the psychiatric hospital pursuant to NRS 433A.140 or admitted to the psychiatric hospital under an emergency admission pursuant to NRS 433A.150;
(g) Performs an initial assessment on any patient who presents at the psychiatric hospital, regardless of the severity of the behavioral health issues that the patient is experiencing;
κ2019 Statutes of Nevada, Page 1919 (CHAPTER 314, AB 66)κ
(h) Has the equipment and personnel necessary to conduct a medical examination of a patient pursuant to NRS 433A.165; and
(i) Considers whether each patient would be better served by another facility and transfer a patient to another facility when appropriate.
4. Crisis stabilization services that may be provided pursuant to paragraph (c) of subsection 1 may include, without limitation:
(a) Case management services, including, without limitation, such services to assist patients to obtain housing, food, primary health care and other basic needs;
(b) Services to intervene effectively when a behavioral health crisis occurs and address underlying issues that lead to repeated behavioral health crises;
(c) Treatment specific to the diagnosis of a patient; and
(d) Coordination of aftercare for patients, including, without limitation, at least one follow-up contact with a patient not later than 72 hours after the patient is discharged.
5. An endorsement as a crisis stabilization center must be renewed at the same time as the license to which the endorsement applies. An application to renew an endorsement as a crisis stabilization center must include, without limitation:
(a) The information described in subsection 1; and
(b) Proof that the psychiatric hospital is accredited by the Commission on Accreditation of Rehabilitation Facilities, or its successor organization, or the Joint Commission, or its successor organization.
6. As used in this section, crisis stabilization services means behavioral health services designed to:
(a) De-escalate or stabilize a behavioral crisis, including, without limitation, a behavioral health crisis experienced by a person with a co-occurring substance use disorder; and
(b) When appropriate, avoid admission of a patient to another inpatient mental health facility or hospital and connect the patient with providers of ongoing care as appropriate for the unique needs of the patient.
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.
κ2019 Statutes of Nevada, Page 1920 (CHAPTER 314, AB 66)κ
Sec. 4. NRS 449.089 is hereby amended to read as follows:
449.089 1. Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, and section 1 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:
(a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act or the standards and regulations adopted by the Board;
(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.
3. Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool, organization or home are in compliance with the provisions of NRS 449.093.
Sec. 5. 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.
κ2019 Statutes of Nevada, Page 1921 (CHAPTER 314, AB 66)κ
(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.
(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. 6. 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;
κ2019 Statutes of Nevada, Page 1922 (CHAPTER 314, AB 66)κ
(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
(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 449.531, inclusive, 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. 7. 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. 8. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 9 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
κ2019 Statutes of Nevada, Page 1923 (CHAPTER 314, AB 66)κ
inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.
Sec. 9. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
The Department shall take any action necessary to ensure that crisis stabilization services provided at a psychiatric hospital established pursuant to section 1 of this act are reimbursable under Medicaid to the same extent as if the services were provided in another covered facility.
Sec. 10. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board of Health shall adopt regulations providing for the licensure and regulation of providers of nonemergency secure behavioral health transport services by the Division.
2. As used in this section, nonemergency secure behavioral health transport services means the use of a motor vehicle, other than an ambulance, as defined in NRS 450B.040, or other emergency response vehicle, that is specifically designed, equipped and staffed to transport a person with a mental illness or other behavioral health condition in a manner that:
κ2019 Statutes of Nevada, Page 1924 (CHAPTER 314, AB 66)κ
ambulance, as defined in NRS 450B.040, or other emergency response vehicle, that is specifically designed, equipped and staffed to transport a person with a mental illness or other behavioral health condition in a manner that:
(a) Allows observation of the person being transported; and
(b) Prevents the person being transported from escaping from the vehicle or accessing the driver or the means of controlling the vehicle.
Sec. 11. NRS 433A.160 is hereby amended to read as follows:
433A.160 1. Except as otherwise provided in subsection 2, an application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:
(a) Without a warrant:
(1) Take a person alleged to be a person with mental illness into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2) Transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;
(III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; [or]
(IV) A provider of nonemergency secure behavioral health transport services licensed under the regulations adopted pursuant to section 10 of this act; or
(V) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ only if the agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse has, based upon his or her personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.
(b) Apply to a district court for an order requiring:
(1) Any peace officer to take a person alleged to be a person with mental illness into custody to allow the applicant for the order to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2) Any agency, system , provider or service described in subparagraph (2) of paragraph (a) to transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose.
κ2019 Statutes of Nevada, Page 1925 (CHAPTER 314, AB 66)κ
Κ The district court may issue such an order only if it is satisfied that there is probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.
2. An application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the person alleged to be a person with mental illness may apply to a district court for an order described in paragraph (b) of subsection 1.
3. The application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.
4. Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician or an advanced practice registered nurse who has the training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.
5. As used in this section, an accredited agent of the Department means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
Sec. 12. NRS 433A.330 is hereby amended to read as follows:
433A.330 1. When an involuntary court admission to a mental health facility is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists, advanced practice registered nurses or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:
(a) Transport the person; or
(b) Arrange for the person to be transported by:
(1) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; [or]
(2) A provider of nonemergency secure behavioral health transport services licensed under the regulations adopted pursuant to section 10 of this act; or
(3) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ to the appropriate public or private mental health facility.
2. No person with mental illness may be transported to the mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance.
κ2019 Statutes of Nevada, Page 1926 (CHAPTER 314, AB 66)κ
Sec. 13. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
A health maintenance organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall negotiate in good faith to enter into a contract with a psychiatric hospital with an endorsement as a crisis stabilization center pursuant to section 1 of this act to include the psychiatric hospital in the network of providers under contract with the health maintenance organization to provide services to recipients of Medicaid or enrollees in the Childrens Health Insurance Program, as applicable.
Sec. 14. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 13 of this act, or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
κ2019 Statutes of Nevada, Page 1927 (CHAPTER 314, AB 66)κ
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 15. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
A managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall negotiate in good faith to enter into a contract with a psychiatric hospital with an endorsement as a crisis stabilization center pursuant to section 1 of this act to include the psychiatric hospital in the network of providers under contract with the managed care organization to provide services to recipients of Medicaid or insureds in the Childrens Health Insurance Program, as applicable.
Sec. 16. This act becomes effective:
1. Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 1928κ
Assembly Bill No. 141Assemblymen Hardy, Roberts; Hafen and Leavitt
CHAPTER 315
[Approved: June 3, 2019]
AN ACT relating to pharmacy benefit managers; prohibiting a pharmacy benefit manager from imposing certain limitations on the conduct of a pharmacist or pharmacy under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law forbids a pharmacy benefit manager, which is defined as an entity that contracts with or is employed by a third party and manages the pharmacy benefits plan provided by the third party, from prohibiting a pharmacist or pharmacy from providing information to a person covered by a pharmacy benefits plan concerning the amount of any copayment or coinsurance for a prescription drug or the clinical efficacy of a less expensive alternative drug. (NRS 683A.179) This bill additionally forbids a pharmacy benefit manager from prohibiting a pharmacist or pharmacy, other than an institutional pharmacy or a pharmacist working in an institutional pharmacy, from providing information to such a person concerning the availability of a less expensive drug.
Existing law prohibits a pharmacy benefit manager from penalizing a pharmacist or pharmacy for selling a less expensive alternative drug to a person covered by a pharmacy benefits plan. (NRS 683A.179) This bill also prohibits a pharmacy benefit manager from penalizing a pharmacist or pharmacy, other than an institutional pharmacy or a pharmacist working in an institutional pharmacy, for selling a less expensive generic drug to such a person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 683A.179 is hereby amended to read as follows:
683A.179 1. A pharmacy benefit manager shall not:
(a) Prohibit a pharmacist or pharmacy from providing information to a covered person concerning [the] :
(1) The amount of any copayment or coinsurance for a prescription drug [or informing a covered person concerning the] ; or
(2) The availability of a less expensive alternative or generic drug including, without limitation, information concerning clinical efficacy of such a [less expensive alternative] drug;
(b) Penalize a pharmacist or pharmacy for providing the information described in paragraph (a) or selling a less expensive alternative or generic drug to a covered person;
(c) Prohibit a pharmacy from offering or providing delivery services directly to a covered person as an ancillary service of the pharmacy; or
(d) If the pharmacy benefit manager manages a pharmacy benefits plan that provides coverage through a network plan, charge a copayment or coinsurance for a prescription drug in an amount that is greater than the total amount paid to a pharmacy that is in the network of providers under contract with the third party.
κ2019 Statutes of Nevada, Page 1929 (CHAPTER 315, AB 141)κ
2. The provisions of this section:
(a) Must not be construed to authorize a pharmacist to dispense a drug that has not been prescribed by a practitioner, as defined in NRS 639.0125.
(b) Do not apply to an institutional pharmacy, as defined in NRS 639.0085, or a pharmacist working in such a pharmacy as an employee or independent contractor.
3. As used in this section, network plan means a health benefit plan offered by a health carrier under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.
Sec. 2. 1. The provisions NRS 683A.179, as amended by section 1 of this act, apply to any contract entered into before, on or after July 1, 2019, with a pharmacy benefit manager to manage a pharmacy benefits plan for a third party.
2. As used in this section:
(a) Pharmacy benefit manager has the meaning ascribed to it in NRS 683A.174.
(b) Pharmacy benefits plan has the meaning ascribed to it in NRS 683A.175.
(c) Third party has the meaning ascribed to it in NRS 683A.176.
Sec. 3. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 151Committee on Health and Human Services
CHAPTER 316
[Approved: June 3, 2019]
AN ACT relating to public welfare; requiring certain persons to report the commercial sexual exploitation of a child to an agency which provides child welfare services; requiring all persons to report the commercial sexual exploitation of a child to a law enforcement agency in certain circumstances; authorizing a fee for certain costs relating to information maintained by an agency which provides child welfare services; requiring an agency which provides child welfare services to adopt certain rules, policies or regulations; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain persons who, in their professional or occupational capacity, know or have reasonable cause to believe that a child has been abused or neglected to report the abuse or neglect to an agency which provides child welfare services or a law enforcement agency. (NRS 432B.220) Section 12 of this bill requires any such person who is required to report the abuse or neglect of a child and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child is a commercially sexually exploited child, to report the commercial sexual exploitation to an agency which provides child welfare services as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child is a commercially sexually exploited child. Section 12 provides that any person who knowingly and willfully violates such a requirement is guilty of a misdemeanor for the first violation and a gross misdemeanor for each subsequent violation.
κ2019 Statutes of Nevada, Page 1930 (CHAPTER 316, AB 151)κ
a requirement is guilty of a misdemeanor for the first violation and a gross misdemeanor for each subsequent violation. Section 12 also requires any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child to immediately contact a law enforcement agency if an alleged perpetrator of the commercial sexual exploitation is or is alleged to be present with the child, or the child is otherwise in imminent danger to report the commercial sexual exploitation of the child.
