2009 Statutes of Nevada, Pages 213-312

[Rev. 2/6/2019 2:55:40 PM]

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ê2009 Statutes of Nevada, Page 213 (CHAPTER 64, SB 314)ê

(b) Between health care facilities or pharmacies that are under common control.

(d) Pursuant to a prescription.

4. A transfer of drugs, in an amount not to exceed 5 percent of the total annual sales, by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.

5. The distribution of drug samples by a representative of the manufacturer or distributor.

6. The sale, purchase or exchange of blood or blood components for transfusions.

Ê As used in this section, “health care facility” has the meaning ascribed to it in [NRS 449.800.] section 61 of this act.

Sec. 86. NRS 111.450, 111.460, 111.470, 449.800, 449.810, 449.820, 449.830, 449.840, 449.850 and 449.860 are hereby repealed.

Sec. 87. Except as otherwise provided in this act:

1. This act applies to a power of attorney created before, on or after October 1, 2009.

2. This act applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2009.

3. This act applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2009, unless the court finds that the application of a provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies.

4. An act done before October 1, 2009, is not affected by this act.

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CHAPTER 65, SB 342

Senate Bill No. 342–Committee on Health and Education

CHAPTER 65

AN ACT relating to the protection of children; expanding the relatives who receive preference when a child is placed in the custody of a person other than the parent of the child by a court, an agency which provides child welfare services or other person; and providing other matters properly relating thereto.

[Approved: May 11, 2009]

Legislative Counsel’s Digest:

Existing law requires courts, agencies which provide child welfare services and others to give preference to relatives within the third degree of consanguinity when placing a child in the custody of a person other than the parent. (NRS 62C.010, 62E.120, 62E.170, 125.480, 432B.390, 432B.480, 432B.550) Sections 1-7 of this bill expand the relatives who receive such preference to include relatives within the fifth degree of consanguinity. Section 8 of this bill similarly authorizes such preference when placing a child whose parents have had their parental rights terminated. (NRS 128.110)

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ê2009 Statutes of Nevada, Page 214 (CHAPTER 65, SB 342)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 432B.390 is hereby amended to read as follows:

432B.390 1. An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services:

(a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

(b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

2. When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.

3. If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.

4. An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

5. Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to this section to place a child in protective custody.

6. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include, without limitation, a foster home or other home or facility which provides care for those children, except as otherwise provided in NRS 432B.3905. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

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ê2009 Statutes of Nevada, Page 215 (CHAPTER 65, SB 342)ê

7. A person placing a child in protective custody pursuant to subsection 1 shall:

(a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

(b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody;

(c) Give preference in placement of the child to any person related within the [third] fifth degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State; and

(d) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.

8. If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

Sec. 2. NRS 432B.480 is hereby amended to read as follows:

432B.480 1. At each hearing conducted pursuant to NRS 432B.470:

(a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.

(b) The court shall determine whether there is reasonable cause to believe that it would be:

(1) Contrary to the welfare of the child for him to reside at his home; or

(2) In the best interests of the child to place him outside of his home.

Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.

(c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.

2. If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:

(a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the [third] fifth degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or

(b) Grant the grandparent, great-grandparent or other person related within the [third] fifth degree of consanguinity to the child a reasonable right to visit the child while he is in protective custody.

3. If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order his immediate release.

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ê2009 Statutes of Nevada, Page 216 (CHAPTER 65, SB 342)ê

4. If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

Sec. 3. NRS 432B.550 is hereby amended to read as follows:

432B.550 1. If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:

(a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

(b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or

(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.

Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159 of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

2. If, pursuant to subsection 1, a child is placed other than with a parent:

(a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

(b) The court shall set forth good cause why the child was placed other than with a parent.

3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

4. Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the report need not be sent to that parent.

5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian:

(a) It must be presumed to be in the best interests of the child to be placed together with his siblings.

(b) Preference must be given to placing the child with any person related within the [third] fifth degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

Ê Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home.

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ê2009 Statutes of Nevada, Page 217 (CHAPTER 65, SB 342)ê

child outside of his home. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

6. Within 60 days after the removal of a child from his home, the court shall:

(a) Determine whether:

(1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

(2) No such efforts are required in the particular case; and

(b) Prepare an explicit statement of the facts upon which its determination is based.

Sec. 4. NRS 62C.010 is hereby amended to read as follows:

62C.010 Except as otherwise provided in this title and NRS 484.383:

1. A peace officer or probation officer may take into custody any child:

(a) Who the officer has probable cause to believe is violating or has violated any state or local law, ordinance, or rule or regulation having the force of law; or

(b) Whose conduct indicates that the child is in need of supervision.

2. If a child is taken into custody:

(a) The officer shall, without undue delay, attempt to notify, if known, the parent or guardian of the child;

(b) The facility in which the child is detained shall, without undue delay:

(1) Notify a probation officer; and

(2) Attempt to notify, if known, the parent or guardian of the child if such notification was not accomplished pursuant to paragraph (a); and

(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the juvenile court, the child must be released to the custody of a parent or guardian or another responsible adult who has signed a written agreement to bring the child before the juvenile court at a time stated in the agreement or as the juvenile court may direct. The written agreement must be submitted to the juvenile court as soon as possible. If the person fails to produce the child at the time stated in the agreement or upon a summons from the juvenile court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both, be brought before the juvenile court at a time stated in the writ.

3. If a child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The juvenile court; or

(2) The place of detention designated by the juvenile court and, as soon as possible thereafter, the fact of detention must be reported to the juvenile court; and

(b) Pending further disposition of the case, the juvenile court may order that the child be:

(1) Released to the custody of a parent or guardian or another person appointed by the juvenile court;

(2) Detained in a place designated by the juvenile court, subject to further order of the juvenile court; or

(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of children. The supervised detention at the home of the child may include electronic surveillance of the child.

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ê2009 Statutes of Nevada, Page 218 (CHAPTER 65, SB 342)ê

4. In determining whether to release a child pursuant to this section to a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the [third] fifth degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

Sec. 5. NRS 62E.120 is hereby amended to read as follows:

62E.120 In determining whether to place a child in the custody of a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the [third] fifth degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

Sec. 6. NRS 62E.170 is hereby amended to read as follows:

62E.170 1. Except as otherwise provided in this section, if the juvenile court places a child in a foster home or other similar institution, the juvenile court shall review the placement at least semiannually for the purpose of determining whether:

(a) Continued placement or supervision is in the best interests of the child and the public; and

(b) The child is being treated fairly.

2. In conducting the review, the juvenile court may:

(a) Require a written report from the child’s protective services officer, welfare worker or other guardian of the child which includes, but is not limited to, an evaluation of the progress of the child and recommendations for further supervision, treatment or rehabilitation.

(b) Request any information or statements that the juvenile court deems necessary for the review.

3. The juvenile court shall hold dispositional hearings not later than 18 months after the review required by subsection 1, and at least annually thereafter.

4. The juvenile court shall hold each dispositional hearing to determine whether:

(a) The child should be returned to his parent or guardian or other relatives;

(b) The child’s placement in the foster home or other similar institution should be continued;

(d) The child should remain in the foster home or other similar institution on a long-term basis.

5. The provisions of this section do not apply to the placement of a child in the home of the child’s parent or parents.

6. This section does not limit the power of the juvenile court to order a review or similar proceeding under subsection 1 other than semiannually.

7. In determining the placement of the child pursuant to this section, the juvenile court shall give preference to any person who is related to the child within the [third] fifth degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

Sec. 7. NRS 125.480 is hereby amended to read as follows:

125.480 1. In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child.

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ê2009 Statutes of Nevada, Page 219 (CHAPTER 65, SB 342)ê

interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

2. Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.

3. The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

(a) To both parents jointly pursuant to NRS 125.490 or to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parent’s application.

(b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.

(c) To any person related within the [third] fifth degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

(d) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

4. In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody.

(b) Any nomination by a parent or a guardian for the child.

(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet the needs of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs of the child.

(h) The nature of the relationship of the child with each parent.

(i) The ability of the child to maintain a relationship with any sibling.

(j) Any history of parental abuse or neglect of the child or a sibling of the child.

(k) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

5. Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

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ê2009 Statutes of Nevada, Page 220 (CHAPTER 65, SB 342)ê

if possible, then determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

(a) All prior acts of domestic violence involving either party;

(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

(d) Whether, during the prior acts, one of the parties acted in self-defense; and

(e) Any other factors which the court deems relevant to the determination.

Ê In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies to both parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies only to the party determined by the court to be the primary physical aggressor.

7. As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

Sec. 8. NRS 128.110 is hereby amended to read as follows:

128.110 1. Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this State to provide services and care to children, or to receive any children for placement.

2. If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child:

(a) May give preference to the placement of the child with any person related within the [third] fifth degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

(b) Shall, if practicable, give preference to the placement of the child together with his siblings.

Ê Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his home.

Sec. 9. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 221ê

CHAPTER 66, SB 344

Senate Bill No. 344–Committee on Health and Education

CHAPTER 66

AN ACT relating to child welfare; authorizing the Director of the Department of Health and Human Services to create an interagency committee to evaluate the child welfare system; and providing other matters properly relating thereto.

