requires two-thirds majority vote (§ 22)
A.B. 272
Assembly
Bill No. 272–Assemblymen Carpenter
and Goicoechea (by request)
March 11, 2003
____________
Referred to Concurrent Committees on Natural Resources, Agriculture, and Mining and Ways and Means
SUMMARY—Provides for regulation of outfitters and guides. (BDR 54‑142)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to professions; creating the Board of Outfitters and Guides; prescribing the powers and duties of the Board; requiring the licensing of outfitters and guides; establishing fees for licenses issued by the Board; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 54 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 35, inclusive, of this act.
1-4 Sec. 2. 1. It is the policy of this state and the purpose of this
1-5 chapter to:
1-6 (a) Promote and encourage residents and nonresidents to
1-7 participate in the enjoyment and use of the deserts, mountains,
1-8 rivers, streams, lakes, reservoirs and other natural resources of
1-9 this state, and the fish and game therein, and to that end to
1-10 regulate and license those persons who for compensation provide
1-11 equipment and personal services to persons who participate in
1-12 outdoor recreational activities; and
1-13 (b) Safeguard the health, safety, welfare, and freedom from
1-14 injury or danger of persons who engage in outdoor recreational
2-1 activities by using the services of commercial outfitters and guides
2-2 in this state.
2-3 2. It is not the purpose of this chapter to:
2-4 (a) Interfere with the business of livestock operations;
2-5 (b) Prevent the owner of pack animals from allowing other
2-6 persons to use those animals if no consideration is exchanged for
2-7 that use;
2-8 (c) Interfere with the right of the general public to enjoy the
2-9 recreational value of the deserts, mountains, rivers, streams, lakes,
2-10 reservoirs and other natural resources of this state if the services
2-11 of commercial outfitters and guides are not used; or
2-12 (d) Interfere with the right of the United States to manage the
2-13 public lands under its control.
2-14 Sec. 3. As used in this chapter, unless the context otherwise
2-15 requires, the words and terms defined in sections 4 to 9, inclusive,
2-16 of this act have the meanings ascribed to them in those sections.
2-17 Sec. 4. “Board” means the Board of Outfitters and Guides.
2-18 Sec. 5. “Guide” means any natural person who is employed
2-19 by an outfitter to provide personal services directly related to the
2-20 conduct of outdoor recreational activities for which the outfitter is
2-21 licensed.
2-22 Sec. 6. “License year” means the period beginning on
2-23 June 1 and ending on May 31 of the following year.
2-24 Sec. 7. “Licensee” means a person who is issued a license
2-25 pursuant to this chapter.
2-26 Sec. 8. “Outdoor recreational activities” include, without
2-27 limitation:
2-28 1. Hunting animals, including, without limitation, birds;
2-29 2. Float or power boating on rivers and streams of this state;
2-30 3. Fishing on the lakes, reservoirs, rivers and streams of this
2-31 state; and
2-32 4. Desert or mountain excursions, including, without
2-33 limitation, excursions on horseback, rappelling and rafting.
2-34 Sec. 9. “Outfitter” means any person who:
2-35 1. Advertises or otherwise holds himself out to the general
2-36 public for hire for engaging clients in outdoor recreational
2-37 activities;
2-38 2. Provides, for compensation, facilities and services to
2-39 clients engaged in outdoor recreational activities; and
2-40 3. Maintains, leases, or otherwise uses equipment or
2-41 accommodations for engaging clients in outdoor recreational
2-42 activities.
2-43 Sec. 10. The provisions of this chapter do not apply to:
2-44 1. A person who, without charge, provides a pack or saddle
2-45 horse or other equipment, to a hunter or a fisherman.
3-1 2. A person who provides only equipment to a person who
3-2 engages in an outdoor recreational activity without a guide.
3-3 3. A member of a nonprofit organization if:
3-4 (a) The organization is exempt from the payment of federal
3-5 income taxes under section 501(c)(3) of the Internal Revenue
3-6 Code;
3-7 (b) The purpose of the organization is to provide outdoor
3-8 experiences to persons under the age of 21 years and to the leaders
3-9 of the organization; and
3-10 (c) The organization provides outfitting and guiding services
3-11 only to its members without profit.
3-12 4. A member of an organization if the primary purpose of the
3-13 organization is the rehabilitation and treatment of culturally
3-14 disadvantaged and at-risk youths, which may include the
3-15 participation of those youths in outdoor recreational activities as
3-16 part of the organization’s program of rehabilitation and treatment.
3-17 5. An employee of the State of Nevada or the Federal
3-18 Government when performing the duties of his employment.
3-19 Sec. 11. 1. The Board of Outfitters and Guides, consisting
3-20 of five members, is hereby created.
3-21 2. The members of the Board must be appointed as follows:
3-22 (a) One member appointed by the Board of Wildlife
3-23 Commissioners from among its members;
3-24 (b) Three members appointed by the Governor who:
3-25 (1) Are licensed as outfitters or guides pursuant to this
3-26 chapter; and
3-27 (2) Have at least 5 years of experience as an outfitter or
3-28 guide in this state; and
3-29 (c) One member appointed by the Governor who is a
3-30 representative of the general public.
3-31 3. After the initial terms, the term of office of each member of
3-32 the board is 3 years.
3-33 4. To the extent of money available for this purpose, each
3-34 member of the Board is entitled to receive a salary of not more
3-35 than $80 per day, as fixed by the Board, while engaged in the
3-36 business of the Board.
3-37 5. To the extent of money available for this purpose, while
3-38 engaged in the business of the Board, each member and employee
3-39 of the Board is entitled to receive the per diem allowance and
3-40 travel expenses provided for state officers and employees
3-41 generally.
3-42 6. The salary, per diem allowance and travel expenses of the
3-43 member of the Board who is appointed by the Board of Wildlife
3-44 Commissioners must be paid from the Wildlife Account in the
3-45 State General Fund.
4-1 7. As used in this section, “game warden” means a person
4-2 designated as a game warden pursuant to NRS 501.349.
4-3 Sec. 12. 1. A member may be removed from the Board by
4-4 the appointing authority for good cause.