The Nevada Rules of Professional Conduct generally prohibit an attorney from revealing information relating to the representation of a client unless the client consents to the disclosure or the disclosure is impliedly authorized to carry out the representation. However, the Rules require an attorney to reveal such information to the extent the attorney reasonably believes necessary to prevent a criminal act that is likely to result in reasonably certain death or substantial bodily harm. Additionally, the Rules authorize an attorney to reveal such information in certain other circumstances. (RPC 1.6) The Restatement (Third) of the Law Governing Lawyers states that serious bodily harm includes the consequences of child sexual abuse. (Restatement (Third) of the Law Governing Lawyers § 66 cmt. c (2000)) Section 12.5 of this bill: (1) prohibits an attorney from making a report pursuant to section 12 when prohibited by the Nevada Rules of Professional Conduct; and (2) requires an attorney to make a report pursuant to section 12 when necessary to prevent further sex trafficking or sexual abuse of a child and in other circumstances when such reporting is authorized by the Nevada Rules of Professional Conduct.
Section 13 of this bill requires an agency which provides child welfare services, upon receiving a report concerning the commercial sexual exploitation of a child, to: (1) conduct an initial screening; and (2) report the commercial sexual exploitation to the appropriate law enforcement agency. Section 13 additionally authorizes such an agency to: (1) if the child resides in another jurisdiction, initiate contact with an agency which provides child welfare services in that jurisdiction; and (2) conduct an assessment relating to abuse or neglect of the child. Section 13 further sets forth the actions that an agency which provides child welfare services is authorized to take if no abuse or neglect of the child is identified.
Section 14 of this bill provides that information maintained pursuant to sections 2-15 of this bill by an agency which provides child welfare services is confidential and any person who willfully releases or disseminates such information, except in certain authorized circumstances, is guilty of a misdemeanor.
Section 15 of this bill establishes provisions relating to the authorized release of information maintained pursuant to sections 2-15 by an agency which provides child welfare services. Section 15 generally provides that any person to whom such information is provided who further disseminates the information or makes the information public is guilty of a gross misdemeanor. Section 15 also: (1) authorizes an agency which provides child welfare services to charge a fee for processing costs necessary to prepare such information for authorized release; and (2) requires an agency which provides child welfare services to adopt rules, policies or regulations to carry out the provisions of law relating to the authorized release of such information.
Existing law provides that if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, and the violent or sexual offense would constitute abuse or neglect of a child, the report shall be deemed to be a report of the abuse or neglect of the child that is required by law. (NRS 202.894) Section 16 of this bill provides that if the sexual or violent offense would constitute the commercial sexual exploitation of a child, the report shall be deemed to be a report of the commercial sexual exploitation of a child that is required by section 12.
Sections 18 and 19 of this bill make certain provisions of law that apply to the duty of certain professionals to report the abuse or neglect of a child also apply to the duty of such professionals to report the commercial sexual exploitation of a child pursuant to section 12.
κ2019 Statutes of Nevada, Page 1931 (CHAPTER 316, AB 151)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. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Agency which provides child welfare services means:
1. In a county whose population is less than 100,000, the local office of the Division of Child and Family Services of the Department of Health and Human Services; or
2. In a county whose population is 100,000 or more, the agency of the county,
Κ which provides or arranges for necessary child welfare services.
Sec. 4. Child means a person under the age of 18 years.
Sec. 5. Child welfare services has the meaning ascribed to it in NRS 432B.044.
Sec. 6. Commercial sexual exploitation means the sex trafficking of a child in violation of NRS 201.300 or the sexual abuse or sexual exploitation of a child for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
Sec. 7. Commercially sexually exploited child means any child who is sex trafficked in violation of NRS 201.300, sexually abused or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
Sec. 8. Information maintained by an agency which provides child welfare services means data or information concerning reports and assessments made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.
Sec. 9. Sexual abuse has the meaning ascribed to it in NRS 432B.100.
Sec. 10. Sexual exploitation has the meaning ascribed to it in NRS 432B.110.
Sec. 11. For the purposes of this chapter, a person:
1. Has reasonable cause to believe if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts as soon as reasonably practicable if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
κ2019 Statutes of Nevada, Page 1932 (CHAPTER 316, AB 151)κ
Sec. 12. 1. Except as otherwise provided in subsection 2 and section 12.5 of this act, any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child may report the commercial sexual exploitation of the child to an agency which provides child welfare services.
2. Except as otherwise provided in section 12.5 of this act, any person who is required to make a report pursuant to NRS 432B.220 and who, in his or her professional capacity, knows or has reasonable cause to believe that a child is a commercially sexually exploited child shall:
(a) Report the commercial sexual exploitation of the child to an agency which provides child welfare services; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child is a commercially sexually exploited child.
3. If an alleged perpetrator of the commercial sexual exploitation of a child is or is alleged to be present with the child, or if the child is otherwise in imminent danger, any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child, including, without limitation, a person who is required to make a report pursuant to NRS 432B.220 shall immediately contact a law enforcement agency to report the commercial sexual exploitation of the child. Failure to make such a report is a misdemeanor.
4. Any person who knowingly and willfully violates the provisions of subsection 2 is guilty of:
(a) For the first violation, a misdemeanor.
(b) For each subsequent violation, a gross misdemeanor.
Sec. 12.5. 1. An attorney shall not make a report of the commercial sexual exploitation of a child if such reporting conflicts with the ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct.
2. Nothing in this section shall be construed as relieving an attorney from the duty to report the commercial sexual exploitation of a child pursuant to section 12 of this act:
(a) To the extent the attorney reasonably believes necessary to prevent the further sex trafficking or sexual abuse of the child; or
(b) In any other circumstance for which such a report is authorized by the Nevada Rules of Professional Conduct.
Sec. 13. 1. Upon the receipt of a report pursuant to section 12 of this act, an agency which provides child welfare services:
(a) Shall conduct an initial screening to determine whether there is reasonable cause to believe that the child is a victim of commercial sexual exploitation;
(b) Shall make a report to the appropriate law enforcement agency for the purpose of identifying the perpetrator of the commercial sexual exploitation;
(c) If the child resides in another jurisdiction, may initiate contact with an agency which provides child welfare services in the jurisdiction in which the child resides to provide notification of the circumstances surrounding the childs removal from the jurisdiction or placement in another location; and
(d) May conduct an assessment pursuant to chapter 432B of NRS.
κ2019 Statutes of Nevada, Page 1933 (CHAPTER 316, AB 151)κ
2. If an agency which provides child welfare services conducts an assessment pursuant to chapter 432B of NRS and no abuse or neglect of a child is identified, the agency may:
(a) Conduct an assessment of the family of the child to determine which services, if any, the family needs or refer the family to a person or an organization that has entered into a written agreement with the agency to make such an assessment; and
(b) If appropriate, provide to the child and his or her family counseling, training or other services relating to commercial sexual exploitation or refer the child and his or her family to a person or an organization that has entered into an agreement with the agency to provide those services.
3. If an agency which provides child welfare services has entered into an agreement with a person or an organization to provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection 2, the agency shall require the person or organization to notify the agency if:
(a) The child or his or her family refuses or fails to participate in such services; or
(b) The person or organization determines that there is a serious risk to the health or safety of the child.
4. As used in this section, abuse or neglect of a child has the meaning ascribed to it in NRS 432B.020.
Sec. 14. 1. Except as otherwise provided in NRS 239.0115 and 439.538 and except as otherwise authorized or required pursuant to section 15 of this act, information maintained by an agency which provides child welfare services, including, without limitation, reports and assessments made pursuant to this chapter, is confidential.
2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:
(a) Pursuant to a criminal prosecution relating to the commercial sexual exploitation of a child;
(b) As otherwise authorized or required pursuant to section 15 of this act; or
(c) As otherwise authorized or required pursuant to NRS 439.538,
Κ is guilty of a misdemeanor.
Sec. 15. 1. Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
2. Except as otherwise provided in this section, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:
(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe is a commercially sexually exploited child;
(b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe is a commercially sexually exploited child and the person requires the information to determine whether to place the child in protective custody;
κ2019 Statutes of Nevada, Page 1934 (CHAPTER 316, AB 151)κ
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the commercial sexual exploitation of a child;
(e) A court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
(g) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(h) Except as otherwise provided in subsection 4, a federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from commercial sexual exploitation;
(i) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
(j) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the commercial sexual exploitation of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;
(k) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons; or
(l) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency.
3. Before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports that a child is a commercially sexually exploited child and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged commercial sexual exploitation of a child or the life or safety of any person.
4. An agency which provides child welfare services shall not provide information maintained by the agency which provides child welfare services to a juvenile court only to facilitate a determination by the court related to the adjudication of a child who is accused of:
κ2019 Statutes of Nevada, Page 1935 (CHAPTER 316, AB 151)κ
(a) Sex trafficking a child in violation of NRS 201.300; or
(b) Facilitating sex trafficking of a child in violation of NRS 201.301.
5. The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.
6. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.
7. Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.
8. Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to a district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings against any person alleged to be the perpetrator of the commercial sexual exploitation of a child.
9. An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.
10. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.
11. As used in this section, parent has the meaning ascribed to it in NRS 432B.080.
Sec. 16. NRS 202.894 is hereby amended to read as follows:
202.894 If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to NRS 202.882, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, or the commercial sexual exploitation, as defined in section 6 of this act, of a child, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 or a report of the commercial sexual exploitation of a child that has been made pursuant to section 12 of this act, as applicable, and:
1. The appropriate agencies shall act upon the report pursuant to chapter 432B of NRS [;] or sections 2 to 15, inclusive, of this act, as applicable; and
2. The report may be used in the same manner as other reports that are made pursuant to NRS 432B.220 [.] or section 12 of this act.
Sec. 17. 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.
κ2019 Statutes of Nevada, Page 1936 (CHAPTER 316, AB 151)κ
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.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.
κ2019 Statutes of Nevada, Page 1937 (CHAPTER 316, AB 151)κ
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, and sections 14 and 15 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. 18. NRS 629.550 is hereby amended to read as follows:
629.550 1. If a patient communicates to a mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable person and, in the judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall apply for the emergency admission of the patient to a mental health facility pursuant to NRS 433A.160 or make a reasonable effort to communicate the threat in a timely manner to:
(a) The person who is the subject of the threat;
(b) The law enforcement agency with the closest physical location to the residence of the person; and
κ2019 Statutes of Nevada, Page 1938 (CHAPTER 316, AB 151)κ
(c) If the person is a minor, the parent or guardian of the person.
2. A mental health professional shall be deemed to have made a reasonable effort to communicate a threat pursuant to subsection 1 if:
(a) The mental health professional actually communicates the threat in a timely manner; or
(b) The mental health professional makes a good faith attempt to communicate the threat in a timely manner and the failure to actually communicate the threat in a timely manner does not result from the negligence or recklessness of the mental health professional.
3. A mental health professional who exercises reasonable care in determining that he or she:
(a) Has a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for disclosing confidential or privileged information.
(b) Does not have a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any damages caused by the actions of a patient.