[Approved: May 11, 2009]

Legislative Counsel’s Digest:

This bill authorizes the Director of the Department of Health and Human Services to create an interagency committee to review the child welfare system and make recommendations for changes in the system. This bill further authorizes such an interagency committee to submit one request for the preparation of a bill draft directly to the Legislative Counsel by September 1 of an even-numbered year. This bill also requires such an interagency committee to prepare a written report to be submitted to the Legislature.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Director of the Department of Health and Human Services may create an interagency committee to evaluate the child welfare system in this State. Any such evaluation must include, without limitation, a review of state laws to ensure that the state laws comply with federal law and to ensure that the state laws reflect the current practices of each agency which provides child welfare services and others involved in the child welfare system.

2. The Director may appoint as many members to the interagency committee as he deems appropriate except that the members of such a committee must include, without limitation, at least one person to represent:

(a) Each agency which provides child welfare services;

(b) The Department of Education;

(d) Law enforcement; and

(e) Providers of treatment or services for persons in the child welfare system.

3. The interagency committee created pursuant to subsection 1 may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare one legislative measure for a regular legislative session if it determines that changes in legislation are necessary. Any such request must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature. Upon completion of the proposed legislation, the Legislative Counsel shall transmit any legislative measure prepared pursuant to this subsection to the appropriate standing committee of the Assembly or Senate within the first week of the next regular legislative session for introduction.

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ê2009 Statutes of Nevada, Page 222 (CHAPTER 66, SB 344)ê

4. The interagency committee created pursuant to subsection 1 shall, on or before January 1 of each odd-numbered year after it is created, submit to the Director of the Legislative Counsel Bureau a written report for transmittal to the Chairmen of the Assembly and Senate Standing Committees on Judiciary, the Chairman of the Assembly Committee on Health and Human Services and the Chairman of the Senate Committee on Health and Education.

Sec. 2. This act becomes effective on July 1, 2009.

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CHAPTER 67, AB 59

Assembly Bill No. 59–Committee on Judiciary

CHAPTER 67

AN ACT relating to child custody; creating a rebuttable presumption against an award of custody or unsupervised visitation for a person who has committed an act of abduction against a child; and providing other matters properly relating thereto.

[Approved: May 11, 2009]

Legislative Counsel’s Digest:

Existing law provides that an award of child custody or visitation may only be made by considering the best interest of the child. (NRS 125.480, 125C.010) Further, existing law creates a rebuttable presumption that sole or joint custody of a child by a perpetrator of domestic violence is not in the best interest of the child. (NRS 125.480, 125C.230, 432B.157) Section 1 of this bill, for cases involving divorce or other dissolution of marriage: (1) creates a similar rebuttable presumption against awarding sole or joint custody or unsupervised visitation to a perpetrator of an act of abduction against his child or any other child; (2) defines the term “abduction”; (3) provides certain acts that constitute conclusive evidence of an act of abduction; and (4) requires a court to follow certain procedures concerning how to determine custody when, after a final order of custody has been entered, a magistrate determines probable cause exists that a party to the custody proceeding has committed an act of abduction against the child or any other child. Sections 2 and 3 of this bill incorporate the same presumption and provisions into chapter 125C of NRS concerning custody and visitation and chapter 432B of NRS concerning protection of children from abuse and neglect.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 125.480 is hereby amended to read as follows:

125.480 1. In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

2. Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.

3. The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

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ê2009 Statutes of Nevada, Page 223 (CHAPTER 67, AB 59)ê

(b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.

(c) To any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

(d) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

4. In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody.

(b) Any nomination by a parent or a guardian for the child.

(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet the needs of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs of the child.

(h) The nature of the relationship of the child with each parent.

(i) The ability of the child to maintain a relationship with any sibling.

(j) Any history of parental abuse or neglect of the child or a sibling of the child.

(k) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

(l) Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.

(a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

6. If after an evidentiary hearing held pursuant to subsection 5 the court determines that each party has engaged in acts of domestic violence, it shall, if possible, then determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

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ê2009 Statutes of Nevada, Page 224 (CHAPTER 67, AB 59)ê

(a) All prior acts of domestic violence involving either party;

(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

(d) Whether, during the prior acts, one of the parties acted in self-defense; and

(e) Any other factors which the court deems relevant to the determination.

7. A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of abduction occurred; and

(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

8. For purposes of subsection 7, any of the following acts constitute conclusive evidence that an act of abduction occurred:

(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

(b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or

(c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

9. If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 7 and 8.

10. As used in this section [, “domestic] :

(a) “Abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

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ê2009 Statutes of Nevada, Page 225 (CHAPTER 67, AB 59)ê

(b) “Domestic violence” means the commission of any act described in NRS 33.018.

Sec. 2. Chapter 125C of NRS is hereby amended by adding thereto a new section to read as follows:

1. A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

(a) Findings of fact that support the determination that one or more acts of abduction occurred; and

(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

2. For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:

(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

3. If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.

4. As used in this section, “abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

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ê2009 Statutes of Nevada, Page 226 (CHAPTER 67, AB 59)ê

(a) Findings of fact that support the determination that one or more acts of abduction occurred; and

(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

2. For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:

(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

4. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to this section has engaged in one or more acts of abduction against the child or any other child, unless a court determines that it is in the best interest of the child for the perpetrator of the abduction to have custody of the child.

5. As used in this section, “abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

Sec. 4. This act becomes effective upon passage and approval.

________

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ê2009 Statutes of Nevada, Page 227ê

CHAPTER 68, AB 120

Assembly Bill No. 120–Committee on Judiciary

CHAPTER 68

AN ACT relating to protective orders; authorizing a victim of a sexual assault to seek a protective order against the person who allegedly committed the sexual assault; establishing procedures for obtaining such orders; providing penalties; and providing other matters properly relating thereto.

[Approved: May 11, 2009]

Legislative Counsel’s Digest:

Existing law authorizes a victim of stalking, harassment or aggravated stalking to seek a temporary or extended protective order against the person who allegedly committed the crime against the victim. (NRS 200.591) Existing law also: (1) provides for the deferment of fees related to such orders; (2) fixes the duration of such orders; (3) provides for such orders to be transmitted to and enforced by law enforcement; and (4) requires the court to provide a victim with a copy of the court order if a condition of the defendant’s sentence restricts the ability of the defendant to have contact with the victim. (NRS 200.592-200.601)

Section 3 of this bill similarly authorizes a victim of sexual assault to seek a temporary or extended order of protection against the person who allegedly committed the sexual assault against him. Sections 4-7 of this bill provide the same requirements for fees, duration, transmission, enforcement and information provided for such orders of protection for a victim of sexual assault as are provided in existing law for similar orders of protection for a victim of stalking, harassment or aggravated stalking.

Section 1 of this bill includes a violation of a temporary or extended order of protection against a person who allegedly committed a sexual assault to the list of violations which may result in an additional penalty. (NRS 193.166)

Section 9 of this bill expands the jurisdiction of justice courts to include actions for the issuance of a temporary or extended order of protection against a person who allegedly committed a sexual assault. (NRS 4.370)

Section 11 of this bill exempts actions involving orders of protection for a victim of sexual assault from the requirement that the Supreme Court adopt rules and procedures for jury trials in justices’ courts that are designed to limit the length of such trials. (NRS 67.060)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 193.166 is hereby amended to read as follows:

193.166 1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400 or subsection 5 of NRS 200.591, or subsection 5 of section 3 of this act, in violation of:

(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;

(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;

(d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; [or]

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ê2009 Statutes of Nevada, Page 228 (CHAPTER 68, AB 120)ê

(e) A temporary or extended order issued pursuant to NRS 200.591 [,] ; or

(f) A temporary or extended order issued pursuant to section 3 of this act,

Ê shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person 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.

2. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

3. The sentence prescribed by this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

4. The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, or battery which results in substantial bodily harm if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

5. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

Sec. 2. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

Sec. 3. 1. In addition to any other remedy provided by law, a person who reasonably believes that the crime of sexual assault has been committed against him by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who allegedly committed the sexual assault to:

(a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.

(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

(c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

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ê2009 Statutes of Nevada, Page 229 (CHAPTER 68, AB 120)ê

2. If a defendant charged with a crime involving sexual assault is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

(a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.

3. A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

(a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

(b) A hearing is held on the petition.

4. If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

5. Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

(a) A temporary order is guilty of a gross misdemeanor.

(b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

6. Any court order issued pursuant to this section must:

(a) Be in writing;

(b) Be personally served on the person to whom it is directed; and

(1) Subjects the person to immediate arrest.

(2) Is a gross misdemeanor if the order is a temporary order.

(3) Is a category C felony if the order is an extended order.

7. A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after his arrest if:

(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

(b) The person has previously violated a temporary or extended order for protection; or

(1) A concentration of alcohol of 0.08 or more in his blood or breath; or

(2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

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ê2009 Statutes of Nevada, Page 230 (CHAPTER 68, AB 120)ê

Sec. 4. 1. The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to section 3 of this act. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.

2. The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to section 3 of this act and the adverse party, free of cost, with information about the:

(a) Availability of temporary and extended orders pursuant to section 3 of this act;

(b) Procedure for filing an application for such an order; and

3. A person who obtains an order pursuant to section 3 of this act must not be charged any fee to have the order served in this State.

Sec. 5. 1. A temporary order issued pursuant to section 3 of this act 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, 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.

Sec. 6. 1. Each court that issues an order pursuant to section 3 of this act shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.

2. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has probable cause to believe that:

(a) An order has been issued pursuant to section 3 of this act to the person to be arrested;

(b) The person to be arrested has been served with a copy of the order; and

3. Any law enforcement agency in this State may enforce a court order issued pursuant to section 3 of this act.

Sec. 7. 1. The prosecuting attorney in any trial brought against a person on a charge of sexual assault shall inform the alleged victim of the final disposition of the case.