4-5 2. If a vacancy occurs during a member’s term, the
4-6 appointing authority shall fill the vacancy in the same manner as
4-7 the original appointment.
4-8 Sec. 13. 1. A majority of the members of the Board
4-9 constitutes a quorum.
4-10 2. The Board shall meet at least four times a year, and at
4-11 least two meetings must be held in Reno, Nevada.
4-12 Sec. 14. 1. The Board shall appoint an Executive Director
4-13 who serves at the pleasure of the Board.
4-14 2. The Executive Director shall perform duties prescribed by
4-15 the Board.
4-16 3. The Board may, by a majority vote of the members of the
4-17 Board, refuse, ratify or reverse any action or decision of the
4-18 Executive Director.
4-19 Sec. 15. The Board shall:
4-20 1. Conduct examinations to determine the qualifications of
4-21 applicants for licenses issued pursuant to this chapter.
4-22 2. Issue licenses to qualified applicants, with such restrictions
4-23 and limitations thereon as the Board may find reasonable.
4-24 3. Conduct hearings and proceedings to suspend, revoke or
4-25 restrict licenses issued pursuant to this chapter for cause in the
4-26 manner provided in this chapter.
4-27 4. Enforce the provisions of this chapter.
4-28 5. Adopt regulations to carry out the provisions of this
4-29 chapter, including, without limitation, regulations which
4-30 prescribe:
4-31 (a) The requirements for training, experience and knowledge
4-32 of the laws and regulations relating to licensure pursuant to this
4-33 chapter;
4-34 (b) The form and content of examinations for licenses issued
4-35 pursuant to this chapter, whether oral, written or demonstrative,
4-36 or a combination thereof;
4-37 (c) The type and condition of equipment which must be used
4-38 by a licensee; and
4-39 (d) The standards and requirements for the operation of an
4-40 outfitter and conduct of a guide which are appropriate for:
4-41 (1) Protecting clients of an outfitter from injury or danger;
4-42 and
4-43 (2) The conservation of wildlife and range resources.
5-1 6. Cooperate with the Federal Government and other states in
5-2 matters of mutual concern relating to outfitters and guides in this
5-3 state.
5-4 Sec. 16. 1. The Board may issue subpoenas to compel the
5-5 attendance of witnesses and the production of books, papers,
5-6 documents, records of licensees, and any other articles related to
5-7 this chapter.
5-8 2. If any witness refuses to attend or testify or produce any
5-9 article as required by a subpoena, the Board may file a petition
5-10 with the district court stating that:
5-11 (a) Notice has been given for the time and place of attendance
5-12 of the witness or the production of the required articles;
5-13 (b) The witness has been subpoenaed pursuant to this section;
5-14 and
5-15 (c) The witness has failed or refused to attend or produce the
5-16 articles required by the subpoena or has refused to answer
5-17 questions propounded to him,
5-18 and requesting an order of the court compelling the witness to
5-19 attend and testify before the Board or produce the articles as
5-20 required by the subpoena.
5-21 3. Upon receipt of the petition, the court shall enter an order
5-22 directing the witness to appear before the court at a time and place
5-23 to be fixed by the court in its order, the time to be not more than
5-24 10 days after the date of the order, and show cause why he has not
5-25 attended or testified or produced the articles. A certified copy of
5-26 the order must be served upon the witness.
5-27 4. If it appears to the court that the subpoena was regularly
5-28 issued, the court shall enter an order that the witness appear
5-29 before the Board, at the time and place fixed in the order, and
5-30 testify or produce the required articles, and upon failure to obey
5-31 the order, the witness must be dealt with as for contempt of court.
5-32 Sec. 17. The Board may employ enforcement agents to
5-33 conduct investigations and enforce the provisions of this chapter.
5-34 Sec. 18. 1. Each outfitter shall, not later than June 1 of
5-35 each year, provide to the Board in the manner prescribed by the
5-36 Board, the number of each species of big game mammal taken by
5-37 its clients during the immediately preceding license year and the
5-38 area in which each big game mammal was taken.
5-39 2. The Board shall compile the information it receives
5-40 pursuant to subsection 1 and, not later than July 1 of each year,
5-41 provide to the Administrator of the Division of Wildlife of the State
5-42 Department of Conservation and Natural Resources in the
5-43 manner prescribed by the Administrator, the total number of each
5-44 species of big game mammal taken by clients of all outfitters
6-1 during the immediately preceding license year and the area in
6-2 which each big game mammal was taken.
6-3 3. As used in this section, “big game mammal” has the
6-4 meaning ascribed to it in NRS 501.005.
6-5 Sec. 19. 1. Each applicant for a license issued pursuant to
6-6 this chapter must submit to the Board an application on a form
6-7 prescribed by the Board.
6-8 2. An application for a license as an outfitter must:
6-9 (a) Include, without limitation:
6-10 (1) A list of the outdoor recreational activities for which the
6-11 outfitter wishes to be licensed; and
6-12 (2) A description of the boundaries of the geographical
6-13 area in which the outfitter wishes to engage clients in the outdoor
6-14 recreational activities;
6-15 (b) Be signed by the applicant, under oath or affirmation, that
6-16 the information provided by him is true and correct; and
6-17 (c) Be notarized.
6-18 3. An application for a license as an outfitter submitted by a
6-19 firm, partnership, corporation or other organization must
6-20 designate at least one natural person conducting its business who
6-21 meets the requirements for a license as an outfitter.
6-22 4. An application for a license as a guide must:
6-23 (a) Include, without limitation, a statement signed by the
6-24 outfitter for whom the applicant will be employed stating that the
6-25 outfitter will employ the applicant as a guide; and
6-26 (b) Be signed by the applicant.
6-27 5. The Board may investigate the background and
6-28 qualifications of an applicant as it deems appropriate.
6-29 Sec. 20. 1. In addition to any other requirements for the
6-30 issuance or renewal of a license set forth in this chapter, an
6-31 applicant for the issuance or renewal of a license must submit to
6-32 the Board:
6-33 (a) The social security number of the applicant; and
6-34 (b) The statement prescribed by the Welfare Division of the
6-35 Department of Human Resources pursuant to NRS 425.520. The
6-36 statement must be completed and signed by the applicant.