4. The provisions of this section do not:
(a) Limit or affect the duty of the mental health professional to report child abuse or neglect pursuant to NRS 432B.220 [;] or the commercial sexual exploitation of a child pursuant to section 12 of this act; or
(b) Modify any duty of a mental health professional to take precautions to prevent harm by a patient:
(1) Who is in the custody of a hospital or other facility where the mental health professional is employed; or
(2) Who is being discharged from such a facility.
5. As used in this section, mental health professional includes:
(a) A physician or psychiatrist licensed to practice medicine in this State pursuant to chapter 630 or 633 of NRS;
(b) A psychologist who is licensed to practice psychology pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;
(c) A social worker who:
(1) Holds a masters degree in social work;
(2) Is licensed as a clinical social worker pursuant to chapter 641B of NRS; and
(3) Is employed by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(d) A registered nurse who:
(1) Is licensed to practice professional nursing pursuant to chapter 632 of NRS; and
(2) Holds a masters degree in psychiatric nursing or a related field;
(e) A marriage and family therapist licensed pursuant to chapter 641A of NRS;
(f) A clinical professional counselor licensed pursuant to chapter 641A of NRS; and
(g) A person who is working in this State within the scope of his or her employment by the Federal Government, including, without limitation, employment with the Department of Veterans Affairs, the military or the Indian Health Service, and is:
κ2019 Statutes of Nevada, Page 1939 (CHAPTER 316, AB 151)κ
(1) Licensed or certified as a physician, psychologist, marriage and family therapist, clinical professional counselor, alcohol and drug abuse counselor or clinical alcohol and drug abuse counselor in another state;
(2) Licensed as a social worker in another state and holds a masters degree in social work; or
(3) Licensed to practice professional nursing in another state and holds a masters degree in psychiatric nursing or a related field.
Sec. 19. NRS 640B.700 is hereby amended to read as follows:
640B.700 1. The Board may refuse to issue a license to an applicant or may take disciplinary action against a licensee if, after notice and a hearing as required by law, the Board determines that the applicant or licensee:
(a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or the District of Columbia;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;
(c) Has been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;
(d) Is addicted to alcohol or any controlled substance;
(e) Has violated the provisions of NRS 200.5093, 200.50935 or 432B.220 [;] or section 12 of this act;
(f) Is guilty of gross negligence in his or her practice as an athletic trainer;
(g) Is not competent to engage in the practice of athletic training;
(h) Has failed to provide information requested by the Board within 60 days after receiving the request;
(i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;
(j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;
(k) Has solicited or received compensation for services that he or she did not provide;
(l) If the licensee is on probation, has violated the terms of the probation;
(m) Has terminated professional services to a client in a manner that detrimentally affected that client; or
(n) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
2. The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing as required by law:
(a) Refuse to issue a license to the applicant;
(b) Refuse to renew or restore the license of the licensee;
(c) Suspend or revoke the license of the licensee;
(d) Place the licensee on probation;
κ2019 Statutes of Nevada, Page 1940 (CHAPTER 316, AB 151)κ
(e) Impose an administrative fine of not more than $5,000;
(f) Require the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or
(g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.
3. The Board shall not issue a private reprimand to a licensee.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
________
Assembly Bill No. 205Assemblywomen Gorelow; Duran, Martinez and Nguyen
CHAPTER 317
[Approved: June 3, 2019]
AN ACT relating to education; requiring the establishment of an integrated pest management policy for controlling pests and weeds on the property of a school district; requiring the appointment of a chief integrated pest management coordinator in each school district; authorizing the appointment of subordinate integrated pest management coordinators; requiring certain employees of a school district to be certified in integrated pest management if the certification is available at no additional cost to the school district; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the board of trustees of a school district to manage and control school property within the district, except for the property of a charter school. (NRS 393.010) Existing law requires the board of trustees of each school district to ensure that the public schools within the school district use only environmentally sensitive cleaning and maintenance products in the cleaning of all floor surfaces in the public schools within the school district. (NRS 386.4195) Section 3 of this bill requires the board of trustees of each school district to establish and maintain an integrated pest management policy to provide pest and weed control on the property of the district. Section 3 prescribes the required contents of such a policy, which include: (1) a procedure for monitoring the property of the district to determine when pests or weeds are present and, when pest or weed problems are significant, to take corrective action; and (2) written guidelines for determining when specific measures should be taken to control pests and weeds. Section 4 of this bill requires the superintendent of a school district to appoint a chief integrated pest management coordinator to carry out the policy. Section 4 also authorizes a superintendent to appoint subordinate integrated pest management coordinators to assist the chief integrated pest management coordinator in the performance of his or her duties. Section 5 of this bill requires the board of trustees of a school district to ensure that at least 10 percent of the employees of the school district who provide custodial or maintenance services are certified in integrated pest management if the certification is available at no additional cost to the school district, by a nonprofit organization that meets certain qualifications.
κ2019 Statutes of Nevada, Page 1941 (CHAPTER 317, AB 205)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 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, integrated pest management means a strategy for controlling pests and weeds with minimal use of pesticides or herbicides.
Sec. 3. 1. The board of trustees of each school district shall adopt and maintain an integrated pest management policy to provide pest and weed control on the property of the district. The integrated pest management policy must include, without limitation:
(a) The qualifications for a person to be authorized to apply pesticides or herbicides on any property belonging to the district;
(b) Information concerning the designation of and required training for a chief or subordinate integrated pest management coordinator appointed pursuant to section 4 of this act;
(c) A procedure for monitoring the property of the district to determine when pests or weeds are present and, when significant, for taking corrective action;
(d) Written guidelines for determining when to take specific measures to control pests and weeds, which must:
(1) Prioritize the use of preventive measures, including, without limitation, proper maintenance and sanitation to deny pests access to food, water and shelter;
(2) Require the use of nonchemical pest or weed management before using pesticides or herbicides; and
(3) Require any use of pesticides or herbicides to be carried out in a manner that creates the lowest possible risk to health and safety;
(e) A system for maintaining records of reports of inspections of facilities, work orders and service reports for pest or weed control services, applications of pesticides or herbicides and complaints concerning pesticides or herbicides, including, without limitation, rules concerning the length of time that such records must be maintained;
(f) A plan for educating and, if appropriate, training employees of the school district concerning their roles and duties concerning the integrated pest management policy; and
(g) A procedure to notify school employees, pupils, parents or guardians of pupils and other affected persons before any pesticide or herbicide is applied on the property of a school. Such notice may be provided by telephone, in writing or by electronic mail.
2. The superintendent of each school district and each chief and subordinate integrated pest management coordinator appointed pursuant to section 4 of this act shall maintain a copy of the integrated pest management policy established pursuant to subsection 1.
Sec. 4. 1. The superintendent of each school district:
(a) Shall appoint a chief integrated pest management coordinator to carry out the integrated pest management policy established pursuant to section 3 of this act; and
κ2019 Statutes of Nevada, Page 1942 (CHAPTER 317, AB 205)κ
(b) May appoint subordinate integrated pest management coordinators to assist the chief integrated pest management coordinator in the performance of his or her duties.
2. An employee of the school district may be appointed as the chief integrated pest management coordinator or subordinate integrated pest management coordinator pursuant to subsection 1.
3. Not later than 90 days after appointing a chief or subordinate integrated pest management coordinator, the superintendent shall report to the Department:
(a) The name, address, telephone number and electronic mail address of the integrated pest management coordinator;
(b) The effective date of the appointment; and
(c) The role to which the person has been appointed.
4. A chief or subordinate integrated pest manager appointed pursuant to this section shall:
(a) Oversee any staff who are responsible for pest and weed control and ensure proper training of such staff in accordance with section 5 of this act and the pest management policy established pursuant to section 3 of this act;
(b) Oversee the work of any contractor who is engaged to provide pest and weed control;
(c) Communicate with school administrators, the superintendent of the school district and the board of trustees of the school district concerning planned activities to control pests and weeds; and
(d) Ensure compliance with the integrated pest management policy established pursuant to section 3 of this act, including, without limitation, the system for maintaining records and the procedure prescribed in the policy for providing notification before the application of a pesticide or herbicide on property belonging to the school district.
Sec. 5. 1. If a certification in integrated pest management that meets the requirements of subsection 2 is available at no additional cost to a school district, the board of trustees of each school district must ensure that at least 10 percent of the employees of the school district who provide custodial or maintenance services hold such a certification.
2. A certification in integrated pest management is valid for the purposes of subsection 1 if the certification was issued by a nonprofit organization that:
(a) Is recognized nationally or internationally;
(b) Has at least 15 years of experience providing education and training to school employees concerning management of pests in structures and landscape;
(c) Displays ongoing involvement in the development of integrated pest management strategies;
(d) Requires a majority of its officers and board of directors to hold an advanced degree in a field related to pest management and a certification or other credential in integrated pest management; and
(e) Provides training that is required for the certification in a manner that is accessible in-person or remotely.
κ2019 Statutes of Nevada, Page 1943 (CHAPTER 317, AB 205)κ
Sec. 6. The board of trustees of a school district shall adopt an integrated pest management policy pursuant to section 3 of this act on or before January 1, 2020, and conduct all pest and weed control activities occurring thereafter on the property of the district in accordance with such a policy.
Sec. 7. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. This act becomes effective:
1. Upon passage and approval for the purpose of developing an integrated pest management policy pursuant to section 3 of this act, appointing chief and subordinate integrated pest management coordinators pursuant to section 4 of this act 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.
________
Assembly Bill No. 367Assemblymen Yeager, Krasner and Munk
Joint Sponsor: Senator Pickard
CHAPTER 318
[Approved: June 3, 2019]
AN ACT relating to persons with addictive disorders; establishing the preferred manner of referring to such persons in Nevada Revised Statutes and the Nevada Administrative Code; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill establishes the preferred manner of referring to persons affected by addictive disorders and other terms related to such persons in the Nevada Revised Statutes and the Nevada Administrative Code. The bill requires the Legislative Counsel, to the extent practicable, to ensure that persons affected by addictive disorders are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder, and provides that it is the policy of this State that such persons are referred to in a similar manner in the Nevada Administrative Code.
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 220.125 is hereby amended to read as follows:
220.125 1. The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disability [.] as follows:
κ2019 Statutes of Nevada, Page 1944 (CHAPTER 318, AB 367)κ
[2.] (a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, persons with disabilities, persons with mental illness, persons with developmental disabilities, persons with intellectual disabilities and other words and terms that are structured in a similar manner.
[3.] (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, disabled, handicapped, mentally disabled, mentally ill, mentally retarded and other words and terms that tend to equate the disability with the person.
2. The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons affected by addictive disorders are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder as follows:
(a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, addictive disorder, persons with addictive disorders, person with an addictive disorder, person with an addictive disorder related to gambling and substance use disorder.
(b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, addict, alcoholic, alcohol abuse, alcohol abuser, alcohol and drug abuser, drug abuse, drug addict, problem gambler, substance abuse and substance abuser.