2. If the defendant is found guilty and the court issues an order or provides a condition of his sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:

(a) Keep a record of the order or condition of the sentence; and

(b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.

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ê2009 Statutes of Nevada, Page 231 (CHAPTER 68, AB 120)ê

Sec. 8. NRS 200.364 is hereby amended to read as follows:

200.364 As used in NRS 200.364 to 200.3774, inclusive, and sections 3 to 7, inclusive, of this act, unless the context otherwise requires:

1. “Perpetrator” means a person who commits a sexual assault.

2. “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

3. “Statutory sexual seduction” means:

(a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or

(b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

4. “Victim” means a person who is subjected to a sexual assault.

Sec. 9. NRS 4.370 is hereby amended to read as follows:

4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $10,000.

(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $10,000.

(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

(e) In actions to recover the possession of personal property, if the value of the property does not exceed $10,000.

(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.

(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.

(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.

(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $10,000.

(j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

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ê2009 Statutes of Nevada, Page 232 (CHAPTER 68, AB 120)ê

(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

(l) In actions for a fine imposed for a violation of NRS 484.757.

(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

(1) In a county whose population is more than 100,000 and less than 400,000;

(2) In any township whose population is 100,000 or more located within a county whose population is more than 400,000; or

(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

(n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

(o) In small claims actions under the provisions of chapter 73 of NRS.

(p) In actions to contest the validity of liens on mobile homes or manufactured homes.

(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

(r) In any action pursuant to section 3 of this act for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.

(s) In actions transferred from the district court pursuant to NRS 3.221.

[(s)] (t) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.

4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

6. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

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ê2009 Statutes of Nevada, Page 233 (CHAPTER 68, AB 120)ê

Sec. 10. NRS 62C.020 is hereby amended to read as follows:

62C.020 1. A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018, unless the peace officer or probation officer who has taken the child into custody determines that the child does not otherwise meet the criteria for secure detention and:

(a) Respite care or another out-of-home alternative to secure detention is available for the child;

(b) An out-of-home alternative to secure detention is not necessary to protect the victim from injury; or

(c) Family services are available to maintain the child in the home and the parents or guardians of the child agree to receive those family services and to allow the child to return to the home.

2. A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS , or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or for violating a temporary or extended order for protection against sexual assault issued pursuant to section 3 of this act and:

(a) The peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm;

(b) The child has previously violated a temporary or extended order for protection of the type for which he has been taken into custody; or

(1) A concentration of alcohol of 0.08 or more in his blood or breath; or

(2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

3. For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

Sec. 11. NRS 67.060 is hereby amended to read as follows:

67.060 1. Except as otherwise provided in subsection 3, the Supreme Court shall adopt rules and procedures for conducting trials by jury in civil actions in the justice courts that are designed to limit the length of trials.

2. The rules and procedures adopted pursuant to this section may provide for:

(a) Restrictions on the amount of discovery requested by each party;

(b) The use of a jury composed of not more than six persons and not less than four persons; and

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ê2009 Statutes of Nevada, Page 234 (CHAPTER 68, AB 120)ê

3. This section does not apply to:

(a) An action for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.

(b) An action when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.

(d) An action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

(e) A small claims action brought under the provisions of chapter 73 of NRS.

(f) An action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

(g) An action pursuant to section 3 of this act for the issuance of a protective order against a person alleged to have committed sexual assault.

Sec. 12. NRS 178.484 is hereby amended to read as follows:

178.484 1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail;

(b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

(c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail; or

(b) A department of alternative sentencing directs the detention facility to admit the person to bail.

4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

5. A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 484.379778, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on his own recognizance unless he has a concentration of alcohol of less than 0.04 in his breath. A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his breath as a condition of admission to bail or release is not admissible as evidence against the person.

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ê2009 Statutes of Nevada, Page 235 (CHAPTER 68, AB 120)ê

6. A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 484.379778, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on his own recognizance sooner than 12 hours after his arrest.

7. A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

(2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

(2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

8. A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or for violating a temporary or extended order for protection against sexual assault pursuant to section 3 of this act must not be admitted to bail sooner than 12 hours after his arrest if:

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ê2009 Statutes of Nevada, Page 236 (CHAPTER 68, AB 120)ê

(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

(b) The person has previously violated a temporary or extended order for protection of the type for which he has been arrested; or

(1) A concentration of alcohol of 0.08 or more in his blood or breath; or

(2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

9. If a person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 8, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 [;] , or of violating a temporary or extended order for protection against sexual assault pursuant to section 3 of this act;

(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 [;] , or of violating a temporary or extended order for protection against sexual assault pursuant to section 3 of this act; or

(c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 [.] , or of violating a temporary or extended order for protection against sexual assault pursuant to section 3 of this act.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for protection against sexual assault pursuant to section 3 of this act if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

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ê2009 Statutes of Nevada, Page 237 (CHAPTER 68, AB 120)ê

extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for protection against sexual assault pursuant to section 3 of this act if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

10. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

11. Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

(a) Requiring the person to remain in this State or a certain county within this State;

(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

(d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

Ê In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

12. If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS 22.010; or

(b) Increase the amount of bail pursuant to NRS 178.499.

13. An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

14. Before a person may be admitted to bail, he must sign a document stating that:

(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

(c) If he fails to appear when so ordered and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.

Ê The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

15. If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 238 (CHAPTER 68, AB 120)ê

16. For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

Sec. 13. This act becomes effective upon passage and approval.

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CHAPTER 69, AB 237

Assembly Bill No. 237–Committee on Judiciary

CHAPTER 69

AN ACT relating to juveniles; revising the provisions governing the certification of certain juveniles as adults for criminal proceedings; and providing other matters properly relating thereto.

[Approved: May 11, 2009]

Legislative Counsel’s Digest:

Existing law provides for the certification of a child as an adult for criminal proceedings under certain circumstances. (NRS 62B.390) Under the concept that is commonly referred to as “presumptive certification,” the juvenile court is required to certify a child for criminal proceedings as an adult if the child is charged with certain offenses and was 14 years of age or older at the time of allegedly committing the offense, unless an exception applies. (NRS 62B.390) One such exception to presumptive certification is when the juvenile court specifically finds by clear and convincing evidence that the actions of the child were substantially the result of the substance abuse or emotional or behavioral problems of the child. The Nevada Supreme Court recently ruled that this exception to presumptive certification violates a child’s right against self-incrimination under the Fifth Amendment to the United States Constitution by requiring the child to admit to criminal conduct to challenge certification. (In re William M., 124 Nev. Adv. Op. No. 95 (2008)) This bill eliminates the exception to presumptive certification that was found unconstitutional by the Nevada Supreme Court and provides instead that the juvenile court is not required to certify the child as an adult if the child has substance abuse or emotional or behavioral problems that may be appropriately treated through the jurisdiction of the juvenile court. This bill also raises the threshold age at which a child may be certified as an adult under presumptive certification from 14 years of age to 16 years of age.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 62B.390 is hereby amended to read as follows:

62B.390 1. Except as otherwise provided in subsection 2 and NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

(a) Is charged with an offense that would have been a felony if committed by an adult; and

(b) Was 14 years of age or older at the time the child allegedly committed the offense.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 239 (CHAPTER 69, AB 237)ê

2. Except as otherwise provided in subsection 3, upon a motion by the district attorney and after a full investigation, the juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

(a) Is charged with:

(1) A sexual assault involving the use or threatened use of force or violence against the victim; or

(2) An offense or attempted offense involving the use or threatened use of a firearm; and

(b) Was [14] 16 years of age or older at the time the child allegedly committed the offense.

3. The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court specifically finds by clear and convincing evidence that:

(a) The child is developmentally or mentally incompetent to understand his situation and the proceedings of the court or to aid his attorney in those proceedings; or

(b) [The actions of the child were substantially the result of the substance abuse or emotional or behavioral problems of the child] The child has substance abuse or emotional or behavioral problems and the substance abuse or emotional or behavioral problems may be appropriately treated through the jurisdiction of the juvenile court.

4. If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

5. If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and the child’s case has been transferred out of the juvenile court:

(a) The court to which the case has been transferred has original jurisdiction over the child;

(b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances; and

(c) If the child’s case is transferred back to the juvenile court, the juvenile court shall determine whether the exceptional circumstances warrant accepting jurisdiction.

Sec. 2. (Deleted by amendment.)

Sec. 3. This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 240ê

CHAPTER 70, AB 462

Assembly Bill No. 462–Assemblymen Ohrenschall; and Segerblom

CHAPTER 70

AN ACT relating to criminal procedure; revising the provisions governing sureties; and providing other matters properly relating thereto.

[Approved: May 11, 2009]

Legislative Counsel’s Digest:

This bill provides that a corporate surety that is authorized to transact insurance in this State is a sufficient surety for all courts. (NRS 178.504)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 178.504 is hereby amended to read as follows:

178.504 1. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit:

(a) The property by which he proposes to justify and the encumbrances thereon;

(b) The number and amount of other bonds and undertakings for bail entered into by him and remaining undischarged; and

2. No bond shall be approved unless the surety thereon appears to be qualified.

3. A corporate surety that is authorized to transact insurance in this State pursuant to chapter 680A of NRS is a sufficient surety for all courts and shall be deemed to be qualified for purposes of this section.