6-37 2. The Board shall include the person’s social security
6-38 number and the statement required pursuant to subsection 1 in:
6-39 (a) The application or any other forms that must be submitted
6-40 for the issuance or renewal of the license; or
6-41 (b) A separate form prescribed by the Board.
6-42 3. A license may not be issued or renewed by the Board if the
6-43 applicant:
6-44 (a) Fails to submit his social security number required
6-45 pursuant to subsection 1;
7-1 (b) Fails to submit the statement required pursuant to
7-2 subsection 1; or
7-3 (c) Indicates on the statement submitted pursuant to
7-4 subsection 1 that he is subject to a court order for the support of a
7-5 child and is not in compliance with the order or a plan approved
7-6 by the district attorney or other public agency enforcing the order
7-7 for the repayment of the amount owed pursuant to the order.
7-8 4. If an applicant indicates on the statement submitted
7-9 pursuant to subsection 1 that he is subject to a court order for the
7-10 support of a child and is not in compliance with the order or a
7-11 plan approved by the district attorney or other public agency
7-12 enforcing the order for the repayment of the amount owed
7-13 pursuant to the order, the Board shall advise the applicant to
7-14 contact the district attorney or other public agency enforcing the
7-15 order to determine the actions that the applicant may take to
7-16 satisfy the arrearage.
7-17 Sec. 21. The Board shall make a final decision concerning
7-18 an application for:
7-19 1. The issuance of a license not later than 60 days after the
7-20 Board receives the completed application.
7-21 2. The renewal of a license not later than 30 days after the
7-22 Board receives the completed application.
7-23 Sec. 22. 1. If an applicant has not been previously licensed
7-24 by the Board, the applicant must submit with his application an
7-25 application fee in an amount determined by the Board pursuant to
7-26 subsection 6.
7-27 2. The fee for the issuance of:
7-28 (a) A license as an outfitter is $500.
7-29 (b) A license as a guide is $100.
7-30 3. The fee for the renewal of:
7-31 (a) A license as an outfitter, $150.
7-32 (b) A license as a guide, $50.
7-33 4. The Board shall adopt regulations providing for the
7-34 issuance of a duplicate license to replace an unexpired license that
7-35 has been lost, stolen or destroyed or requires a change of the name
7-36 of a licensee. The regulations must establish a fee, which must not
7-37 exceed $25, for the issuance of a duplicate license.
7-38 5. The Board may, by regulation, provide for the issuance of
7-39 an amended license to replace an unexpired license if the Board
7-40 revises the geographical area of operation of the outfitter pursuant
7-41 to subsection 6 of section 26 of this act. The regulation may
7-42 establish a fee, which must not exceed $100, for the issuance of an
7-43 amended license.
7-44 6. The Board shall annually establish a one-time application
7-45 fee of not more than $800 for an application for a license as an
8-1 outfitter, or $100 for an application for a license as a guide, for
8-2 each applicant who has not been issued such a license by the
8-3 Board. The fees collected by the Board pursuant to this subsection
8-4 must be used only to pay the costs of investigating applicants.
8-5 Sec. 23. 1. Before the Board issues a license, an applicant
8-6 must:
8-7 (a) File with the Board a surety bond in a form acceptable to
8-8 the Board executed by the applicant as principal with a
8-9 corporation authorized to transact surety business in this state as
8-10 surety; or
8-11 (b) Establish a cash deposit with the Board as provided in this
8-12 section.
8-13 2. Before issuing a license to an applicant, the Board shall
8-14 require the applicant to file with the Board satisfactory evidence
8-15 that the surety bond or cash deposit is in full force, unless the
8-16 applicant has been relieved of the requirement as provided in this
8-17 section.
8-18 3. The failure of an applicant or licensee to file or maintain
8-19 in full force the required bond or to establish the required cash
8-20 deposit constitutes cause for the Board to deny, revoke, suspend or
8-21 refuse to renew a license.
8-22 4. The amount of each bond or cash deposit required by this
8-23 section must be fixed by the Board with reference to the financial
8-24 and professional responsibility of the licensee or applicant and the
8-25 magnitude of operations of the licensee or applicant, but must be
8-26 not less than $1,000 or more than $10,000. The bond must be
8-27 continuous in form and be conditioned that the total aggregate
8-28 liability of the surety for all claims is limited to the face amount of
8-29 the bond irrespective of the number of years the bond is in force.
8-30 The Board may increase or reduce the amount of any bond or
8-31 cash deposit if evidence supporting a change in the amount is
8-32 provided when the applicant applies for a license pursuant to this
8-33 chapter or at a hearing conducted pursuant to this chapter. Unless
8-34 released earlier pursuant to subsection 5, a cash deposit may be
8-35 withdrawn 2 years after termination of the license in connection
8-36 with which it was established, or 2 years after completion of all
8-37 work authorized by the Board after termination of the license,
8-38 whichever occurs later, if there is no outstanding claim against the
8-39 cash deposit.
8-40 5. After a licensee has been licensed as an outfitter or guide
8-41 in this state for not less than 5 consecutive years, the Board may
8-42 relieve the licensee of the requirement for filing a bond or
8-43 establishing a cash deposit if evidence supporting the relief is
8-44 provided to the Board. The Board may, at any time thereafter,
8-45 require the licensee to file a new bond or establish a new cash
9-1 deposit as provided in subsection 4. If a licensee is relieved of the
9-2 requirement of establishing a cash deposit, the cash deposit may
9-3 be withdrawn 2 years after the relief is granted, if there are no
9-4 outstanding claims against the cash deposit.
9-5 Sec. 24. 1. Each bond or cash deposit required by section
9-6 23 of this act must be in favor of the State of Nevada for the
9-7 benefit of any person who is injured by any unlawful act or
9-8 omission of an outfitter or guide.
9-9 2. Any person who claims against the bond or cash deposit
9-10 may bring an action in a court of competent jurisdiction on the
9-11 bond or against the Board on the cash deposit for the amount of
9-12 damage he has suffered to the extent covered by the bond or cash
9-13 deposit. No action may be commenced on the bond or cash deposit
9-14 for 2 years after the commission of the act on which the action is
9-15 based. If an action is commenced on the bond, the surety that
9-16 executed the bond shall notify the Board of the action within 30
9-17 days after the date:
9-18 (a) The surety is served with a complaint and summons; or
9-19 (b) The action is commenced,
9-20 whichever occurs first.