Sec. 2. NRS 233B.062 is hereby amended to read as follows:
233B.062 1. It is the policy of this State that every regulation of an agency be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy:
(a) The Attorney General must develop guidelines for drafting regulations; and
(b) Every permanent regulation must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, any signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation must be distributed in the same manner as the Nevada Administrative Code.
2. It is the policy of this State that [persons] :
(a) Persons with physical, mental or cognitive disabilities are to be referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to the persons disability [,] ; and
(b) Terms related to persons affected by addictive disorders are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder,
Κ in the same manner as provided in NRS 220.125 for Nevada Revised Statutes.
3. The Legislative Counsel shall:
(a) Include each permanent regulation in the Nevada Administrative Code; and
(b) Distribute in the same manner as the Nevada Administrative Code each emergency or temporary regulation,
Κ that is required to be adopted pursuant to the provisions of this chapter and which is adopted by an entity other than an agency.
κ2019 Statutes of Nevada, Page 1945 (CHAPTER 318, AB 367)κ
4. The Legislative Commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.
Sec. 3. The Legislative Counsel shall:
1. In preparing the reprint and supplements to Nevada Revised Statutes in 2019, appropriately change any words and terms in Nevada Revised Statutes in the manner that the Legislative Counsel determines necessary to conform those words and terms to the provisions of NRS 220.125, as amended by section 1 of this act.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any words and terms in the Nevada Administrative Code in the manner that the Legislative Counsel determines necessary to conform those words and terms to the provisions of subsection 2 of NRS 233B.062, as amended by section 2 of this act.
Sec. 4. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 397Assemblymen Benitez-Thompson and Frierson
CHAPTER 319
[Approved: June 3, 2019]
AN ACT relating to misconduct by certain public officers; authorizing the Nevada Equal Rights Commission to recommend removal of certain public officers under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Governor and other state and certain judicial officers may be impeached for misdemeanor or malfeasance in office. (Nev. Const. Art. 7, § 2) The Assembly of the Nevada Legislature has the sole power to impeach, and all impeachments are tried by the Senate. (Nev. Const. Art. 7, § 1) Existing law requires that provision for the removal of local elected officers and certain other officers be made by law. (Nev. Const. Art. 7, § 4) Existing law authorizes the removal of certain public officers for malpractice or malfeasance in office. (NRS 283.440) Existing law establishes the Nevada Equal Rights Commission. (NRS 233.010-233.210) The Commission is authorized to investigate and conduct hearings regarding any unlawful employment practice by an employer. (NRS 233.150) Under existing law, an unlawful employment practice includes discrimination by an employer against a person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin. An unlawful employment practice based on sex includes a prohibition on engaging in acts that constitute sexual harassment. (NRS 613.330; Switzer v. Rivera, 174 F. Supp. 2d 1097 (D. Nev. 2001)) If the Administrator of the Commission determines that an unlawful employment practice has occurred, the Administrator is required to attempt to mediate between or reconcile the parties. If such attempts fail, the Commission is authorized to hold a public hearing on the matter and take certain actions if the Commission finds an unlawful employment practice has occurred. (NRS 233.170)
Section 1 of this bill requires the Commission to accept a complaint that alleges a local elected officer has engaged in an unlawful employment practice regarding discrimination and take appropriate action. Section 1 also requires the Commission to present a complaint to the district court if the Commission determines in a public hearing that a local elected officer has committed an unlawful employment practice regarding discrimination in employment and that the discriminatory practice is severe or pervasive such that removal from office is appropriate.
κ2019 Statutes of Nevada, Page 1946 (CHAPTER 319, AB 397)κ
hearing that a local elected officer has committed an unlawful employment practice regarding discrimination in employment and that the discriminatory practice is severe or pervasive such that removal from office is appropriate. Section 1 requires that any fine or penalty assessed against an elected officer be paid in his or her personal capacity. Section 2.5 of this bill defines malfeasance in office to include, without limitation, engaging in an unlawful employment practice of discrimination or willfully failing to comply with any other sanction imposed by the Commission.
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 233 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Commission shall accept a complaint that alleges that a local elected officer has engaged in an unlawful employment practice of discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330 and take appropriate action.
2. The Commission shall present a complaint to the district court pursuant to NRS 283.440 if the Commission determines after a hearing held pursuant to subsection 3 of NRS 233.170 that a local elected officer has engaged in an unlawful employment practice of discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330 and that the discriminatory practice that forms the basis of such a complaint is severe or pervasive such that removal from office is an appropriate remedy. In addition to any monetary penalties, the Commission may impose upon the local elected officer any other reasonable sanction, including, without limitation, a requirement to complete a course or training related to the unlawful employment practice of discrimination.
3. Any fine or penalty required to be paid by a local elected officer because such officer was determined to have engaged in an unlawful employment practice of discrimination pursuant to subsection 2 must be assessed against such officer in his or her personal capacity, and may not be paid with public money or contributions received pursuant to chapter 294A of NRS. Except for a fine or a penalty, no damages may be assessed against the local elected officer in his or her personal capacity.
4. As used in this section, local elected officer means a person who holds a local government office to which the person was elected.
Sec. 2. (Deleted by amendment.)
Sec. 2.5. NRS 283.440 is hereby amended to read as follows:
283.440 1. Any person who is now holding or who shall hereafter hold any office in this State and who refuses or neglects to perform any official act in the manner and form prescribed by law, or who is guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section, except that this section does not apply to:
(a) A justice or judge of the court system;
(b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution; or
κ2019 Statutes of Nevada, Page 1947 (CHAPTER 319, AB 397)κ
(c) A State Legislator removable from office only through expulsion by the State Legislators own House pursuant to Section 6 of Article 4 of the Nevada Constitution.
2. Whenever a complaint in writing, duly verified by the oath of any complainant, is presented to the district court alleging that any officer within the jurisdiction of the court:
(a) Has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in the officers office;
(b) Has refused or neglected to perform the official duties pertaining to the officers office as prescribed by law; or
(c) Has been guilty of any malpractice or malfeasance in office,
Κ the court shall cite the party charged to appear before it on a certain day, not more than 10 days or less than 5 days from the day when the complaint was presented. On that day, or some subsequent day not more than 20 days from that on which the complaint was presented, the court, in a summary manner, shall proceed to hear the complaint and evidence offered by the party complained of. If, on the hearing, it appears that the charge or charges of the complaint are sustained, the court shall enter a decree that the party complained of shall be deprived of the partys office.
3. The clerk of the court in which the proceedings are had, shall, within 3 days thereafter, transmit to the Governor or the board of county commissioners of the proper county, as the case may be, a copy of any decree or judgment declaring any officer deprived of any office under this section. The Governor or the board of county commissioners, as the case may be, shall appoint some person to fill the office until a successor shall be elected or appointed and qualified. The person so appointed shall give such bond as security as is prescribed by law and pertaining to the office.
4. If the judgment of the district court is against the officer complained of and an appeal is taken from the judgment so rendered, the officer so appealing shall not hold the office during the pendency of the appeal, but the office shall be filled as in case of a vacancy.
5. As used in this section, malfeasance in office includes, without limitation:
(a) Engaging in an unlawful employment practice of discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330 that is severe or pervasive such that removal from office is an appropriate remedy.
(b) Willfully failing to comply with any other sanction imposed upon a local elected officer pursuant to section 1 of this act.
Sec. 3. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1948κ
Assembly Bill No. 427Committee on Government Affairs
CHAPTER 320
[Approved: June 3, 2019]
AN ACT relating to the Nevada System of Higher Education; requiring the waiver of the payment of registration fees and certain other fees assessed against students within the System who are veterans who have been awarded the Purple Heart; prohibiting the assessment of tuition charges against such students; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of Regents of the University of Nevada to grant a waiver of registration and certain other fees to certain persons, such as members of the Nevada National Guard, the children and surviving spouses of such members who are killed in the line of duty and the spouse or children of a person who is identified as a prisoner of war or missing in action while performing his or her duties as a member of the Armed Forces of the United States. (NRS 396.544, 396.5442, 396.5445) Section 1 of this bill requires the Board of Regents to waive the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who is a veteran of the Armed Forces of the United States who has been awarded the Purple Heart to the extent that the fees exceed the amount of any federal educational benefits to which the veteran is entitled.
Existing law authorizes the Board of Regents to assess tuition charges for students at all campuses of the Nevada System of Higher Education who are not residents of Nevada. The tuition charges are in addition to registration fees and other fees assessed against students who are residents of this State. Existing law also prohibits the Board of Regents from assessing tuition charges against certain students, including certain veterans of the Armed Forces of the United States. (NRS 396.540) Section 1.5 of this bill prohibits the Board of Regents from assessing tuition charges against veterans who have been awarded the Purple Heart.
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 a new section to read as follows:
1. The Board of Regents shall grant a waiver of the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who is a veteran of the Armed Forces of the United States who has been awarded the Purple Heart.
2. The amount of the waiver must be equal to:
(a) If the student is entitled to receive any federal educational benefits for a semester, the balance of registration fees, laboratory fees and any other mandatory fees assessed against the student that remain unpaid after the students account has been credited with the full amount of the federal educational benefits to which the student is entitled for that semester; or
κ2019 Statutes of Nevada, Page 1949 (CHAPTER 320, AB 427)κ
(b) If the student is not entitled to receive any federal educational benefits for a semester, the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.
3. The waiver must be granted to a student who enrolls in any program offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program or a professional program.
4. For the purpose of assessing fees and charges against a student to whom a waiver is granted pursuant to this section, including, without limitation, tuition charges pursuant to NRS 396.540, such a student shall be deemed to be a bona fide resident of this State.
5. The Board of Regents may grant more favorable waivers of registration fees, laboratory fees and any other mandatory fees for veterans of the Armed Forces of the United States who have been awarded the Purple Heart than the waiver provided pursuant to this section if required for the receipt of federal money.
Sec. 1.5. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification bona fide is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Matriculation has the meaning ascribed to it in regulations adopted by the Board of Regents.
(c) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:
(a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;
(c) All students whose parent, legal guardian or spouse is a member of the Armed Forces of the United States who:
(1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; or
(2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student enrolled at an institution of the System if such students maintain continuous enrollment at an institution of the System;
(d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(9);
κ2019 Statutes of Nevada, Page 1950 (CHAPTER 320, AB 427)κ
(e) All public school teachers who are employed full-time by school districts in the State of Nevada;
(f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;
(g) Employees of the System who take classes other than during their regular working hours;
(h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;
(i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge; [and]
(j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged within the 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the System [.] ; and
(k) Veterans of the Armed Forces of the United States who have been awarded the Purple Heart.
3. The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States who were honorably discharged than the exemption provided pursuant to paragraph (j) of subsection 2, if required for the receipt of federal money.