Sec. 2. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 241ê

CHAPTER 71, SB 12

Senate Bill No. 12–Committee on Health and Education

CHAPTER 71

AN ACT relating to education; revising provisions governing allocations of money from the Account for Programs for Innovation and the Prevention of Remediation by the Commission on Educational Excellence; revising the duties of the Legislative Auditor in conducting the biennial audit of programs funded from the Account; and providing other matters properly relating thereto.

[Approved: May 12, 2009]

Legislative Counsel’s Digest:

Existing law authorizes the Commission on Educational Excellence to allocate grants of money from the Account for Programs for Innovation and the Prevention of Remediation to public schools and consortiums of public schools for certain innovative programs and programs designed to improve pupil achievement. (NRS 385.3781-385.379) Section 1 of this bill requires an applicant for an allocation of money from the Account to include a statement with the application indicating whether the application is for an existing program or for the establishment of a new program and identifying all other sources of money requested or received by the applicant for the same or a similar program.

Existing law requires the Department of Education to adopt programs of remedial study for certain subject areas. (NRS 385.389) Section 1 prohibits the Commission from awarding money for a program of remedial study that is available commercially if such a program has not been adopted by the Department.

Existing law requires the Legislative Auditor to conduct a biennial audit of the programs for which public schools and consortiums of public schools receive an allocation of money from the Account. (NRS 385.3789) Section 2 of this bill requires the audit to include a review of the amount of time it takes for an applicant to receive an allocation of money after the Commission makes the award, a determination of whether the money was used to implement the program for which the money was allocated and any recommendations for the most efficient and economical use of the grant money by public schools and consortiums of public schools.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.3785 is hereby amended to read as follows:

385.3785 1. The Commission shall:

(a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:

(1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;

(2) The plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;

(3) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation; and

(4) Any other information that the Commission considers relevant to the development of the program of educational excellence.

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ê2009 Statutes of Nevada, Page 242 (CHAPTER 71, SB 12)ê

(b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

(c) Develop a concise application and simple procedures for the submission of applications by public schools and consortiums of public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both. The Commission shall not award a grant of money from the Account for a program to provide full-day kindergarten. All public schools and consortiums of public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the schools have made adequate yearly progress or failed to make adequate yearly progress. A public school or a consortium of public schools selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.

(d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from public schools and consortiums of public schools that desire to participate in the program.

(e) Establish guidelines for the review, evaluation and approval of applications for grants of money from the Account, including, without limitation, consideration of the list of priorities of public schools provided by the Department pursuant to subsection [5.] 6. To ensure consistency in the review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.

(f) Prescribe accountability measures to be carried out by a public school that participates in the program if that public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:

(1) The specific levels of achievement expected of schools that participate; and

(2) Conditions for schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.

(g) Determine the amount of money that is available from the Account for those public schools and consortiums of public schools that are selected to participate in the program.

(h) Allocate money to public schools and consortiums of public schools from the Account. Allocations must be distributed not later than August 15 of each year.

(i) Establish criteria for public schools and consortiums of public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 243 (CHAPTER 71, SB 12)ê

(1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in the plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;

(2) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;

(3) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the school is meeting the measurable objectives identified in the plan; and

(4) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.

2. To the extent money is available, the Commission shall make allocations of money to public schools and consortiums of public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of [subsection 1.] this section.

3. An application submitted pursuant to this section must include a written statement which:

(a) Indicates whether the public school or consortium of public schools is submitting the application for the continuation of an existing program or for the establishment of a new program; and

(b) Identifies all other sources of money that the public school or consortium of public schools has requested or received for the continuation or establishment of:

(1) The program for which the application is submitted; or

(2) A substantially similar program.

4. The Commission shall ensure, to the extent practicable, that grants of money provided pursuant to this section reflect the economic and geographic diversity of this State.

[4.] 5. If a public school or consortium of public schools that receives money pursuant to subsection 1 or 2:

(a) Does not meet the criteria for effectiveness as prescribed in paragraph (i) of subsection 1;

(b) Does not, as a result of the program for which the grant of money was awarded, show improvement in the achievement of pupils, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379; or

(c) Does not implement the program for which the money was received, as determined in an audit conducted pursuant to subsection 4 of NRS 385.3789 or an evaluation conducted pursuant to subsection 3 of NRS 385.379,

Ê over a 2-year period, the Commission may consider not awarding future allocations of money to that public school or consortium of public schools.

[5.] 6. On or before July 1 of each year, the Department shall provide a list of priorities of public schools that indicates:

(a) The adequate yearly progress status of schools in the immediately preceding year; and

(b) The public schools that are considered Title I eligible by the Department based upon the poverty level of the pupils enrolled in a school in comparison to the poverty level of the pupils in the school district as a whole,

Ê for consideration by the Commission in its development of procedures for the applications.

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ê2009 Statutes of Nevada, Page 244 (CHAPTER 71, SB 12)ê

[6.] 7. A public school, including, without limitation, a charter school, or a consortium of public schools may request assistance from the school district in which the school is located in preparing an application for a grant of money pursuant to this section. A school district shall assist each public school or consortium of public schools that requests assistance pursuant to this subsection to ensure that the application of the school:

(a) Is based directly upon the plan to improve the achievement of pupils prepared for the school pursuant to NRS 385.357;

(b) Is developed in accordance with the criteria established by the Commission; and

Ê A school district may make recommendations to the individual schools and consortiums of public schools. Such schools and consortiums of public schools are not required to follow the recommendations of a school district.

[7.] 8. In carrying out the requirements of this section, the Commission shall review and consider the programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218.5354 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

[8.] The Commission shall not award a grant of money from the Account for a program of remedial study that is available commercially unless that program has been adopted by the Department pursuant to NRS 385.389.

9. If a consortium of public schools is formed for the purpose of submitting an application pursuant to this section, the public schools within the consortium do not need to be located within the same school district.

Sec. 2. NRS 385.3789 is hereby amended to read as follows:

385.3789 1. The Commission shall prepare an annual report that describes the distribution of money to the public schools and consortiums of public schools and the programs for which money was allocated from the Account, including, without limitation, the total amount of money allocated:

(a) To each consortium of public schools, with a designation of which public schools are included in each consortium;

(b) To each public school;

(d) For programs that provide services directly to pupils for remediation and innovation, including, without limitation, instruction, instructional materials and support materials;

(e) For programs that provide instructional support and have an indirect effect on pupils, including, without limitation, the provision of professional development for educational personnel and the employment of administrators; and

(f) For each program, including, without limitation:

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 245 (CHAPTER 71, SB 12)ê

(1) A description of the program, including, without limitation, whether the program is available commercially;

(2) Whether the Commission considers the program to be innovative;

(3) Whether the program includes the provision of professional development other than professional development that is related to carrying out a program that provides services directly to pupils;

(4) The costs to implement the program; and

(5) The full-time personnel necessary to implement the program, if any.

Ê The report must be submitted on or before September 1 of each year to the entities identified in subsection 3.

2. The Commission shall:

(a) Prepare an annual report that describes:

(1) The activities of the Commission;

(2) An analysis of the progress of the public schools in carrying out the plans to improve the achievement of pupils; and

(3) An analysis of the progress of the public schools and consortiums of public schools that received an allocation of money from the Account in improving the achievement of pupils.

(b) Submit the report on or before January 31 of each year to the entities identified in subsection 3.

3. The Commission shall submit the reports required by this section to the:

(a) State Board;

(b) Governor;

(d) Bureau;

(e) Interim Finance Committee; and

(f) Board of trustees of each school district.

4. The Legislative Auditor shall audit biennially the programs for which public schools and consortiums of public schools receive an allocation of money. The audit [may] :

(a) Must include:

(1) A review of the amount of time it takes for a public school or consortium of public schools to receive an allocation of money after the Commission makes the award;

(2) A determination of whether a public school or consortium of public schools that received an allocation of money used the money to implement the program for which the money was allocated; and

(3) Any recommendations for the most efficient and economical use of the money allocated by the Commission to public schools and consortiums of public schools.

(b) May include a representative sample of programs, based upon geographic location and type of program.

5. The Legislative Auditor shall report the results of each biennial audit conducted pursuant to subsection 4 to the entities prescribed in subsection 3.

Sec. 3. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 246ê

CHAPTER 72, SB 216

Senate Bill No. 216–Senator Schneider

CHAPTER 72

AN ACT relating to common-interest communities; providing that an association may not unreasonably restrict the addition of shutters that are attached to certain common elements or limited common elements in a common-interest community under certain circumstances; and providing other matters properly relating thereto.

[Approved: May 12, 2009]

Legislative Counsel’s Digest:

Existing law provides that a unit’s owner may not change the appearance of the common elements or the exterior appearance of a unit without permission of the association. (NRS 116.2111) However, an association may not unreasonably restrict, prohibit or withhold approval for a unit’s owner to add to a unit shutters to improve the security of the unit or to reduce the costs of energy for the unit. This bill provides that an association may not unreasonably restrict, prohibit or withhold such approval for a unit’s owner to add shutters that are attached to certain common elements or limited common elements under certain circumstances.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 116.2111 is hereby amended to read as follows:

116.2111 1. Except as otherwise provided in this section and subject to the provisions of the declaration and other provisions of law, a unit’s owner:

(a) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common-interest community;

(b) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the common-interest community, without permission of the association; and

(c) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common-interest community. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.

2. An association may not:

(a) Unreasonably restrict, prohibit or otherwise impede the lawful rights of a unit’s owner to have reasonable access to his unit.