9-21 3. Upon receiving a request from a person for whose benefit a
9-22 bond or cash deposit is required, the Board shall notify the person
9-23 that:
9-24 (a) A bond is in effect or that a cash deposit has been made,
9-25 and the amount of bond or cash deposit;
9-26 (b) There is an action against a bond, if that is the case, and
9-27 the court, the title and number of the action and the amount
9-28 requested by the plaintiff; and
9-29 (c) There is an action against the Board, if that is the case, and
9-30 the amount requested by the plaintiff.
9-31 4. If a surety, or in the case of a cash deposit, the Board,
9-32 wishes to make payment without awaiting court action, the
9-33 amount of the bond or cash deposit must be reduced to the extent
9-34 of any payment made by the surety or the Board in good faith
9-35 under the bond or cash deposit. Any payment must be based on
9-36 written claims received by the surety or Board before the court
9-37 action.
9-38 5. The surety or the Board may bring an action for
9-39 interpleader against all claimants upon the bond or cash deposit.
9-40 If an action for interpleader is commenced, the surety or the
9-41 Board must serve each known claimant and publish notice of the
9-42 action at least once each week for 2 weeks in a newspaper of
9-43 general circulation in the county where the outfitter has his
9-44 principal place of business. The surety is entitled to deduct its costs
9-45 of the action, including publication, from its liability under the
10-1 bond. The Board is entitled to deduct its costs of the action,
10-2 including attorney’s fees and publication, from the cash deposit.
10-3 6. Claims against a bond or cash deposit have equal priority,
10-4 except where otherwise provided by law, and if the bond or cash
10-5 deposit is insufficient to pay all claims in full, the claims must be
10-6 paid pro rata. Partial payment of claims is not full payment, and
10-7 the claimants may bring actions against the licensee for the
10-8 unpaid balances.
10-9 7. The Board shall not claim against the bond or cash deposit
10-10 required pursuant to section 23 of this act for the payment of an
10-11 administrative fine imposed for a violation of the provisions of this
10-12 chapter.
10-13 Sec. 25. 1. The Board shall not issue a license to an
10-14 applicant if the Board determines that the applicant:
10-15 (a) Is incompetent or does not possess good moral character;
10-16 (b) Is less than 18 years of age; or
10-17 (c) Does not possess sufficient knowledge of the laws and
10-18 regulations of this state and the Federal Government concerning
10-19 fish and game or outfitters and guides.
10-20 2. The Board shall not issue a license as an outfitter to any
10-21 applicant who the Board determines does not have sufficient
10-22 financial resources to conduct adequately the business of an
10-23 outfitter.
10-24 3. The Board shall not issue a license as an outfitter to a
10-25 firm, partnership, corporation or other organization which does
10-26 not have at least one designated agent conducting its business as
10-27 an outfitter who meets the requirements for a license as an
10-28 outfitter.
10-29 4. The Board may refuse to issue a license to an applicant
10-30 who the Board determines has committed an act or omission that
10-31 constitutes grounds for revocation or suspension of a license
10-32 pursuant to this chapter.
10-33 Sec. 26. 1. The Board shall prescribe, by regulation, the
10-34 form and content of licenses issued pursuant to this chapter. The
10-35 Board may prescribe, by regulation, the limitations that may be
10-36 placed upon a license issued pursuant to this chapter. A limitation
10-37 placed upon a license must be clearly indicated on the face of the
10-38 license or as an attachment to the license and constitutes a part of
10-39 the license.
10-40 2. A license as an outfitter issued by the Board must specify:
10-41 (a) The outdoor recreational activities that may be conducted
10-42 by the outfitter pursuant to the license;
10-43 (b) The limits of the geographical area in which the outfitter is
10-44 authorized to operate; and
11-1 (c) The species of game, if any, which may be hunted pursuant
11-2 to the license.
11-3 3. When considering whether to approve an outdoor
11-4 recreational activity for a license, the Board shall consider,
11-5 without limitation:
11-6 (a) The length of time the applicant has operated in that area;
11-7 (b) The extent to which the applicant is qualified by
11-8 experience, equipment or resources to operate in that area;
11-9 (c) The safety record of the applicant;
11-10 (d) The accessibility of the area, the particular terrain and the
11-11 weather conditions normal to that area during the applicable
11-12 season; and
11-13 (e) The total amount of geographical area requested by the
11-14 applicant for a license as an outfitter, giving consideration to
11-15 the effect which the licensure of such an area would have upon
11-16 the environment, the amount of game which can be harvested
11-17 and the number of persons that can be adequately served in the
11-18 area.
11-19 4. A license issued by the Board is valid from the date issued
11-20 until the end of the license year in which the license is issued.
11-21 5. Only the person named on the license may conduct the
11-22 activities described in the license. A license may not be sold,
11-23 assigned or otherwise transferred.
11-24 6. The Board may revise the geographical area of operations
11-25 of the outfitter described in his license if the Board determines
11-26 that good cause exists for the revision.
11-27 Sec. 27. A person engaged in the business, or acting in the
11-28 capacity, of an outfitter or guide within this state may not bring or
11-29 maintain any action in the courts of this state for the collection of
11-30 compensation for the performance of any services as an outfitter
11-31 or guide without alleging and proving that the person, partnership
11-32 or corporation was licensed as an outfitter or guide pursuant to
11-33 this chapter at the time the alleged cause of action arose.
11-34 Sec. 28. 1. If the Board denies an application for a license,
11-35 the Board shall send a written notice to the applicant that sets
11-36 forth the reasons for the denial and any deficiencies in the
11-37 application within 10 days after the Board denies the application.
11-38 2. If the applicant corrects the deficiencies set forth in
11-39 the notice to the satisfaction of the Board within 30 days after the
11-40 applicant receives the notice pursuant to subsection 1, the Board
11-41 shall issue a license to the applicant.