4. The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1951κ
Assembly Bill No. 429Committee on Government Affairs
CHAPTER 321
[Approved: June 3, 2019]
AN ACT relating to veterans; requiring the Department of Employment, Training and Rehabilitation to designate certain critical need occupations; authorizing the Board of Regents of the University of Nevada to grant a waiver of certain fees to veterans who enroll in certain graduate degree programs; authorizing the Board of Regents of the University of Nevada to determine whether certain grants are available and apply for such grants; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Department of Employment, Training and Rehabilitation. (NRS 232.900-232.960) The Department works to support employment and economic independence for disadvantaged, displaced or disabled residents of this State. (NRS 232.910) Section 1 of this bill requires the Department to designate occupations as critical need occupations within the fields of science, technology, engineering, arts, mathematics or health science for the purposes of waiving fees pursuant to section 4 of this bill. Section 2 of this bill makes a conforming change.
Existing law authorizes the Board of Regents of the University of Nevada to grant a waiver of certain fees for certain persons with a connection to the Armed Forces. (NRS 396.544, 396.5442, 396.5445) Section 4 authorizes the Board of Regents to grant a partial waiver of registration fees and other fees to a veteran in certain circumstances. Section 4 requires that a veteran may receive such a grant only if: (1) the veteran has completed a bachelors degree and is enrolled in or plans to enroll in a graduate degree program related to certain occupations in science, technology, engineering, arts, mathematics and health science; and (2) the veteran or a third party will cover the remainder of the cost of the graduate degree program. Section 4 also requires the veteran to maintain a 2.75 grade point average. Section 5 of this bill authorizes the Board of Regents to apply for grants to assist the Nevada System of Higher Education in funding the costs of the waiver of fees granted to a veteran pursuant to section 4. Section 5 also authorizes the Board of Regents to accept gifts, grants, bequests and donations of money to fund the cost of providing the waiver of fees to a veteran.
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 232 of NRS is hereby amended by adding thereto a new section to read as follows:
The Department shall designate which occupations are critical need occupations within science, technology, engineering, arts, mathematics or health science fields for the purpose of a waiver of registration fees and other fees granted to a veteran pursuant to section 4 of this act.
Sec. 2. NRS 232.900 is hereby amended to read as follows:
232.900 As used in NRS 232.900 to 232.960, inclusive, and section 1 of this act, unless the context otherwise requires:
κ2019 Statutes of Nevada, Page 1952 (CHAPTER 321, AB 429)κ
1. Department means the Department of Employment, Training and Rehabilitation.
2. Director means the Director of the Department.
Sec. 3. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. The Board of Regents may grant a waiver of not less than half of the total registration fees and other fees for a veteran who is a bona fide resident of this State if:
(a) The veteran has completed a bachelors degree and is enrolled in or plans to enroll in a graduate degree program within the fields of science, technology, engineering, arts, mathematics or health science designated as a critical need occupation by the Department of Employment, Training and Rehabilitation pursuant to section 1 of this act; and
(b) The veteran or a third party will pay the remainder of the registration fees and other fees of the graduate degree program.
Κ For the purpose of this subsection, a scholarship or a waiver of registration fees or other fees received by the veteran for any reason other than this subsection is deemed to be a payment by a third party.
2. A veteran is eligible for a waiver pursuant to subsection 1 if the veteran maintains at least a 2.75 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.75 grade point average if a different scale is used.
3. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 5. 1. The Board of Regents may determine whether grants are available to assist the Nevada System of Higher Education in defraying the costs of granting the waiver of registration fees and other fees to a veteran pursuant to section 4 of this act and apply for and accept any such grant.
2. The Board of Regents may accept gifts, grants, bequests and donations to fund waivers of registration fees and other fees granted to veterans pursuant to section 4 of this act.
Sec. 6. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1953κ
Assembly Bill No. 439Committee on Judiciary
CHAPTER 322
[Approved: June 3, 2019]
AN ACT relating to juvenile justice; revising provisions relating to the imposition of certain fees, costs and administrative assessments in juvenile proceedings; enacting provisions relating to the cost of medical care incurred by a child in the custody of certain facilities for the detention of children; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, the county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services. (NRS 62B.110) Section 1.5 of this bill requires the juvenile court: (1) to the extent possible, to arrange for the child to receive such services from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such services; (2) to arrange for the billing of any available public or private medical insurance to pay for such services; and (3) not to order the parent or guardian of the child to reimburse the county for the costs of such services unless the child receives such services from a provider that is not approved or the child seeks additional services beyond those recommended for the child, in which case the parent or guardian of the child shall pay the costs of such services.
Existing law authorizes the juvenile court to order a parent or guardian of a child to pay the costs of supporting the child if the child is committed to the custody of a person other than the parent or guardian or to the custody of a public or private institution or agency. (NRS 62B.120) Section 1.7 of this bill eliminates the authority of the juvenile court to order a parent or guardian of a child to pay for such costs.
Existing law provides that if a child is committed to the custody of a regional facility for the treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services of the Department of Health and Human Services. The juvenile court may order the parent or guardian of the child to reimburse the county for such costs. (NRS 62B.140) Section 2 of this bill eliminates the authority of the juvenile court to order a parent or guardian of a child to reimburse the county for such costs.
Existing law provides that if the juvenile court enters a civil judgment for any payment owed by a child or a parent or guardian of the child, the person or persons against whom the judgment is issued is liable for a collection fee. (NRS 62B.420) Section 3 of this bill eliminates the authority to impose such a collection fee.
Section 1 of this bill requires a local facility for the detention of children to arrange for the administration of medical care for any child in its custody. Section 1 also requires the county to pay for the cost of certain types of medical care for the child if the parent or legal guardian of the child does not have medical insurance for the child or the child is not otherwise eligible for Medicaid. Section 1 provides that if the parent or legal guardian of the child has medical insurance for the child or the child is otherwise eligible for Medicaid, then the parent or legal guardian is required to pay for such medical care. Section 1 also provides that regardless of whether the parent or legal guardian has medical insurance for the child or whether the child is eligible for Medicaid, the parent or legal guardian is responsible for the costs of certain types of medical care received by the child while the child is in the custody of such a facility.
κ2019 Statutes of Nevada, Page 1954 (CHAPTER 322, AB 439)κ
Existing law provides that if a child is placed under informal supervision, the child may be required to participate in a program of restitution through work or a program of cognitive training and human development. The child or the parent or guardian of the child may be ordered to pay the costs associated with the participation of the child in such programs. (NRS 62C.210) Section 4 of this bill provides that, under such circumstances: (1) the child and the parent or guardian of the child must not be ordered to pay such costs; and (2) unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
Existing law provides that if the juvenile court appoints an attorney to represent a child and the parent or guardian of the child is not indigent, the parent or guardian must pay the reasonable fees and expenses of the attorney. If the parent or guardian is indigent, the juvenile court may order the parent or guardian to reimburse the county for such fees and expenses in accordance with the ability of the parent or guardian to pay. (NRS 62D.030) Section 5 of this bill provides that the parent or guardian of a child must not be required to pay the reasonable fees and expenses of an attorney appointed by the juvenile court.
Existing law provides that if the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service, the juvenile court may order the child or the parent or guardian of the child, or both, to pay for the cost of certain insurance during those periods in which the work is performed. (NRS 62E.180) Section 7 of this bill provides that: (1) the juvenile court must not order the child or the parent or guardian of the child to pay such costs; and (2) unless the parent or guardian of the child signs a waiver of liability, the authority for which the work is performed must provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the work is performed.
Existing law provides that if a child is ordered to participate in a program of cognitive training and human development, a program for the arts or a program of sports and physical fitness, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the costs of participation in such programs or to work on projects or perform community service. (NRS 62E.210) Section 8 of this bill: (1) eliminates the authority of the juvenile court to order the child or the parent or guardian of the child, or both, to pay such costs or perform such work or community service; and (2) provides that unless the parent or guardian of the child signs a waiver of liability, the program in which the child participates must provide policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program.
Existing law provides that if the juvenile court orders that a child be provided with medical, psychiatric, psychological or other care or treatment after the parent or guardian of the child fails to provide such care or treatment, the expense of such care or treatment is a charge upon the county, but the juvenile court may order the person having the duty under law to support the child to pay part or all of the expenses of such care or treatment. (NRS 62E.280) Section 9 of this bill revises the authority of the juvenile court to order the payment of such expenses and provides that the juvenile court shall: (1) to the extent possible, arrange for the child to receive such care or treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such care or treatment; (2) arrange for the billing of any available public or private medical insurance to pay for such care or treatment; and (3) not order the parent or guardian of the child to pay the costs of such care or treatment unless the child receives such care or treatment from a provider that is not approved or the child seeks additional care or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such care or treatment.
κ2019 Statutes of Nevada, Page 1955 (CHAPTER 322, AB 439)κ
Existing law provides that if a child ordered to attend and complete a tobacco awareness and cessation program, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to attend the program. (NRS 62E.440) Section 11 of this bill eliminates the authority of the juvenile court to order the child or the parent or guardian of the child to pay such costs.
Existing law provides that if the juvenile court orders a child to participate in a program of restitution through work, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the costs associated with the participation of the child in the program or order the child to work on projects or perform community service. (NRS 62E.600) Section 12 of this bill: (1) provides that the juvenile court must not order the child or the parent or guardian of the child to pay such costs; (2) eliminates the authority of the juvenile court to order the child to perform such work or community service; and (3) provides that unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, must provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
Existing law provides that when the juvenile court orders a child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs, the juvenile court is required to order the child or the parent or guardian of the child, or both, to pay any charges relating to the evaluation and treatment of the child. (NRS 62E.620) Section 13 of this bill provides that the juvenile court: (1) shall, to the extent possible, arrange for the child to receive such evaluation and treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such evaluation and treatment; (2) shall arrange for the billing of any available public or private medical insurance to pay for such evaluation and treatment; and (3) shall not order the child or the parent or guardian of the child to pay such charges unless the child receives such evaluation and treatment from a provider that is not approved or the child seeks additional evaluation or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the charges for such evaluation and treatment.
Existing law provides that if a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court is required to order the child to participate in counseling or other psychological treatment and the child or the parent or guardian of the child, or both, to pay the cost of the child to participate in the counseling or other psychological treatment. (NRS 62E.680) Section 15 of this bill provides that the juvenile court: (1) shall, to the extent possible, arrange for the child to receive such counseling or treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such counseling or treatment; (2) shall arrange for the billing of any available public or private medical insurance to pay for such counseling or treatment; and (3) shall not order the child or the parent or guardian of the child to pay such costs unless the child receives such counseling or treatment from a provider that is not approved or the child seeks additional counseling or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such counseling or treatment.
Existing law provides that if the juvenile court orders a child to participate in a program of visitation to the office of the county coroner, the juvenile court may order the child, or the parent or guardian of the child, or both, to pay a fee of not more than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay for the costs associated with the participation of the child in the program of visitation. (NRS 62E.720) Section 17 of this bill provides that the court shall not order the child or the parent or guardian of the child to pay such costs.
Existing law: (1) requires a child or the parent or guardian of a child to pay an administrative assessment if the juvenile court imposes a fine against the child; and (2) authorizes the juvenile court to order a parent or guardian of a child to pay expenses of juvenile proceedings and costs of support of a child committed to the custody of the Division of Child and Family Services.