(b) Unreasonably restrict, prohibit or withhold approval for a unit’s owner to add to a unit:

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ê2009 Statutes of Nevada, Page 247 (CHAPTER 72, SB 216)ê

(1) Improvements such as ramps, railings or elevators that are necessary to improve access to the unit for any occupant of the unit who has a disability;

(2) Additional locks to improve the security of the unit;

(3) Shutters to improve the security of the unit or to reduce the costs of energy for the unit; or

(4) A system that uses wind energy to reduce the costs of energy for the unit if the boundaries of the unit encompass 2 acres or more within the common-interest community.

(c) With regard to approving or disapproving any improvement or alteration made to a unit, act in violation of any state or federal law.

3. Any improvement or alteration made pursuant to subsection 2 that is visible from any other portion of the common-interest community must be installed, constructed or added in accordance with the procedures set forth in the governing documents of the association and must be selected or designed to the maximum extent practicable to be compatible with the style of the common-interest community.

4. An association may not unreasonably restrict, prohibit or withhold approval for a unit’s owner to add shutters to improve the security of the unit or to reduce the costs of energy for the unit, including, without limitation, rolling shutters, that are attached to a portion of an interior or exterior window, interior or exterior door or interior or exterior wall which is not part of his unit and which is a common element or limited common element if:

(a) The portion of the window, door or wall to which the shutters are attached is adjoining his unit; and

(b) The shutters must necessarily be attached to that portion of the window, door or wall during installation to achieve the maximum benefit in improving the security of the unit or reducing the costs of energy for the unit.

5. If a unit’s owner adds shutters pursuant to subsection 4, the unit’s owner is responsible for the maintenance of the shutters.

6. For the purposes of subsection 4, a covenant, restriction or condition which does not unreasonably restrict the addition of shutters and which is contained in the governing documents of a common-interest community or a policy established by a common-interest community is enforceable so long as the covenant, restriction or condition was:

(a) In existence on July 1, 2009; or

(b) Contained in the governing documents in effect on the close of escrow of the first sale of a unit in the common-interest community.

7. A unit’s owner may not add to the unit a system that uses wind energy as described in subparagraph 4 of paragraph (b) of subsection 2 unless he first obtains the written consent of each owner of property within 300 feet of any boundary of the unit.

Sec. 2. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 248ê

CHAPTER 73, SB 141

Senate Bill No. 141–Committee on Judiciary

CHAPTER 73

AN ACT relating to wills; enacting the Uniform International Wills Act; and providing other matters properly relating thereto.

[Approved: May 12, 2009]

Legislative Counsel’s Digest:

This bill enacts the Uniform International Wills Act, which was promulgated by the National Conference of Commissioners on Uniform State Laws in 1973 and was intended to provide testators with a way of making wills that would be valid as to form in all states adopting the uniform act and all countries joining the Washington Convention of 1973.

Sections 6, 7 and 8 of this bill provide the form and requirements for the valid execution of an international will. Section 7 provides that the will must be made in writing, signed by the testator and acknowledged by two witnesses and a person authorized to act in connection with international wills. Section 8 provides where signatures must be placed, how the will must be dated and that the testator can make a declaration concerning the safekeeping of his will.

Section 9 of this bill provides that a certificate must be attached to the will establishing that the requirements for executing an international will have been complied with, and sets forth the contents of that certificate. Section 10 of this bill provides that the certificate is conclusive of the formal validity of the will. The absence or irregularity of a certificate does not affect the formal validity of the will.

Section 11 of this bill provides that an international will is subject to the ordinary rules of revocation of wills.

Section 13 of this bill provides that attorneys admitted to practice in this State and in good standing are deemed to be authorized persons in relation to international wills.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 12 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 13, inclusive, of this act.

Sec. 2. This chapter may be cited as the Uniform International Wills Act.

Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec. 4. “Authorized person” and “person authorized to act in connection with international wills” mean a person who, by section 13 of this act or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.

Sec. 5. “International will” means a will executed in conformity with sections 6 to 9, inclusive, of this act.

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ê2009 Statutes of Nevada, Page 249 (CHAPTER 73, SB 141)ê

Sec. 6. 1. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter.

2. The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

3. This chapter does not apply to the form of testamentary dispositions made by two or more persons in one instrument.

Sec. 7. 1. The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means.

2. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.

3. In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.

4. When the testator is unable to sign, the absence of his signature does not affect the validity of the international will if the testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In these cases, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for him, if the authorized person makes note of this also on the will, but it is not required that any person sign the testator’s name for him.

5. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

Sec. 8. 1. The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.

2. The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.

3. The authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so, and at the express request of the testator, the place where he intends to have his will kept must be mentioned in the certificate provided for in section 9 of this act.

4. A will executed in compliance with section 7 of this act is not invalid merely because it does not comply with this section.

Sec. 9. The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of this chapter for valid execution of an international will have been complied with. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be in substantially the following form:

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ê2009 Statutes of Nevada, Page 250 (CHAPTER 73, SB 141)ê

CERTIFICATE

(Convention of October 26, 1973)

I, __________ (name, address and capacity), a person authorized to act in connection with international wills, certify that on __________ (date) at __________ (place), __________ (testator name, address, date and place of birth), in my presence and that of the witnesses:

(a) __________ (name, address, date and place of birth); and

(b) __________ (name, address, date and place of birth),

has declared that the attached document is his or her will and that he or she knows the contents thereof.

I furthermore certify that:

(a) In my presence and in that of the witnesses:

(1) The testator has signed the will or has acknowledged his or her signature previously affixed.

*(2) Following a declaration of the testator stating that he or she was unable to sign his or her will for the following reason, __________, I have mentioned this declaration on the will *and the signature has been affixed by __________ (name and address).

(b) The witnesses and I have signed the will.

*(c) Each page of the will has been signed by __________ and numbered.

(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above.

(e) The witnesses met the conditions requisite to act as such according to the law under which I am acting.

*(f) The testator has requested me to include the following statement concerning the safekeeping of his or her will:

__________

PLACE OF EXECUTION

DATE

SIGNATURE and, if necessary, SEAL

*To be completed if appropriate

Sec. 10. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this chapter.

Sec. 11. An international will is subject to the ordinary rules of revocation of wills.

Sec. 12. Sections 3 to 11, inclusive, of this act derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard must be given to its international origin and to the need for uniformity in its interpretation.

Sec. 13. Persons who have been admitted to practice law before the courts of this State and who are in good standing as active law practitioners in this State are hereby declared to be authorized persons in relation to international wills.

Sec. 14. NRS 133.080 is hereby amended to read as follows:

133.080 1. [If] Except as otherwise provided in sections 2 to 13, inclusive, of this act, if in writing and subscribed by the testator, a last will and testament executed outside this State in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this State.

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ê2009 Statutes of Nevada, Page 251 (CHAPTER 73, SB 141)ê

deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this State.

2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

3. As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.

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CHAPTER 74, SB 161

Senate Bill No. 161–Senator Wiener

Joint Sponsor: Assemblywoman Parnell

CHAPTER 74

AN ACT relating to education; changing the name of the Nevada Youth Legislative Issues Forum to the Nevada Youth Legislature; revising the appointment process and eligibility requirements for the members; and providing other matters properly relating thereto.

[Approved: May 12, 2009]

Legislative Counsel’s Digest:

Existing law establishes the Nevada Youth Legislative Issues Forum, consisting of 21 members who are enrolled in grades 9-12 in public schools or otherwise eligible for enrollment in public schools but enrolled in a homeschool or private school. (NRS 385.515, 385.525)

Section 2 of this bill: (1) changes the name of the Nevada Youth Legislative Issues Forum to the Nevada Youth Legislature; (2) changes the date for appointment of the members from June 30 to March 30; (3) changes the commencement date of members’ terms from July 1 to June 1; and (4) provides an alternative method for appointing a pupil to the Nevada Youth Legislature if a Senator does not make an appointment by March 30. (NRS 385.515)

Section 3 of this bill: (1) expands the eligibility requirements to authorize a pupil to apply not only to the Senator of the senatorial district in which the pupil resides, but also to the Senator of the senatorial district in which the pupil is enrolled in a public school or a private school or, if he is homeschooled, otherwise eligible to be enrolled in a public school; (2) authorizes only pupils who are enrolled in grades 10-12 in public schools or private schools or, if they are homeschooled, otherwise eligible for such enrollment in public schools to apply for appointment to the Nevada Youth Legislature; (3) prohibits a member from being appointed by a relative; and (4) clarifies that pupils who wish to be appointed or reappointed to the Nevada Youth Legislature may submit only one application to an appropriate appointing authority in a calendar year. (NRS 385.525)

Section 5 of this bill revises the eligibility requirements for the Chair of the Nevada Youth Legislature. (NRS 385.545) Section 6 of this bill: (1) authorizes, rather than requires, the Nevada Youth Legislature to teleconference or videoconference its public hearings; and (2) requires each member of the Nevada Youth Legislature to conduct at least one meeting during his term to afford the youth of this State an opportunity to discuss issues of importance to the youth in this State. (NRS 385.555) Section 7 of this bill revises the date by which the Nevada Youth Legislature must submit to the Legislative Counsel its request for the drafting of one legislative measure. (NRS 385.565) Section 10 of this bill extends by 2 years the date by which the money appropriated to the Nevada Youth Legislature during the 2007 Legislative Session will revert to the State General Fund.