11-42 Sec. 29. 1. Except as otherwise provided in subsection 4, all
11-43 reasonable expenses incurred by the Board in carrying out the
11-44 provisions of this chapter must be paid from the money that it
12-1 receives. No part of the salaries or expenses of the Board may be
12-2 paid out of the State General Fund.
12-3 2. Except as otherwise provided in this section, all money
12-4 collected by the Board from the imposition of fines must be
12-5 deposited with the State Treasurer for credit to the State General
12-6 Fund. All other money received by the Board must be deposited in
12-7 qualified banks, credit unions or savings and loan associations in
12-8 this state and paid out on its order for its expenses.
12-9 3. The Board may delegate to a hearing officer or panel its
12-10 authority to take any disciplinary action pursuant to this chapter,
12-11 impose and collect fines therefor, and deposit the money therefrom
12-12 in banks, credit unions or savings and loan associations in this
12-13 state.
12-14 4. If a hearing officer or panel is not authorized to take
12-15 disciplinary action pursuant to subsection 3 and the Board
12-16 deposits the money collected from the imposition of fines with the
12-17 State General Fund, it may present a claim to the State Board of
12-18 Examiners for recommendation to the Interim Finance Committee
12-19 if money is needed to pay attorney’s fees or the costs of an
12-20 investigation, or both.
12-21 Sec. 30. 1. The Board may, upon its own motion, and shall,
12-22 upon the verified written complaint of any person setting forth
12-23 facts which, if proven, would constitute grounds for denial,
12-24 suspension or revocation of a license pursuant to this chapter,
12-25 investigate the actions of the licensee. If, after an investigation,
12-26 the Board decides to proceed with disciplinary action, the Board
12-27 may take action pursuant to this section.
12-28 2. A written notice of the hearing must be served on the
12-29 respondent not less than 30 days before the date of the hearing,
12-30 either personally or by mailing a copy thereof by registered or
12-31 certified mail to the address of the respondent last known to the
12-32 Board.
12-33 3. If, after having been served with the notice of hearing, the
12-34 respondent fails to appear at the hearing and defend, the Board
12-35 may proceed to hear evidence against the respondent and may
12-36 enter an order as is justified by the evidence. The order is final
12-37 unless the respondent petitions for a review thereof. Within 30
12-38 days after the date of any order, upon a showing of good cause for
12-39 failing to appear and defend, the Board may reopen the
12-40 proceedings and allow the respondent to submit evidence on his
12-41 behalf.
12-42 4. At any hearing a respondent may be represented before the
12-43 Board by counsel. The respondent is entitled, on application to the
12-44 Board, to the issuance of subpoenas to compel the attendance of
12-45 witnesses on his behalf.
13-1 Sec. 31. 1. After giving notice and conducting a hearing,
13-2 the Board may revoke, or suspend for a period of not more than 1
13-3 year, any license issued pursuant to this chapter on any one or a
13-4 combination of the following grounds:
13-5 (a) For providing false information or for failure to provide
13-6 information required to be provided on the application for a
13-7 license that is in effect or for other fraud or deception in obtaining
13-8 a license pursuant to the provisions of this chapter.
13-9 (b) For fraudulent, untruthful or misleading advertising.
13-10 (c) For conviction of a felony.
13-11 (d) For three or more forfeitures of any deposit of money or
13-12 collateral with a court or administrative agency or for a conviction
13-13 for a violation of any regulation of the United States Forest
13-14 Service or the Bureau of Land Management of the United States
13-15 Department of the Interior.
13-16 (e) For unethical or unprofessional conduct as defined by
13-17 regulations of the Board.
13-18 (f) For conviction of any violation of any state or federal law
13-19 or regulation relating to fish and game or outfitters and guides.
13-20 (g) For a substantial breach of any contract with any person
13-21 using the services of the licensee.
13-22 (h) For willfully:
13-23 (1) Operating in a geographical area for which the licensee
13-24 is not licensed; or
13-25 (2) Engaging in any activity for which the licensee is not
13-26 licensed.
13-27 (i) For the employment of an unlicensed guide by an outfitter.
13-28 (j) For the inhumane treatment of any animal used by the
13-29 outfitter or guide in the conduct of his business, including, without
13-30 limitation, the failure to provide the animal with proper food,
13-31 drink and shelter.
13-32 (k) For failure by any firm, partnership, corporation or other
13-33 organization, or any combination thereof, licensed as an outfitter
13-34 to have at least one natural person conducting its business as an
13-35 outfitter who meets the requirements for a license as an outfitter.
13-36 (l) For failure of an outfitter to serve the general public in any
13-37 of the following ways:
13-38 (1) By limiting its services to any natural person, group,
13-39 corporation or club that limits its services to a membership; or
13-40 (2) By not offering services to the general public.
13-41 (m) For any violation of or noncompliance with any applicable
13-42 provision of this chapter or any regulation of the Board adopted
13-43 pursuant to this chapter.
14-1 2. In addition to any other penalties prescribed by this
14-2 chapter, the Board may impose a civil penalty of not more than
14-3 $5,000 for each violation. The Board may recover:
14-4 (a) Attorney’s fees and costs incurred by the Board concerning
14-5 a hearing held pursuant to subsection 1 from a licensee if he is
14-6 found in violation thereof; and
14-7 (b) Attorney’s fees and costs incurred in the recovery of a civil
14-8 penalty imposed.
14-9 Sec. 32. 1. If the Board receives a copy of a court order
14-10 issued pursuant to NRS 425.540 that provides for the suspension
14-11 of all professional, occupational and recreational licenses,
14-12 certificates and permits issued to a person who is the holder of a
14-13 license issued pursuant to this chapter, the Board shall deem the
14-14 license issued to that person to be suspended at the end of the 30th
14-15 day after the date on which the court order was issued unless
14-16 the Board receives a letter issued to the holder of the license by the
14-17 district attorney or other public agency pursuant to NRS 425.550
14-18 stating that the holder of the certificate, registration, license or
14-19 permit has complied with the subpoena or warrant or has satisfied
14-20 the arrearage pursuant to NRS 425.560.