κ2019 Statutes of Nevada, Page 1956 (CHAPTER 322, AB 439)κ
custody of the Division of Child and Family Services. (NRS 62B.130, 62E.270, 62E.300, 62E.540) Existing law also authorizes a juvenile court who commits a child to a state facility for the detention of children to require the parents or guardian of the child to pay, in whole or in part, for the support of the child while the child is in the custody of the state facility. (NRS 63.430) Section 19 of this bill repeals those provisions of existing law.
Sections 6, 10, 16 and 18 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. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every local facility for the detention of children shall arrange for the administration of medical care required by any child who is in the custody of the facility.
2. The county shall pay for the costs of the medical care for the child if:
(a) The parent or legal guardian of the child does not have medical insurance for the child or the child is not otherwise eligible for medical assistance under Medicaid; and
(b) The medical care required is:
(1) Treatment for injuries incurred by the child while the child was in the custody of the facility;
(2) Treatment for any infectious, contagious or communicable disease the child contracted while in the custody of the facility; or
(3) A medical examination required by law or court order, unless the court order otherwise provides that the cost must be paid from a source other than the county.
3. If the parent or legal guardian of the child has medical insurance for the child or the child is otherwise eligible for medical assistance under Medicaid, the parent or legal guardian, as applicable, is responsible for the cost of the medical care described in subsection 2.
4. Regardless of whether the parent or legal guardian of the child has medical insurance for the child or whether the child is otherwise eligible for medical assistance under Medicaid, the parent or guardian, as applicable, shall pay for the costs of the medical care for the child if such care is required for:
(a) Injuries incurred by the child during the violation of any state or local law, ordinance, or rule or regulation having the force of law;
(b) Injuries incurred by the child during or pursuant to being taken into custody;
(c) Injuries or illnesses which existed before the child was taken into the custody of the facility;
(d) Injuries that were self-inflicted by the child while in the custody of the facility; and
(e) Except as otherwise provided in subsection 2, any other injury or illness incurred by the child while in the custody of the facility.
Sec. 1.5. NRS 62B.110 is hereby amended to read as follows:
62B.110 [1. If] Except as otherwise provided in section 1 of this act, if a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, including, but not limited to, transportation or psychiatric, psychological or medical services, the [county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.
κ2019 Statutes of Nevada, Page 1957 (CHAPTER 322, AB 439)κ
child receives ancillary services that are administered or financed by a county, including, but not limited to, transportation or psychiatric, psychological or medical services, the [county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.
2. To determine the amount that the parent or guardian of the child must reimburse the county for such services:
(a) The board of county commissioners may adopt a sliding scale based on the ability of the parent or guardian to pay; and
(b) The juvenile court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay.
3. If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum commencing 30 days after an itemized statement of all money due is submitted to the parent or guardian.] juvenile court shall:
1. To the extent possible, arrange for the child to receive such services from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such services.
2. Arrange for the billing of any available public or private medical insurance to pay for such services.
3. Not order the parent or guardian of the child to reimburse the county for the costs of such services unless the child receives such services from a provider that is not approved or the child seeks additional services beyond those recommended for the child, in which case the parent or guardian of the child shall pay the costs of such services.
Sec. 1.7. NRS 62B.120 is hereby amended to read as follows:
62B.120 [1. Except as otherwise provided in this chapter, if] If the juvenile court commits a child to the custody of a person who is not the parent or guardian of the child or to the custody of a public or private institution or agency, and no provision is otherwise made by law for the support of the child, the expenses incurred for the support of the child while in such custody, if approved by an order of the juvenile court, are a charge upon the county where the child has a legal residence.
[2. Notwithstanding any other statute providing for the support of such a child, after the parent or guardian of the child has been given notice and a reasonable opportunity to be heard, the juvenile court may order the parent or guardian to pay, in such a manner as the juvenile court may direct and within the ability of the parent or guardian to pay, money to cover in whole or in part the support of the child.
3. If the parent or guardian of the child willfully fails or refuses to pay the money due, the juvenile court may proceed against the parent or guardian for contempt.
4. If the juvenile court orders the parent or guardian of the child to pay for the support of the child pursuant to this section, the money must be paid to the superintendent of the county school district or fiscal officer of the institution to which the child is committed, or the chief administrative officer of the agency to whom the child is committed.]
κ2019 Statutes of Nevada, Page 1958 (CHAPTER 322, AB 439)κ
Sec. 2. NRS 62B.140 is hereby amended to read as follows:
62B.140 1. Except as otherwise provided in this [subsection,] chapter, if a child is committed to the custody of a regional facility for the treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services. Such an order may not be entered if the county maintains the facility to which the child is committed.
2. [The juvenile court may order the parent or guardian of the child to reimburse the county, in whole or in part, for any money expended by the county for the support of the child.
3.] This section does not prohibit the juvenile court from providing for the support of the child in any other manner authorized by law.
Sec. 3. NRS 62B.420 is hereby amended to read as follows:
62B.420 1. Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine [, administrative assessment, fee] or restitution or to make any other payment and the fine, [administrative assessment, fee,] restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment, the juvenile court may enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim, the state or local entity to whom the amount is owed or both. The juvenile court may not enter a civil judgment against a person who is a child unless the person has attained the age of 18 years, the person is a child who is determined to be outside the jurisdiction of the juvenile court pursuant to NRS 62B.330 or 62B.335 or the person is a child who is certified for proper criminal proceedings as an adult pursuant to NRS 62B.390.
2. Notwithstanding the termination of the jurisdiction of the juvenile court pursuant to NRS 62B.410 or the termination of any period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1. The juvenile court may supervise the civil judgment and take any of the actions authorized by the laws of this State.
3. A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. A judgment which requires a parent or guardian of a child to pay restitution does not expire until the judgment is satisfied. An independent action to enforce a judgment that requires a parent or guardian of a child to pay restitution may be commenced at any time.
4. [If the juvenile court enters a civil judgment pursuant to subsection 1, the person or persons against whom the judgment is issued is liable for a collection fee, to be imposed by the juvenile court at the time the civil judgment is issued, of:
(a) Not more than $100, if the amount of the judgment is less than $2,000.
(b) Not more than $500, if the amount of the judgment is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the judgment, if the amount of the judgment is $5,000 or greater.
κ2019 Statutes of Nevada, Page 1959 (CHAPTER 322, AB 439)κ
5.] In addition to attempting to collect the judgment through any other lawful means, a victim, a representative of the victim or a state or local entity that is responsible for collecting a civil judgment entered pursuant to subsection 1 may take any or all of the following actions:
(a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate information concerning credit. If the judgment was entered against a person who was less than 21 years of age at the time the judgment was entered, the judgment cannot be reported pursuant to this paragraph until the person reaches 21 years of age.
(b) Request that the juvenile court take appropriate action pursuant to subsection [6.] 5.
(c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the judgment . [and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 4, in accordance with the provisions of the contract.
6.] 5. If the juvenile court determines that a child or the parent or guardian of a child against whom a civil judgment has been entered pursuant to subsection 1 has failed to make reasonable efforts to satisfy the civil judgment, the juvenile court may take any of the following actions:
(a) Order the suspension of the drivers license of a child for a period not to exceed 1 year. If the child is already the subject of a court order suspending the drivers license of the child, the juvenile court may order the additional suspension to apply consecutively with the previous order. At the time the juvenile court issues an order suspending the drivers license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all drivers licenses then held by the child. The juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the driving record of a child, but such a suspension must not be considered for the purpose of rating or underwriting.
(b) If a child does not possess a drivers license, prohibit the child from applying for a drivers license for a period not to exceed 1 year. If the child is already the subject of a court order delaying the issuance of a license to drive, the juvenile court may order any additional delay in the ability of the child to apply for a drivers license to apply consecutively with the previous order. At the time the juvenile court issues an order pursuant to this paragraph delaying the ability of a child to apply for a drivers license, the juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.
(c) If the civil judgment was issued for a delinquent fine , [or administrative assessment,] order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
(d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for contempt in the manner provided in NRS 62E.040. A person who is indigent may not be punished for contempt pursuant to this [subsection.
κ2019 Statutes of Nevada, Page 1960 (CHAPTER 322, AB 439)κ
7. Money collected from a collection fee imposed pursuant to subsection 4 must be deposited and used in the manner set forth in subsection 4 of NRS 176.064.] paragraph.
Sec. 4. NRS 62C.210 is hereby amended to read as follows:
62C.210 1. An agreement for informal supervision may require the child to:
(a) Perform community service, provide restitution to any victim of the acts for which the child was referred to the probation officer or make a monetary contribution to a restitution contribution fund established pursuant to NRS 62E.175;
(b) Participate in a program of restitution through work that is established pursuant to NRS 62E.580 if the child:
(1) Is 14 years of age or older;
(2) Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction, unless the probation officer determines that the child would benefit from the program;
(3) Is required to provide restitution to a victim; and
(4) Voluntarily agrees to participate in the program of restitution through work;
(c) Complete a program of cognitive training and human development pursuant to NRS 62E.220 if:
(1) The child has never been found to be within the purview of this title; and
(2) The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim; or
(d) Engage in any combination of the activities set forth in this subsection.
2. If the agreement for informal supervision requires the child to participate in a program of restitution through work or complete a program of cognitive training and human development, the [agreement may also require any or all of the following, in the following order of priority if practicable:
(a) The] child or the parent or guardian of the child [, or both, to the extent of their financial ability,] must not be required to pay the costs associated with the participation of the child in the program . [, including, but not limited to:
(1) A reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program or performs work; and
(2) In the case of a program of restitution through work, for industrial insurance, unless the industrial insurance is provided by the employer for which the child performs the work; or
(b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.] Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
κ2019 Statutes of Nevada, Page 1961 (CHAPTER 322, AB 439)κ
personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
Sec. 5. NRS 62D.030 is hereby amended to read as follows:
62D.030 1. If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.
2. If a parent or guardian of a child is indigent, the parent or guardian may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188.
3. Except as otherwise provided in this section, the juvenile court shall appoint an attorney for a child if the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child.
4. A child may waive the right to be represented by an attorney if:
(a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62C.200; or
(b) A petition is filed and the record of the juvenile court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the juvenile court.
5. Except as otherwise provided in [subsection 6 and] NRS 424.085, if the juvenile court appoints an attorney to represent a child , [and:
(a) The parent or guardian of the child is not indigent,] the parent or guardian [shall] must not be required to pay the reasonable fees and expenses of the attorney.
[(b) The parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or State in accordance with the ability of the parent or guardian to pay.
6. For the purposes of paragraph (b) of subsection 5, the juvenile court shall find that the parent or guardian of the child is indigent if:
(a) The parent or guardian:
(1) Receives public assistance, as that term is defined in NRS 422A.065;
(2) Resides in public housing, as that term is defined in NRS 315.021;
(3) Has a household income that is less than 200 percent of the federally designated level signifying poverty;
(4) Is incarcerated pursuant to a sentence imposed upon conviction of a crime; or
(5) Is housed in a public or private mental health facility; or
(b) After considering the particular circumstances of the parent or guardian, including, without limitation, the seriousness of the charges against the child, the monthly expenses of the parent or guardian and the rates for attorneys in the area in which the juvenile court is located, the juvenile court determines that the parent or guardian is financially unable, without substantial hardship to the parent or guardian or his or her dependents, to obtain qualified and competent legal counsel.