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ê2009 Statutes of Nevada, Page 252 (CHAPTER 74, SB 161)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.505 is hereby amended to read as follows:

385.505 As used in NRS 385.505 to 385.575, inclusive, [“Forum”] “Youth Legislature” means the Nevada Youth [Legislative Issues Forum] Legislature created by NRS 385.515.

Sec. 2. NRS 385.515 is hereby amended to read as follows:

385.515 1. The Nevada Youth [Legislative Issues Forum] Legislature is hereby created, consisting of 21 members.

2. Each member of the Senate shall, taking into consideration any recommendations made by a member of the Assembly, appoint a person who submits an application and meets the qualifications for appointment set forth in NRS 385.525. A member of the Assembly may submit recommendations to a member of the Senate concerning the appointment.

3. After the initial terms:

(a) [Appointments] Except as otherwise provided in subsection 4, appointments to the [Forum] Youth Legislature must be made by each member of the Senate before [June] March 30 of each year.

(b) The term of each member of the [Forum] Youth Legislature begins [July] June 1 of the year of appointment.

4. If a member of the Senate does not make an appointment to the Youth Legislature by March 30 of a year, the members of the Assembly whose assembly districts are at least partially located within the senatorial district of that member of the Senate must collaborate to appoint a person who submits an application and meets the qualifications for appointment set forth in NRS 385.525.

5. Each member of the [Forum] Youth Legislature serves a term of 1 year and may be reappointed if the member continues to meet the qualifications for appointment set forth in NRS 385.525.

Sec. 3. NRS 385.525 is hereby amended to read as follows:

385.525 1. To be eligible for appointment to the [Forum,] Youth Legislature, a person : [must be a resident of the senatorial district of the Senator who appoints him and must be:]

(a) [Enrolled] Must be:

(1) A resident of the senatorial district of the Senator who appoints him;

(2) Enrolled in a public school or private school located in the senatorial district of the Senator who appoints him; or

(3) A homeschooled child who is otherwise eligible to be enrolled in a public school in the senatorial district of the Senator who appoints him;

(b) Must be enrolled in a public school or private school in this State in grade [9,] 10, 11 or 12 for the school year in which he serves [; or

(b) Exempt] or be [from compulsory attendance pursuant to NRS 392.070, but] a homeschooled child who is otherwise eligible to enroll in a public school in this State in grade [9,] 10, 11 or 12 for the school year in which he serves [.] ; and

(c) Must not be related by blood, adoption or marriage within the third degree of consanguinity or affinity to the Senator who appoints him or to any member of the Assembly who collaborated to appoint him.

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ê2009 Statutes of Nevada, Page 253 (CHAPTER 74, SB 161)ê

2. A person who [is eligible for appointment] wishes to be appointed or reappointed to the [Forum may] Youth Legislature must submit an application on the form prescribed pursuant to subsection 3 to the Senator of the senatorial district in which the person resides [for appointment or reappointment to the Forum.] , is enrolled in a public school or private school or, if he is a homeschooled child, the senatorial district in which he is otherwise eligible to be enrolled in a public school. A person may not submit an application to more than one Senator in a calendar year.

3. The Director of the Legislative Counsel Bureau shall prescribe a form for applications submitted pursuant to this section, which must require the signature of the principal of the school in which the applicant is enrolled or, if the applicant is [exempt from compulsory attendance pursuant to NRS 392.070,] a homeschooled child, the signature of a member of the community in which the applicant resides other than a relative of the applicant.

Sec. 4. NRS 385.535 is hereby amended to read as follows:

385.535 1. A position on the [Forum] Youth Legislature becomes vacant upon:

(a) The death or resignation of a member.

(b) The absence of a member for any reason from two [consecutive] meetings of the [Forum,] Youth Legislature, unless excused by the Chairman of the [Forum.] Youth Legislature.

(c) A change of residency or a change of the school of enrollment of a member which renders that member ineligible under his original appointment.

2. A vacancy on the [Forum] Youth Legislature must be filled for the remainder of the unexpired term in the same manner as the original appointment.

Sec. 5. NRS 385.545 is hereby amended to read as follows:

385.545 1. The [Forum] Youth Legislature shall elect from among its members, to serve a term of 1 year beginning on [July] June 1 of each year:

(a) A Chairman, who shall conduct the meetings and oversee the formation of committees as necessary to accomplish the business of the [Forum. The Chairman must be:

(1) Enrolled in a public school in this State in grade 9, 10 or 11 for the school year in which he serves; or

(2) Exempt from compulsory attendance pursuant to NRS 392.070, but otherwise eligible to enroll in a public school in this State in grade 9, 10 or 11 for the school year in which he serves.] Youth Legislature; and

(b) A Vice Chairman, who shall assist the Chairman and conduct the meetings of the [Forum] Youth Legislature if the Chairman is absent or otherwise unable to perform his duties.

2. The Director of the Legislative Counsel Bureau:

(a) Shall provide meeting rooms and teleconference and videoconference facilities for the [Forum.] Youth Legislature.

(b) Shall, in the event of a vacancy on the [Forum,] Youth Legislature, notify the appropriate appointing authority of such vacancy.

(c) May accept gifts, grants and donations from any source for the support of the [Forum] Youth Legislature in carrying out the provisions of NRS 385.505 to 385.575, inclusive.

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ê2009 Statutes of Nevada, Page 254 (CHAPTER 74, SB 161)ê

Sec. 6. NRS 385.555 is hereby amended to read as follows:

385.555 1. The [Forum] Youth Legislature shall:

(a) Hold at least two public hearings in this State each school year.

[(b) Simultaneously] The Youth Legislature may simultaneously teleconference or videoconference each public hearing to two or more prominent locations throughout this State.

[(c)] (b) Evaluate, review and comment upon issues of importance to the youth in this State, including, without limitation:

(1) Education;

(2) Employment opportunities;

(3) Participation of youth in state and local government;

(4) A safe learning environment;

(5) The prevention of substance abuse;

(6) Emotional and physical well-being;

(7) Foster care; and

(8) Access to state and local services.

[(d)] (c) Conduct a public awareness campaign to raise awareness about the [Forum] Youth Legislature and to enhance outreach to the youth in this State.

2. During his term, each member of the Youth Legislature shall conduct at least one meeting to afford the youth of this State an opportunity to discuss issues of importance to the youth in this State.

3. The [Forum] Youth Legislature may, within the limits of available money:

(a) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the [Forum] Youth Legislature and to advise the Legislature on proposed legislation relating to the youth in this State.

(b) Form committees, which may meet as often as necessary to assist with the business of the [Forum.] Youth Legislature.

(d) Employ a person to provide administrative support for the [Forum] Youth Legislature or pay the costs incurred by one or more volunteers to provide any required administrative support.

[3. The Forum]

4. Except as otherwise provided in this subsection, the Youth Legislature and its committees shall comply with the provisions of chapter 241 of NRS.

[4.] Any activities of the Youth Legislature which are conducted solely for purposes of training, including, without limitation, any orientation programs conducted for the Youth Legislature, are not subject to the provisions of chapter 241 of NRS.

5. On or before [June] May 30 of each year, the [Forum] Youth Legislature shall submit a written report to the Director of the Legislative Counsel Bureau and to the Governor describing the activities of the [Forum] Youth Legislature during the immediately preceding school year and any recommendations for legislation. The Director shall transmit the written report to the Legislative Committee on Education and to the next regular session of the Legislature.

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ê2009 Statutes of Nevada, Page 255 (CHAPTER 74, SB 161)ê

Sec. 7. NRS 385.565 is hereby amended to read as follows:

385.565 The [Forum] Youth Legislature may:

1. Request the drafting of not more than one legislative measure which relates to matters within the scope of the [Forum.] Youth Legislature. A request must be submitted to the Legislative Counsel on or before [July] December 1 preceding the commencement of a regular session of the Legislature unless the Legislative Commission authorizes submitting a request after that date.

2. Adopt procedures to conduct meetings of the [Forum] Youth Legislature and any committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the [Forum] Youth Legislature who are present and voting.

3. Advise the Director of the Legislative Counsel Bureau regarding the administration of any appropriations, gifts, grants or donations received for the support of the [Forum.] Youth Legislature.

Sec. 8. NRS 385.575 is hereby amended to read as follows:

385.575 The members of the [Forum] Youth Legislature serve without compensation. To the extent that money is available, including, without limitation, money from gifts, grants and donations, the members of the [Forum] Youth Legislature may receive the per diem allowance and travel expenses provided for state officers and employees generally for attending a meeting of the [Forum] Youth Legislature or a seminar conducted by the [Forum.] Youth Legislature.

Sec. 9. NRS 400.035 is hereby amended to read as follows:

400.035 1. The Council shall meet at least once each calendar quarter and as frequently as necessary to afford the general public, representatives of governmental agencies and representatives of organizations an opportunity to present information and recommendations relating to the coordination between elementary, secondary and postsecondary education, including, without limitation, the Nevada Youth [Legislative Issues Forum] Legislature created by NRS 385.515 and the Advisory Council on Parental Involvement established by NRS 385.610.

2. The Council shall comply with the provisions of chapter 241 of NRS.

3. For each day or portion of a day during which the members of the Council attend a meeting of the Council or are otherwise engaged in the business of the Council:

(a) The members who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207, payable from the Legislative Fund.

(b) The members who are appointed by the Majority Leader of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, payable from the Legislative Fund.

(c) The members who are appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, payable as other claims against the State are paid.