14-21 2. The Board shall reinstate a license issued pursuant to this
14-22 chapter that has been suspended by a district court pursuant to
14-23 NRS 425.540 if the Board receives a letter issued by the district
14-24 attorney or other public agency pursuant to NRS 425.550 to the
14-25 person whose license was suspended stating that the person whose
14-26 license was suspended has complied with the subpoena or warrant
14-27 or has satisfied the arrearage pursuant to NRS 425.560.
14-28 Sec. 33. Any person who is aggrieved by any action of the
14-29 Board in denying the issuance of, or in the suspension or
14-30 revocation of, a license pursuant to this chapter may appeal the
14-31 decision to the Board by filing a written request for a hearing
14-32 before the Board within 21 days after the Board takes action or
14-33 issues its decision concerning that action.
14-34 Sec. 34. 1. Except as otherwise provided in this subsection
14-35 and section 10 of this act, a person shall not operate as an outfitter
14-36 or guide unless the person is licensed as an outfitter or guide, as
14-37 appropriate, pursuant to this chapter. Any natural person who
14-38 holds a license as an outfitter may operate as a guide without
14-39 possessing a license as a guide if he possesses the qualifications of
14-40 a guide as determined by the Board.
14-41 2. A person licensed to operate as an outfitter may conduct
14-42 his business as an outfitter only within the geographical area
14-43 described in his license.
14-44 3. Any person who is convicted of violating any of the
14-45 provisions of this chapter is guilty of a misdemeanor.
15-1 Sec. 35. 1. The Board or its designated agent may
15-2 commence and prosecute in district court a civil enforcement
15-3 action against any person who is alleged to have violated any
15-4 provision of this chapter or any regulation adopted pursuant to
15-5 this chapter. The Board is not required to initiate or prosecute an
15-6 administrative action before commencing and prosecuting a civil
15-7 action.
15-8 2. A civil proceeding may not be brought to recover for a
15-9 violation of any provision of this chapter or any regulation
15-10 adopted pursuant to this chapter more than 2 years after the
15-11 Board has knowledge of the violation.
15-12 3. Any person who is found to have violated any provision of
15-13 this chapter or any regulation adopted pursuant to this chapter
15-14 must be assessed the Board’s costs, including the reasonable
15-15 attorney’s services, for preparing and litigating the case.
15-16 Sec. 36. NRS 622.010 is hereby amended to read as follows:
15-17 622.010 As used in this chapter, unless the context otherwise
15-18 requires, “occupational licensing board” includes, without
15-19 limitation:
15-20 1. The State Board of Architecture, Interior Design and
15-21 Residential Design.
15-22 2. The State Board of Landscape Architecture.
15-23 3. The State Contractors’ Board.
15-24 4. The State Board of Professional Engineers and Land
15-25 Surveyors.
15-26 5. The Board of Registered Environmental Health Specialists.
15-27 6. The Nevada State Board of Accountancy.
15-28 7. The Board of Medical Examiners.
15-29 8. The Board of Homeopathic Medical Examiners.
15-30 9. The Board of Dental Examiners of Nevada.
15-31 10. The State Board of Nursing.
15-32 11. The State Board of Osteopathic Medicine.
15-33 12. The Chiropractic Physicians’ Board of Nevada.
15-34 13. The State Board of Oriental Medicine.
15-35 14. The State Board of Podiatry.
15-36 15. The Nevada State Board of Optometry.
15-37 16. The Board of Dispensing Opticians.
15-38 17. The Board of Hearing Aid Specialists.
15-39 18. The Board of Examiners for Audiology and Speech
15-40 Pathology.
15-41 19. The Nevada State Board of Veterinary Medical Examiners.
15-42 20. The State Board of Pharmacy.
15-43 21. The State Board of Physical Therapy Examiners.
15-44 22. The Board of Occupational Therapy.
15-45 23. The Board of Psychological Examiners.
16-1 24. The Board of Examiners for Marriage and Family
16-2 Therapists.
16-3 25. The Board of Examiners for Social Workers.
16-4 26. The Board of Examiners for Alcohol and Drug Abuse
16-5 Counselors.
16-6 27. The State Board of Funeral Directors, Embalmers and
16-7 Operators of Cemeteries and Crematories.
16-8 28. The State Barbers’ Health and Sanitation Board.
16-9 29. The State Board of Cosmetology.
16-10 30. The Real Estate Division of the Department of Business
16-11 and Industry.
16-12 31. The Commissioner of Financial Institutions.
16-13 32. The Private Investigator’s Licensing Board.
16-14 33. The Health Division of the Department of Human
16-15 Resources.
16-16 34. The Nevada State Board of Examiners for Administrators
16-17 of Facilities for Long-Term Care.
16-18 35. The Certified Court Reporters’ Board of Nevada.
16-19 36. The Board of Outfitters and Guides.
16-20 Sec. 37. NRS 218.825 is hereby amended to read as follows:
16-21 218.825 1. Each of the boards and commissions created by
16-22 the provisions of chapters 623 to 625A, inclusive, 628 to 644,
16-23 inclusive, 654 and 656 of NRS and sections 2 to 35, inclusive, of
16-24 this act shall engage the services of a certified public accountant or
16-25 public accountant, or firm of either of such accountants, to audit all
16-26 its fiscal records once each year for the preceding fiscal year or once
16-27 every other year for the 2 preceding fiscal years. The cost of the
16-28 audit must be paid by the board or commission audited.
16-29 2. A report of each such audit must be filed by the board or
16-30 commission with the Legislative Auditor and the Chief of the
16-31 Budget Division of the Department of Administration on or before
16-32 December 1 of each year in which an audit is conducted. All audits
16-33 must be conducted in accordance with generally accepted auditing
16-34 standards and all financial statements must be prepared in
16-35 accordance with generally accepted principles of accounting for
16-36 special revenue funds.
16-37 3. The Legislative Auditor shall audit the fiscal records of any
16-38 such board or commission whenever directed to do so by the
16-39 Legislative Commission. When the Legislative Commission directs
16-40 such an audit, it shall also determine who is to pay the cost of the
16-41 audit.