7.] 6. Each attorney, other than a public defender, who is appointed under the provisions of this section is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.
κ2019 Statutes of Nevada, Page 1962 (CHAPTER 322, AB 439)κ
expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.
Sec. 6. NRS 62D.035 is hereby amended to read as follows:
62D.035 Subject to the provisions of subsection [7] 6 of NRS 62D.030 and chapter 260 of NRS, a public defender or any other attorney who represents a child in proceedings pursuant to the provisions of this title may consult with and seek appointment of:
1. Any social worker licensed pursuant to chapter 641B of NRS;
2. Any qualified mental health professional, as defined in NRS 458A.057;
3. Any educator; and
4. Any other expert the attorney deems appropriate.
Sec. 7. NRS 62E.180 is hereby amended to read as follows:
62E.180 1. The juvenile court may order a child or the parent or guardian of the child, or both, to perform community service.
2. If the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service pursuant to the provisions of this title, [the juvenile court may order the child or] unless the parent or guardian of the child [, or both, to deposit with the juvenile court a reasonable sum of money to pay for the cost of] signs a waiver of liability, the authority for which the work is performed shall provide a policy [for] of insurance against liability for personal injury and damage to property or [for] industrial insurance, or both, during those periods in which the work is performed . [, unless, in the case of industrial insurance, it is provided by the authority for which the work is performed.]
Sec. 8. NRS 62E.210 is hereby amended to read as follows:
62E.210 1. If a child has not previously been adjudicated delinquent or in need of supervision and the unlawful act committed by the delinquent child did not involve the use or threatened use of force or violence against a victim, the juvenile court may order a child to complete any or all of the following programs:
(a) A program of cognitive training and human development established pursuant to NRS 62E.220.
(b) A program for the arts as described in NRS 62E.240.
(c) A program of sports or physical fitness as described in NRS 62E.240.
2. If the juvenile court orders the child to participate in a program of cognitive training and human development, a program for the arts or a program of sports or physical fitness, the juvenile court may order [any or all of the following, in the following order of priority if practicable:
(a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program; or
(c) The] the county in which the petition alleging the child to be in need of supervision is filed to pay the costs associated with the participation of the child in the program.
κ2019 Statutes of Nevada, Page 1963 (CHAPTER 322, AB 439)κ
3. Unless the parent or guardian of the child signs a waiver of liability, the program in which the child participates shall provide policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program.
Sec. 9. NRS 62E.280 is hereby amended to read as follows:
62E.280 1. The juvenile court may:
(a) Order such medical, psychiatric, psychological or other care and treatment for a child as the juvenile court deems to be in the best interests of the child; and
(b) Cause the child to be examined by a physician, psychiatrist, psychologist or other qualified person.
2. If the child appears to be in need of medical, psychiatric, psychological or other care or treatment:
(a) The juvenile court may order the parent or guardian of the child to provide such care or treatment; and
(b) If, after due notice, the parent or guardian fails to provide such care or treatment, the juvenile court may order that the child be provided with the care or treatment. When approved by the juvenile court, the expense of such care or treatment is a charge upon the county . [, but the juvenile court may order the person having the duty under the law to support the child to pay part or all of the expenses of such care or treatment.]
3. The juvenile court shall:
(a) To the extent possible, arrange for the child to receive such care or treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such care or treatment.
(b) Arrange for the billing of any available public or private medical insurance to pay for such care or treatment.
(c) Not order the parent or guardian of the child to pay the costs of such care or treatment unless the child receives such care or treatment from a provider that is not approved or the child seeks additional care or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such care or treatment.
Sec. 10. NRS 62E.430 is hereby amended to read as follows:
62E.430 1. If a child is adjudicated to be in need of supervision because the child is a habitual truant, the juvenile court shall:
(a) The first time the child is adjudicated to be in need of supervision because the child is a habitual truant:
(1) Order:
(I) The child to pay a fine of not more than $100 [and the administrative assessment required by NRS 62E.270] or , if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine ; [and the administrative assessment;] or
(II) The child to perform not less than 8 hours but not more than 16 hours of community service; and
(2) If the child is 14 years of age or older, order the suspension of the drivers license of the child for at least 30 days but not more than 6 months. If the child does not possess a drivers license, the juvenile court shall prohibit the child from applying for a drivers license for 30 days:
(I) Immediately following the date of the order if the child is eligible to apply for a drivers license; or
κ2019 Statutes of Nevada, Page 1964 (CHAPTER 322, AB 439)κ
(II) After the date the child becomes eligible to apply for a drivers license if the child is not eligible to apply for a drivers license.
(b) The second or any subsequent time the child is adjudicated to be in need of supervision because the child is a habitual truant:
(1) Order:
(I) The child to pay a fine of not more than $200 [and the administrative assessment required by NRS 62E.270] or , if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine ; [and the administrative assessment;]
(II) The child to perform not more than 10 hours of community service; or
(III) Compliance with the requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the drivers license of the child for at least 60 days but not more than 1 year. If the child does not possess a drivers license, the juvenile court shall prohibit the child from applying for a drivers license for 60 days:
(I) Immediately following the date of the order if the child is eligible to apply for a drivers license; or
(II) After the date the child becomes eligible to apply for a drivers license if the child is not eligible to apply for a drivers license.
2. The juvenile court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the fine, or has a valid excuse acceptable to the childs teacher or the principal for any absence from school within that period.
3. The juvenile court may suspend the payment of a fine ordered pursuant to this section if the parent or guardian of a child is ordered to pay a fine by another court of competent jurisdiction in a case relating to or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.
4. The community service ordered pursuant to this section must be performed at the childs school of attendance, if practicable.
Sec. 11. NRS 62E.440 is hereby amended to read as follows:
62E.440 1. If a child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, the juvenile court may:
(a) The first time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order the child to:
(1) Pay a fine of $25; and
(2) Attend and complete a tobacco awareness and cessation program.
(b) The second time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order the child to:
(1) Pay a fine of $50; and
(2) Attend and complete a tobacco awareness and cessation program.
κ2019 Statutes of Nevada, Page 1965 (CHAPTER 322, AB 439)κ
(c) The third or any subsequent time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order:
(1) The child to pay a fine of $75;
(2) The child to attend and complete a tobacco awareness and cessation program; and
(3) That the drivers license of the child be suspended for at least 30 days but not more than 90 days or, if the child does not possess a drivers license, prohibit the child from receiving a drivers license for at least 30 days but not more than 90 days:
(I) Immediately following the date of the order, if the child is eligible to receive a drivers license.
(II) After the date the child becomes eligible to apply for a drivers license, if the child is not eligible to receive a license on the date of the order.
2. [If the juvenile court orders a child to attend and complete a tobacco awareness and cessation program, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to attend the program.
3. If the juvenile court orders a child to pay a fine pursuant to this section, the juvenile court shall order the child to pay an administrative assessment pursuant to NRS 62E.270.
4.] If the juvenile court orders a child to pay a fine [and administrative assessment] pursuant to this section and the child willfully fails to pay the fine , [or administrative assessment,] the juvenile court may order that the drivers license of the child be suspended for at least 30 days but not more than 90 days or, if the child does not possess a drivers license, prohibit the child from receiving a drivers license for at least 30 days but not more than 90 days:
(a) Immediately following the date of the order, if the child is eligible to receive a drivers license.
(b) After the date the child becomes eligible to apply for a drivers license, if the child is not eligible to receive a license on the date of the order.
Κ If the child is already the subject of a court order suspending or delaying the issuance of the drivers license of the child, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
[5.] 3. If the juvenile court suspends the drivers license of a child pursuant to this section, the juvenile court may order the Department of Motor Vehicles to issue a restricted drivers license pursuant to NRS 483.490 permitting the child to drive a motor vehicle:
(a) To and from work or in the course of his or her work, or both;
(b) To and from school; or
(c) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.
Sec. 12. NRS 62E.600 is hereby amended to read as follows:
62E.600 1. The juvenile court may order a delinquent child to participate in a program of restitution through work that is established pursuant to NRS 62E.580 if the child:
κ2019 Statutes of Nevada, Page 1966 (CHAPTER 322, AB 439)κ
(a) Is 14 years of age or older;
(b) Has never been adjudicated delinquent for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction, unless the juvenile court determines that the child would benefit from the program;
(c) Is ordered to provide restitution to a victim; and
(d) Voluntarily agrees to participate in the program of restitution through work.
2. If the juvenile court orders a child to participate in a program of restitution through work, the juvenile court [may order any or all of the following, in the following order of priority if practicable:
(a) The] must not order the child or the parent or guardian of the child [, or both, to the extent of their financial ability,] to pay the costs associated with the participation of the child in the program . [, including, but not limited to, a reasonable sum of money to pay for the cost of] Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or [for] industrial insurance, or both, during those periods in which the child participates in the program or performs work . [, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or
(b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.]
Sec. 13. NRS 62E.620 is hereby amended to read as follows:
62E.620 1. The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:
(a) An unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;
(b) The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.
2. Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:
(a) A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified, or an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification; or
(b) A physician who is certified to make that classification by the Board of Medical Examiners.
3. If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:
(a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;
κ2019 Statutes of Nevada, Page 1967 (CHAPTER 322, AB 439)κ
(b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and
(c) Is in good standing with the regulatory agency in the other state.
4. The evaluation of the child may be conducted at an evaluation center.
5. The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.
6. The juvenile court shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.
(b) Require the treatment provider to submit monthly reports on the treatment of the child pursuant to this section.
[(c) Order]
7. Except as otherwise provided in this subsection, the juvenile court shall not order the child or the parent or guardian of the child [, or both, to the extent of their financial ability,] to pay any charges relating to the evaluation and treatment of the child pursuant to this section. [If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:
(1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment provider which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The juvenile court may order the child, in lieu of paying the charges relating to the childs evaluation and treatment, to perform community service.
7.] The juvenile court shall:
(a) To the extent possible, arrange for the child to receive such evaluation and treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such evaluation and treatment.
(b) Arrange for the billing of any available public or private medical insurance to pay for such evaluation and treatment.
(c) Not order the parent or guardian of the child to pay the costs for such evaluation and treatment unless the child receives such evaluation and treatment from a provider that is not approved or the child seeks additional evaluation or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such evaluation and treatment.
8. After a treatment provider has certified a childs successful completion of a program of treatment ordered pursuant to this section, the treatment provider is not liable for any damages to person or property caused by a child who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.
κ2019 Statutes of Nevada, Page 1968 (CHAPTER 322, AB 439)κ
[8.] 9. The provisions of this section do not prohibit the juvenile court from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Division of Public and Behavioral Health of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
[9.] 10. Except as otherwise provided in NRS 239.0115, all information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:
(a) The juvenile court;
(b) The child;
(c) The attorney for the child, if any;
(d) The parents or guardian of the child;
(e) The district attorney; and
(f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.