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ê2009 Statutes of Nevada, Page 256 (CHAPTER 74, SB 161)ê

4. The Office of the Governor shall provide:

(a) Administrative support;

(b) Equipment; and

Ê as is necessary for the Council to carry out its duties.

5. The Board of Regents of the University of Nevada and the Department shall provide technical assistance to the Council upon the request of the Chairman.

Sec. 10. Section 8 of chapter 345, Statutes of Nevada 2007, at page 1602, is hereby amended to read as follows:

Sec. 8. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act the sum of $35,000 to fund the Nevada Youth Legislative Issues Forum created by Senate Bill 247 of [this session.] the 2007 Legislative Session.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2009,] 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [18, 2009,] 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [18, 2009.] 16, 2011.

Sec. 11. 1. This section and section 10 of this act become effective upon passage and approval.

2. Sections 1 to 9, inclusive, of this act become effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 257ê

CHAPTER 75, SB 391

Senate Bill No. 391–Committee on Health and Education

CHAPTER 75

AN ACT relating to education; revising provisions relating to the enrollment of certain pupils in charter schools; and providing other matters properly relating thereto.

[Approved: May 12, 2009]

Legislative Counsel’s Digest:

Existing law authorizes a charter school which is dedicated to providing certain services to pupils who are at risk to enroll a child who is the sibling of a pupil enrolled in the charter school or who resides within 2 miles of the charter school if the charter school is located in an area with a high percentage of children who are at risk before the charter school enrolls other pupils who are eligible for enrollment. (NRS 386.580) Section 3 of this bill amends existing law to authorize such a charter school to enroll a child who is in a particular category of at-risk pupils if the child meets the eligibility for enrollment prescribed by the charter school for that particular category. Section 1 of this bill requires a charter school to include in its application to form a charter school a statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other eligible children and the method for determining eligibility for enrollment in each such category. (NRS 386.520)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 386.520 is hereby amended to read as follows:

386.520 1. A committee to form a charter school must consist of at least three teachers, as defined in subsection 4. In addition to the teachers who serve, the committee may consist of:

(a) Members of the general public;

(b) Representatives of nonprofit organizations and businesses; or

Ê A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this State at the time that the application to form the charter school is submitted to the Department.

2. Before a committee to form a charter school may submit an application to the board of trustees of a school district, the Subcommittee on Charter Schools, the State Board or a college or university within the Nevada System of Higher Education, it must submit the application to the Department. The application must include all information prescribed by the Department by regulation and:

(a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive.

(b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

(1) Improving the opportunities for pupils to learn;

(2) Encouraging the use of effective methods of teaching;

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ê2009 Statutes of Nevada, Page 258 (CHAPTER 75, SB 391)ê

(3) Providing an accurate measurement of the educational achievement of pupils;

(4) Establishing accountability of public schools;

(5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

(6) Creating new professional opportunities for teachers.

(d) The proposed dates of enrollment for the charter school.

(e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

(f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

(g) The proposed curriculum for the charter school and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

(h) The textbooks that will be used at the charter school.

(i) The qualifications of the persons who will provide instruction at the charter school.

(j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

(k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

(l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

(m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.

(n) The time by which certain academic or educational results will be achieved.

(o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

(p) A statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 386.580 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

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ê2009 Statutes of Nevada, Page 259 (CHAPTER 75, SB 391)ê

3. The Department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the Department shall deny the application. The Department shall provide written notice to the applicant of its approval or denial of the application. If the Department denies an application, the Department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

4. As used in subsection 1, “teacher” means a person who:

(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

(b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

Sec. 2. NRS 386.527 is hereby amended to read as follows:

386.527 1. If the State Board, the board of trustees of a school district or a college or university within the Nevada System of Higher Education approves an application to form a charter school, it shall grant a written charter to the applicant. The State Board, the board of trustees, the college or the university, as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the Department of the approval and the date of the approval. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

2. If the State Board approves the application:

(a) The State Board shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

3. If a college or university within the Nevada System of Higher Education approves the application:

(a) That institution shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

4. The governing body of a charter school may request, at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:

(a) An application process for a charter school that requests a change in the sponsorship of the charter school, which must not require the applicant to undergo the requirements of an initial application to form a charter school; and

(b) Objective criteria for the conditions under which such a request may be granted.

5. Except as otherwise provided in subsection 7, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in [paragraphs (a) to (o), inclusive, of] subsection 2 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate.

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ê2009 Statutes of Nevada, Page 260 (CHAPTER 75, SB 391)ê

NRS 388.020 for which the charter school is authorized to operate. If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

6. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and any other statute or regulation applicable to charter schools, the sponsor may amend the written charter in accordance with the proposed amendment. If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school. If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.

7. The State Board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

(a) Period for which such a written charter is valid; and

(b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

Ê A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

8. The holder of a written charter that is issued pursuant to subsection 7 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the State Board pursuant to subsection 7 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

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ê2009 Statutes of Nevada, Page 261 (CHAPTER 75, SB 391)ê

safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

(a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

(b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

Sec. 3. NRS 386.580 is hereby amended to read as follows:

386.580 1. An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. Except as otherwise provided in this subsection and subsection 2, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district. Except as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

2. Before a charter school enrolls pupils who are eligible for enrollment, a charter school that is dedicated to providing educational programs and opportunities to pupils who are at risk may enroll a child who:

(a) Is a sibling of a pupil who is currently enrolled in the charter school; [or]

(b) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category; or

(c) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

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ê2009 Statutes of Nevada, Page 262 (CHAPTER 75, SB 391)ê

Ê If more pupils described in this subsection who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

3. Except as otherwise provided in subsection 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(d) Ethnicity; or

(e) Disability,

Ê of a pupil.

4. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

5. Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or homeschool or participate in an extracurricular activity at the charter school if:

(a) Space for the child in the class or extracurricular activity is available;

(b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity; and

(c) The child is a homeschooled child and a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 392.705.

Ê If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

6. The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 5 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

7. The governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

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ê2009 Statutes of Nevada, Page 263 (CHAPTER 75, SB 391)ê

without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

8. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

Sec. 4. This act becomes effective on July 1, 2009.

________

CHAPTER 76, SB 14

Senate Bill No. 14–Senator Mathews

CHAPTER 76

AN ACT relating to marriage; increasing the portion of the fee for a marriage license that funds the Account for Aid for Victims of Domestic Violence; providing for the collection of additional fees relating to marriage licenses to fund the Account for Aid for Victims of Domestic Violence; and providing other matters properly relating thereto.

[Approved: May 13, 2009]

Legislative Counsel’s Digest:

Existing law requires a county clerk to collect certain fees when issuing a marriage license. (NRS 122.060) A portion of the fee a county clerk collects when issuing a marriage license is dedicated to the Account for Aid for Victims of Domestic Violence in the State General Fund. Section 1 of this bill increases the portion of the fee for a marriage license that funds the Account for Aid for Victims of Domestic Violence from $20 to $25.

Section 2 of this bill provide that the county clerk shall collect, if authorized by the board of county commissioners, an additional fee of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund when certifying a copy of a certificate of marriage or when certifying an abstract of a certificate of marriage. (NRS 246.180) Section 3 of this bill requires the county recorder to charge the same fee as required in section 2. (NRS 247.305)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 122.060 is hereby amended to read as follows:

122.060 1. The county clerk is entitled to receive as his fee for issuing [the] a marriage license the sum of $21.

2. The county clerk shall also at the time of issuing the marriage license:

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ê2009 Statutes of Nevada, Page 264 (CHAPTER 76, SB 14)ê

(a) Collect the sum of $10 and:

(1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, deposit the sum into the county general fund pursuant to NRS 246.180 for filing the originally signed copy of the certificate of marriage described in NRS 122.120.

(2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.

(b) Collect the additional fee described in subsection 2 of NRS 246.180, if the board of county commissioners has adopted an ordinance authorizing the collection of such fee, and deposit the fee pursuant to NRS 246.190.

3. The county clerk shall also at the time of issuing the marriage license collect the additional sum of $4 for the State of Nevada. The fees collected for the State must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees deposited by the county clerk to the State Controller for credit to the State General Fund.

4. The county clerk shall also at the time of issuing the marriage license collect the additional sum of [$20] $25 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the county clerk to the State Controller for credit to that Account.

Sec. 2. NRS 246.180 is hereby amended to read as follows:

246.180 1. If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the county clerk shall charge and collect the following fees:

(a) For filing any certificate of marriage, $10.

(b) For copying any certificate of marriage, $1 per page.

(d) For a certified abstract of a certificate of marriage, $10.

(e) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the State Controller for credit to that Account.

2. In addition to the fees described in subsection 1, a county clerk may charge and collect an additional fee not to exceed $3 for filing a certificate of marriage, if the board of county commissioners has adopted an ordinance authorizing the additional fee. The county clerk shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to NRS 246.190.

3. A county clerk shall charge and collect the fees specified in this section for copying a document specified in this section at the request of the State of Nevada or any city or town within the county.

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ê2009 Statutes of Nevada, Page 265 (CHAPTER 76, SB 14)ê

State of Nevada or any city or town within the county. For copying, and for his certificate and seal upon the copy, the county clerk shall charge the regular fee.

4. Except as otherwise provided in an ordinance adopted pursuant to NRS 244.207, county clerks shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees related to filing certificates of marriage collected during the preceding month.

5. For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

Sec. 3. NRS 247.305 is hereby amended to read as follows:

247.305 1. If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:

(a) For recording any document, for the first page , $10 .