16-42 Sec. 38. NRS 284.013 is hereby amended to read as follows:
16-43 284.013 1. Except as otherwise provided in subsection 4, this
16-44 chapter does not apply to:
17-1 (a) Agencies, bureaus, commissions, officers or personnel in the
17-2 Legislative Department or the Judicial Department of State
17-3 Government, including the Commission on Judicial Discipline;
17-4 (b) Any person who is employed by a board, commission,
17-5 committee or council created in chapters 590, 623 to 625A,
17-6 inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS
17-7 [;] and sections 2 to 35, inclusive of this act; or
17-8 (c) Officers or employees of any agency of the Executive
17-9 Department of the State Government who are exempted by specific
17-10 statute.
17-11 2. Except as otherwise provided in subsection 3, the terms and
17-12 conditions of employment of all persons referred to in subsection 1,
17-13 including salaries not prescribed by law and leaves of absence,
17-14 including, without limitation, annual leave and sick and disability
17-15 leave, must be fixed by the appointing or employing authority
17-16 within the limits of legislative appropriations or authorizations.
17-17 3. Except as otherwise provided in this subsection, leaves of
17-18 absence prescribed pursuant to subsection 2 must not be of lesser
17-19 duration than those provided for other state officers and employees
17-20 pursuant to the provisions of this chapter. The provisions of this
17-21 subsection do not govern the Legislative Commission with respect
17-22 to the personnel of the Legislative Counsel Bureau.
17-23 4. Any board, commission, committee or council created in
17-24 chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,
17-25 648, 652, 654 and 656 of NRS and sections 2 to 35, inclusive, of
17-26 this act which contracts for the services of a person, shall require the
17-27 contract for those services to be in writing. The contract must be
17-28 approved by the State Board of Examiners before those services
17-29 may be provided.
17-30 Sec. 39. Chapter 289 of NRS is hereby amended by adding
17-31 thereto a new section to read as follows:
17-32 1. A person who is employed as an enforcement officer by the
17-33 Board of Outfitters and Guides pursuant to section 17 of this act is
17-34 a peace officer for the purposes of:
17-35 (a) Enforcing the provisions of sections 2 to 35, inclusive, of
17-36 this act and any regulations adopted pursuant thereto.
17-37 (b) Responding to requests from other law enforcement
17-38 agencies for assistance in enforcing other laws.
17-39 2. For purposes of this section, a request from a law
17-40 enforcement agency means a request relating to a specific
17-41 violation or suspicion of a violation of law and does not constitute
17-42 a continuous request for assistance outside the scope of
17-43 enforcement of the provisions of sections 2 to 35, inclusive, of this
17-44 act.
18-1 Sec. 40. NRS 289.010 is hereby amended to read as follows:
18-2 289.010 As used in this chapter, unless the context otherwise
18-3 requires:
18-4 1. “Choke hold” means the holding of a person’s neck in a
18-5 manner specifically intended to restrict the flow of oxygen or blood
18-6 to the person’s lungs or brain. The term includes the arm-bar
18-7 restraint, carotid restraint and lateral vascular neck restraint.
18-8 2. “Peace officer” means any person upon whom some or all of
18-9 the powers of a peace officer are conferred pursuant to NRS
18-10 289.150 to 289.360, inclusive[.] , and section 39 of this act.
18-11 3. “Punitive action” means any action which may lead to
18-12 dismissal, demotion, suspension, reduction in salary, written
18-13 reprimand or transfer of a peace officer for purposes of punishment.
18-14 Sec. 41. NRS 353.005 is hereby amended to read as follows:
18-15 353.005 The provisions of this chapter do not apply to boards
18-16 created pursuant to chapters 623 to 625A, inclusive, 628, 630 to
18-17 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and
18-18 sections 2 to 35, inclusive, of this act and the officers and
18-19 employees thereof.
18-20 Sec. 42. NRS 353A.020 is hereby amended to read as follows:
18-21 353A.020 1. The Director, in consultation with the
18-22 Committee and Legislative Auditor, shall adopt a uniform system of
18-23 internal accounting and administrative control for agencies. The
18-24 elements of the system must include, without limitation:
18-25 (a) A plan of organization which provides for a segregation of
18-26 duties appropriate to safeguard the assets of the agency;
18-27 (b) A plan which limits access to assets of the agency to persons
18-28 who need the assets to perform their assigned duties;
18-29 (c) Procedures for authorizations and recordkeeping which
18-30 effectively control accounting of assets, liabilities, revenues and
18-31 expenses;
18-32 (d) A system of practices to be followed in the performance of
18-33 the duties and functions of each agency; and
18-34 (e) An effective system of internal review.
18-35 2. The Director, in consultation with the Committee and
18-36 Legislative Auditor, may modify the system whenever he considers
18-37 it necessary.
18-38 3. Each agency shall develop written procedures to carry out
18-39 the system of internal accounting and administrative control adopted
18-40 pursuant to this section.
18-41 4. For the purposes of this section, “agency” does not include:
18-42 (a) A board created by the provisions of chapters 623 to 625A,
18-43 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
18-44 and 656 of NRS[.] and sections 2 to 35, inclusive, of this act.
18-45 (b) The University and Community College System of Nevada.
19-1 (c) The Public Employees’ Retirement System.
19-2 (d) The Housing Division of the Department of Business and
19-3 Industry.
19-4 (e) The Colorado River Commission of Nevada.
19-5 Sec. 43. NRS 353A.025 is hereby amended to read as follows:
19-6 353A.025 1. The head of each agency shall periodically
19-7 review the agency’s system of internal accounting and
19-8 administrative control to determine whether it is in compliance with
19-9 the uniform system of internal accounting and administrative control
19-10 for agencies adopted pursuant to subsection 1 of NRS 353A.020.
19-11 2. On or before July 1 of each even-numbered year, the head of
19-12 each agency shall report to the Director whether the agency’s
19-13 system of internal accounting and administrative control is in
19-14 compliance with the uniform system adopted pursuant to subsection
19-15 1 of NRS 353A.020. The reports must be made available for
19-16 inspection by the members of the Legislature.
19-17 3. For the purposes of this section, “agency” does not include:
19-18 (a) A board created by the provisions of chapters 623 to 625A,
19-19 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
19-20 and 656 of NRS[.] and sections 2 to 35, inclusive, of this act.
19-21 (b) The University and Community College System of Nevada.