[10.] 11. A record of any finding that a child has violated the provisions of NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be included in the drivers record of that child for 7 years after the date of the offense.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 62E.680 is hereby amended to read as follows:
62E.680 1. If a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court shall order the child to participate in counseling or other psychological treatment.
2. [The] Except as otherwise provided in this subsection, the juvenile court shall not order the child or the parent or guardian of the child [, or both, to the extent of their financial ability,] to pay the cost of the child to participate in the counseling or other psychological treatment. The juvenile court shall:
(a) To the extent possible, arrange for the child to receive such counseling or treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such counseling or treatment.
(b) Arrange for the billing of any available public or private medical insurance to pay for such counseling or treatment.
(c) Not order the parent or guardian of the child to pay the costs of such counseling or treatment unless the child receives such counseling or treatment from a provider that is not approved or the child seeks additional counseling or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such counseling or treatment.
3. As used in this section:
(a) Animal does not include the human race, but includes every other living creature.
(b) Torture or cruelty includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.
κ2019 Statutes of Nevada, Page 1969 (CHAPTER 322, AB 439)κ
Sec. 16. NRS 62E.685 is hereby amended to read as follows:
62E.685 If a child is adjudicated delinquent for an unlawful act involving the killing or possession of certain animals in violation of NRS 501.376, the juvenile court may do any or all of the following:
1. Order the child to pay a fine. [If the juvenile court orders the child to pay a fine, the juvenile court shall order the child to pay an administrative assessment pursuant to NRS 62E.270.] If, because of financial hardship, the child is unable to pay the fine, the juvenile court may order the child to perform community service.
2. Order the child or the parent or guardian of the child, or both, to pay a civil penalty pursuant to NRS 501.3855.
3. Order that any license issued to the child pursuant to chapter 502 of NRS be revoked by the Department of Wildlife. The juvenile court shall order the child to surrender to the court any license issued to the child pursuant to chapter 502 of NRS then held by the child and, not later than 5 days after issuing the order, forward to the Department of Wildlife any license surrendered by the child and a copy of the order.
4. Order that the child must not receive a license to hunt, fish or trap within the 2 years immediately following the date of the order or until the child is 18 years of age, whichever is later.
5. Order the child placed on probation and impose such conditions as the juvenile court deems proper.
Sec. 17. NRS 62E.720 is hereby amended to read as follows:
62E.720 1. The juvenile court may order a delinquent child to participate in a program of visitation to the office of the county coroner that is established pursuant to this section.
2. In determining whether to order the child to participate in such a program, the juvenile court shall consider whether the unlawful act committed by the child involved the use or threatened use of force or violence against the child or others or demonstrated a disregard for the safety or well-being of the child or others.
3. The juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.
4. Before a delinquent child may participate in a program of visitation, the parent or guardian of the child must provide to the juvenile court on a form provided by the juvenile court:
(a) Written consent for the child to participate in the program of visitation; and
(b) An executed release of liability for any act or omission, not amounting to gross negligence or willful misconduct of the juvenile court, the county coroner, or any other person administering or conducting a program of visitation, that causes personal injury or illness of the child during the period in which the child participates in the program of visitation.
5. A program of visitation must include, but is not limited to:
(a) A visit to the office of the county coroner at times and under circumstances determined by the county coroner.
(b) A course to instruct the child concerning:
(1) The consequences of the childs actions; and
(2) An awareness of the childs own mortality.
(c) An opportunity for each participant in a program of visitation to evaluate each component of the program.
κ2019 Statutes of Nevada, Page 1970 (CHAPTER 322, AB 439)κ
6. The juvenile court [may] shall not order the child [,] or the parent or guardian of the child [, or both,] to pay [a fee of not more than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay] for the costs associated with the participation of the child in the program of visitation.
Sec. 18. NRS 62E.730 is hereby amended to read as follows:
62E.730 1. The juvenile court may order a delinquent child to pay a fine.
2. [If the juvenile court orders a delinquent child to pay a fine, the juvenile court shall order the child to pay an administrative assessment pursuant to NRS 62E.270.
3.] If a delinquent child is less than 17 years of age, the juvenile court may order the parent or guardian of the child to pay any fines and penalties that the juvenile court imposes for the unlawful act committed by the child.
[4.] 3. If, because of financial hardship, the parent or guardian is unable to pay any fines and penalties that the juvenile court imposes for the unlawful act committed by the child, the juvenile court may order the parent or guardian to perform community service.
Sec. 19. NRS 62B.130, 62E.270, 62E.300, 62E.540 and 63.430 are hereby repealed.
Sec. 20. This act becomes effective on July 1, 2019.
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Senate Bill No. 254Senators Brooks, Cancela, Cannizzaro, Spearman, Parks; Denis, Dondero Loop, D. Harris, Ohrenschall, Ratti, Scheible and Woodhouse
Joint Sponsors: Assemblymen Peters, McCurdy, Assefa, Nguyen, Torres; Bilbray-Axelrod, Fumo, Watts and Yeager
CHAPTER 323
[Approved: June 3, 2019]
AN ACT relating to greenhouse gas emissions; requiring the State Department of Conservation and Natural Resources to issue an annual report concerning greenhouse gas emissions in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Department of Conservation and Natural Resources to issue, at least every 4 years, a statewide inventory of greenhouse gases released in this State, including the origins, types and amounts of the greenhouse gases, together with the Departments analysis of that information. The Departments inventory is required to be supported with documentation. (NRS 445B.380)
This bill requires the Department to submit an annual report that includes a statewide inventory of greenhouse gas emissions and a projection of annual greenhouse gas emissions in this State for the 20 years immediately following the date of the report. For each year of the inventory and projection, this bill requires a statement of the sources and amounts of greenhouse gas emissions in this State and the sources and amounts of reductions of greenhouse gas emissions in this State from the following sectors: (1) electricity production; and (2) transportation. For the first year and every fourth year thereafter, the statement must also include the same information relating to the following sectors: (1) industry; (2) commercial and residential; (3) agriculture; and (4) land use and forestry.
κ2019 Statutes of Nevada, Page 1971 (CHAPTER 323, SB 254)κ
fourth year thereafter, the statement must also include the same information relating to the following sectors: (1) industry; (2) commercial and residential; (3) agriculture; and (4) land use and forestry. This bill also requires the report to provide policies, identified by an entity or entities designated by the Governor, that could achieve reductions in greenhouse gas emissions and a qualitative assessment of whether such policies support long-term reductions of greenhouse gas emissions in this State to zero or near-zero by the year 2050. In preparing the report, this bill requires the Department to consult with certain state agencies and entities.
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. The Legislature hereby finds and declares that:
1. Human activities, including the burning of fossil fuels for electricity, transportation and heat in buildings, cause the release of greenhouse gases that trap heat in the Earths atmosphere, and these human activities have been and continue to be the primary driver of global climate change.
2. Climate change is already affecting Nevada and it threatens the health, lives and safety of Nevadas residents, as well as Nevadas diverse ecosystems, wildlands and wildlife. Rising temperatures have increased the severity and length of droughts and the frequency and intensity of wildfires.
3. Climate change threatens Nevadas economy. Rising temperatures, compounded by the urban heat island effect, will likely make summers in southern Nevada dangerously hot, potentially deterring visitors and reducing the hours where it is safe to engage in outdoor activities, like construction. In northern Nevada, rising temperatures have been shrinking the snowpack since the 1950s, which shortens the season for skiing and other winter sports and recreation.
4. Throughout the State, rising temperatures will impact public health by increasing heat stress on vulnerable populations and increasing air pollution from more frequent wildfires.
5. The State of Nevada would benefit from the diversification and economic growth driven by a transition to a low-carbon emission and clean-energy economy.
6. Greenhouse gas emissions need to be decreased globally to reduce the harm caused by global warming to Nevadans, and to keep the average increase of near-surface air temperatures to well below 3.6 degrees Fahrenheit, or 2 degrees Celsius.
7. The State of Nevada must act now to ensure that Nevadas greenhouse gas emissions decrease on a trajectory consistent with emissions reduction commitments made by the United States to implement the Paris Agreement adopted in 2015 at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change.
Sec. 2. NRS 445B.380 is hereby amended to read as follows:
445B.380 1. The Department shall, not later than December 31, [2008,] 2019, and [at least every 4 years] each year thereafter, issue a report that includes a statewide inventory of greenhouse [gases released] gas emissions in this State [.] and a projection of annual greenhouse gas emissions in this State for the 20 years immediately following the date of the report.
2. The [inventory] report must include, without limitation:
(a) For each year of the inventory and projection required by subsection 1:
κ2019 Statutes of Nevada, Page 1972 (CHAPTER 323, SB 254)κ
(1) The [origins, types] sources and amounts of [those] greenhouse [gases;] gas emissions in this State from each of the following sectors:
(I) Electricity production; and
(II) Transportation.
(2) The sources and amounts of reductions in greenhouse gas emissions in this State from each of the sectors set forth in subparagraph (1).
(b) For the first and every fourth year thereafter of the inventory and projection required by subsection 1:
(1) The sources and amounts of greenhouse gas emissions in this State from each of the following sectors:
(I) Industry;
(II) Commercial and residential;
(III) Agriculture; and
(IV) Land use and forestry.
(2) The sources and amounts of reductions in greenhouse gas emissions in this State from each of the sectors set forth in subparagraph (1).
(c) A statement of policies, including, without limitation, regulations, identified by the entity or entities designated by the Governor pursuant to subsection 4 that could achieve reductions in projected greenhouse gas emissions by the sectors set forth in subparagraph (1) of paragraph (a) and subparagraph (1) of paragraph (b), if applicable, and:
(1) For each report due on or before December 31, 2024, a quantification of the reductions in greenhouse gas emissions in this State that would be required to achieve a statewide reduction of net greenhouse gas emissions of 28 percent by the year 2025, as compared to the level of greenhouse gas emissions in this State in 2005.
(2) For each report due on or before December 31, 2029, a quantification of the reductions in greenhouse gas emissions in this State that would be required to achieve a statewide reduction in net greenhouse gas emissions of 45 percent by the year 2030, as compared to the level of greenhouse gas emissions in this State in 2005.
(d) A qualitative assessment of whether the policies identified in the statement of policies required by paragraph (c) support long-term reductions of greenhouse gas emissions to zero or near-zero by the year 2050.
(e) The Departments analysis of the information set forth in [paragraph (a); and
(c)] paragraphs (a) to (d), inclusive.
(f) Documentation for the information set forth in paragraphs (a) [and (b).] to (e), inclusive.
3. In preparing the report required by this section, the Department shall consult with the Public Utilities Commission of Nevada, the Office of Energy, the Department of Transportation, the Department of Motor Vehicles and the entity or entities designated by the Governor pursuant to subsection 4.
4. The Governor shall designate an entity or entities to consult with the Department and identify for the Department the policies required pursuant to paragraph (c) of subsection 2.
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