19-22 (c) The Public Employees’ Retirement System.
19-23 (d) The Housing Division of the Department of Business and
19-24 Industry.
19-25 (e) The Colorado River Commission of Nevada.
19-26 4. The Director shall, on or before the first Monday in
19-27 February of each odd-numbered year, submit a report on the status
19-28 of internal accounting and administrative controls in agencies to the:
19-29 (a) Director of the Legislative Counsel Bureau for transmittal to
19-30 the:
19-31 (1) Senate Standing Committee on Finance; and
19-32 (2) Assembly Standing Committee on Ways and Means;
19-33 (b) Governor; and
19-34 (c) Legislative Auditor.
19-35 5. The report submitted by the Director pursuant to subsection
19-36 4 must include, without limitation:
19-37 (a) The identification of each agency that has not complied with
19-38 the requirements of subsections 1 and 2;
19-39 (b) The identification of each agency that does not have an
19-40 effective method for reviewing its system of internal accounting and
19-41 administrative control; and
19-42 (c) The identification of each agency that has weaknesses in its
19-43 system of internal accounting and administrative control, and the
19-44 extent and types of such weaknesses.
20-1 Sec. 44. NRS 353A.045 is hereby amended to read as follows:
20-2 353A.045 The Chief shall:
20-3 1. Report to the Director.
20-4 2. Develop long-term and annual work plans to be based on the
20-5 results of periodic documented risk assessments. The annual work
20-6 plan must list the agencies to which the Division will provide
20-7 training and assistance and be submitted to the Director for
20-8 approval. Such agencies must not include:
20-9 (a) A board created by the provisions of chapters 623 to 625A,
20-10 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
20-11 and 656 of NRS[.] and sections 2 to 35, inclusive, of this act.
20-12 (b) The University and Community College System of Nevada.
20-13 (c) The Public Employees’ Retirement System.
20-14 (d) The Housing Division of the Department of Business and
20-15 Industry.
20-16 (e) The Colorado River Commission of Nevada.
20-17 3. Provide a copy of the approved annual work plan to the
20-18 Legislative Auditor.
20-19 4. In consultation with the Director, prepare a plan for auditing
20-20 executive branch agencies for each fiscal year and present the plan
20-21 to the Committee for its review and approval. Each plan for auditing
20-22 must:
20-23 (a) State the agencies which will be audited, the proposed scope
20-24 and assignment of those audits and the related resources which will
20-25 be used for those audits; and
20-26 (b) Ensure that the internal accounting, administrative controls
20-27 and financial management of each agency are reviewed periodically.
20-28 5. Perform the audits of the programs and activities of the
20-29 agencies in accordance with the plan approved pursuant to
20-30 subsection 5 of NRS 353A.038 and prepare audit reports of his
20-31 findings.
20-32 6. Review each agency that is audited pursuant to subsection 5
20-33 and advise those agencies concerning internal accounting,
20-34 administrative controls and financial management.
20-35 7. Submit to each agency that is audited pursuant to
20-36 subsection 5 analyses, appraisals and recommendations concerning:
20-37 (a) The adequacy of the internal accounting and administrative
20-38 controls of the agency; and
20-39 (b) The efficiency and effectiveness of the management of the
20-40 agency.
20-41 8. Report any possible abuses, illegal actions, errors, omissions
20-42 and conflicts of interest of which the Division becomes aware
20-43 during the performance of an audit.
20-44 9. Adopt the standards of the Institute of Internal Auditors for
20-45 conducting and reporting on audits.
21-1 10. Consult with the Legislative Auditor concerning the plan
21-2 for auditing and the scope of audits to avoid duplication of effort
21-3 and undue disruption of the functions of agencies that are audited
21-4 pursuant to subsection 5.
21-5 11. Appoint a Manager of Internal Controls.
21-6 Sec. 45. NRS 608.0116 is hereby amended to read as follows:
21-7 608.0116 “Professional” means pertaining to an employee who
21-8 is licensed or certified by the State of Nevada for and engaged in the
21-9 practice of law or any of the professions regulated by chapters 623
21-10 to 645, inclusive, of NRS[.] and sections 2 to 35, inclusive, of this
21-11 act.
21-12 Sec. 46. 1. Notwithstanding the provisions of sections 2 to
21-13 35, inclusive, of this act, a person who operates as an outfitter or
21-14 guide is not required to be licensed as an outfitter or guide pursuant
21-15 to the provisions of this act before July 1, 2004.
21-16 2. As used in this section:
21-17 (a) “Guide” has the meaning ascribed to it in section 5 of this
21-18 act.
21-19 (b) “Outfitter” has the meaning ascribed to it in section 9 of this
21-20 act.
21-21 Sec. 47. 1. Notwithstanding the provisions of section 11 of
21-22 this act, each initial member appointed to the Board of Outfitters
21-23 and Guides pursuant to paragraph (b) of subsection 2 of section 11
21-24 of this act is not required to be licensed pursuant to sections 2 to 35,
21-25 inclusive, of this act at the time of appointment, but must be eligible
21-26 for a license as an outfitter or guide at the time of appointment.
21-27 2. As soon as practicable after July 1, 2003:
21-28 (a) The Board of Wildlife Commissioners shall appoint to the
21-29 Board one member whose term expires on September 30, 2004; and
21-30 (b) The Governor shall appoint to the Board:
21-31 (1) Two members whose terms expire on September 30,
21-32 2005; and
21-33 (2) Two members whose terms expire on September 30,
21-34 2006.
21-35 Sec. 48. 1. This act becomes effective on July 1, 2003.
21-36 2. Sections 20 and 32 of this act expire by limitation on the
21-37 date on which the provisions of 42 U.S.C. § 666 requiring each state
21-38 to establish procedures under which the state has authority to
21-39 withhold or suspend, or to restrict the use of professional,
21-40 occupational and recreational licenses of persons who:
21-41 (a) Have failed to comply with a subpoena or warrant relating to
21-42 a proceeding to determine the paternity of a child or to establish or
21-43 enforce an obligation for the support of a child; or
22-1 (b) Are in arrears in the payment for the support of one or more
22-2 children,
22-3 are repealed by the Congress of the United States.
22-4 H