(b) For each additional page , $1 .

(d) For copying any record, for each page , $1 .

(e) For certifying, including certificate and seal , $4 .

(f) For a certified copy of a certificate of marriage , $10 .

(g) For a certified abstract of a certificate of marriage , $10 .

(h) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

2. Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.

3. Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

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ê2009 Statutes of Nevada, Page 266 (CHAPTER 76, SB 14)ê

money received by him pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

4. Except as otherwise provided in this subsection, subsection 5 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

5. Except as otherwise provided in subsection 6, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

(a) The county in which his office is located.

(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

(1) Conveys to the State, or to that city or town, an interest in land;

(2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

(3) Imposes a lien in favor of the State or that city or town; or

(4) Is a notice of the pendency of an action by the State or that city or town.

6. A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

7. If the amount of money collected by a county recorder for a fee pursuant to this section:

(a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

(b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

8. Except as otherwise provided in subsection 2, 3 or 7 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

9. For the purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

Sec. 4. This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 267ê

CHAPTER 77, SB 240

Senate Bill No. 240–Senators Breeden, Copening, Hardy, Horsford, Lee; Coffin, McGinness, Schneider and Woodhouse

Joint Sponsors: Assemblymen Manendo, Munford and Segerblom

CHAPTER 77

AN ACT relating to highways; providing for the evaluation and establishment of the maximum speed on certain portions of State Route 159; and providing other matters properly relating thereto.

[Approved: May 13, 2009]

Legislative Counsel’s Digest:

This bill establishes the State Route 159 Safety Speed Zone to provide for the evaluation and establishment of the maximum speed on portions of State Route 159 that: (1) are within the Red Rock Canyon National Conservation Area; (2) abut or are immediately adjacent to the Red Rock Canyon National Conservation Area; or (3) have been designated as a Scenic Byway or State Scenic Byway.

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. Because of the unique character of the Red Rock Canyon National Conservation Area, restrictions on the maximum speed for vehicular traffic in and around the Red Rock Canyon National Conservation Area are necessary for:

(a) The protection of the natural environment in and around the Red Rock Canyon National Conservation Area; and

(b) The safety and protection of the residents and visitors who enjoy the scenic beauty and recreational opportunities in and around the Red Rock Canyon National Conservation Area.

2. The enactment of this act is not intended to encourage the imposition of similar restrictions on other designated highways in this State.

Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The State Route 159 Safety Speed Zone is hereby established.

2. Within the State Route 159 Safety Speed Zone, the Department of Transportation, in cooperation with other governmental entities whose jurisdiction includes this area, shall ensure that:

(a) The maximum speed that is allowed for vehicular traffic will be set by the Director of the Department of Transportation at a level which takes into consideration the safety and protection of the residents of and visitors to the Red Rock Canyon National Conservation Area. In setting that maximum speed, the Director of the Department of Transportation shall consider, without limitation, the following factors:

(1) Activity of bicycles and pedestrians in the area.

(2) Protection of the natural environment.

(3) History of accidents and crashes in the area.

(4) Recreational activities conducted in the area.

(5) The evaluation and use of measures of traffic calming which will support the maximum speed that is set.

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ê2009 Statutes of Nevada, Page 268 (CHAPTER 77, SB 240)ê

(6) The ability of law enforcement agencies to enforce effectively the maximum speed that is set.

(b) Adequate signage or other forms of notice are evaluated and installed to support and enhance the maximum speed that is set by the Director of the Department of Transportation, as described in paragraph (a).

3. The State Route 159 Safety Speed Zone consists of:

(a) Any portion of State Route 159 that is within the Red Rock Canyon National Conservation Area;

(b) Any portion of State Route 159 that abuts or is immediately adjacent to the Red Rock Canyon National Conservation Area; and

4. As used in this section:

(a) “Scenic Byway” and “State Scenic Byway” have the meanings ascribed to them in the National Scenic Byways Program, as issued by the Federal Highway Administration in 60 Federal Register 26,759 on May 18, 1995.

(b) “Traffic calming” means a combination of measures and techniques intended to:

(1) Reduce vehicular speeds;

(2) Promote safe and pleasant conditions for motorists, bicyclists, pedestrians and residents;

(3) Improve the environment and usability of roadways;

(4) Improve real and perceived safety for nonmotorized traffic; or

(5) Any combination of subparagraphs (1) to (4), inclusive.

Sec. 3. 1. On or before February 1, 2011, the Director of the Department of Transportation shall submit a report on the effectiveness of the State Route 159 Safety Speed Zone and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature.

2. As used in this section, “State Route 159 Safety Speed Zone” means the zone established pursuant to section 2 of this act.

Sec. 4. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 269ê

CHAPTER 78, SB 23

Senate Bill No. 23–Committee on Health and Education

CHAPTER 78

AN ACT relating to the Department of Health and Human Services; transferring from the Governor to the Director of the Department the authority to appoint the Administrator of the Division of Mental Health and Developmental Services; providing greater flexibility in the appointment of administrative personnel; repealing certain provisions relating to the designation of deputy administrative officers; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Existing law requires that the Governor appoint the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services from a list of persons nominated by the Commission on Mental Health and Developmental Services. (NRS 232.320, 433.244) Section 1 of this bill transfers the authority to appoint the Administrator from the Governor to the Director of the Department. Section 2 of this bill eliminates the requirement that the Administrator be appointed from a list of persons nominated by the Commission. Section 2 also removes a provision authorizing the Department of Personnel to prescribe qualifications for the job of Administrator. (NRS 433.244) Section 3 of this bill provides for the Administrator to serve at the pleasure of the Director instead of the Governor. (NRS 433.254) Sections 3 and 4 of this bill also provide, respectively, greater flexibility in the appointment of administrative personnel to the Administrators of the Division of Mental Health and Developmental Services and the Division of Child and Family Services of the Department. (NRS 433.254, 433B.130)

Section 5 of this bill repeals certain provisions authorizing the appointment of deputy administrative officers within certain divisions of the Department. (NRS 433.274, 433B.180)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 232.320 is hereby amended to read as follows:

232.320 1. [Except as otherwise provided in subsection 3, the] 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 Services Division;

(2) The Administrator of the Health Division;

(3) The Administrator of the Division of Welfare and Supportive Services;

(4) The Administrator of the Division of Child and Family Services; [and]

(5) The Administrator of the Division of Health Care Financing and Policy [.] ; and

(6) The Administrator of the Division of Mental Health and Developmental Services.

(b) Shall administer, through the divisions of the Department and the Office of Disability Services, the provisions of chapters 63, 424, 425, 426A, 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, 422.580, 426.205 to 426.345, inclusive, 432.010 to 432.133, inclusive, 444.003 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 and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.

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ê2009 Statutes of Nevada, Page 270 (CHAPTER 78, SB 23)ê

NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 426.205 to 426.345, inclusive, 432.010 to 432.133, inclusive, 444.003 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 and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.

(c) 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.

(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

(e) Has such other powers and duties as are provided by law.

2. Notwithstanding any other provision of law, the Director, or his designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than:

(a) [The Administrator of the Division of Mental Health and Developmental Services who is appointed pursuant to subsection 3;

(b)] The Executive Director of the Nevada Indian Commission who is appointed pursuant to NRS 233A.055; and

[(c)] (b) The State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

[3. The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.]

Sec. 2. NRS 433.244 is hereby amended to read as follows:

433.244 1. The Administrator must [:

(a) Have training] have:

(a) Training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration [.

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ê2009 Statutes of Nevada, Page 271 (CHAPTER 78, SB 23)ê

(b) Be appointed, from a list of three persons nominated by the Commission, on the basis of merit as measured by administrative] ; and

(b) Administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of persons with mental illness or mental retardation and persons with related conditions.

[(c) Have additional qualifications which are in accordance with criteria prescribed by the Department of Personnel.]

2. The Administrator is in the unclassified service of the State.

Sec. 3. NRS 433.254 is hereby amended to read as follows:

433.254 1. The Administrator serves at the pleasure of the [Governor] Director of the Department and shall:

(a) Serve as the Executive Officer of the Division;

(b) Administer the Division in accordance with the policies established by the Commission;

(c) Make an annual report to the Director of the Department on the condition and operation of the Division, and such other reports as the Director may prescribe; and

(d) Employ, within the limits of available money, the assistants and employees necessary to the efficient operation of the Division.

2. The Administrator [shall appoint] may:

(a) Appoint the administrative personnel necessary to operate the programs of the Division . [, including an Associate Administrator for Mental Retardation. The Commission must approve the credentials, training and experience of deputy administrators and heads of enumerated institutions. He shall delegate]

(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of the facilities of the Division.

3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the [Governor.] Director of the Department.

4. The Administrator may accept persons referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

Sec. 4. NRS 433B.130 is hereby amended to read as follows:

433B.130 1. The Administrator shall [:

(a) Administer,] administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

[(b) Appoint]

2. The Administrator may:

(a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children. [The Commission must approve the credentials, training and experience of deputy administrators and administrative officers appointed for this purpose.

(c)]

(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

[2.] 3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the [Governor.

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ê2009 Statutes of Nevada, Page 272 (CHAPTER 78, SB 23)ê

such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the [Governor.

3.] Director of the Department.

4. The Administrator may accept children referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

[4.] 5. The Administrator may enter into agreements with the Administrator of the Division of Mental Health and Developmental Services of the Department for the care and treatment of clients of the Division of Child and Family Services at any facility operated by the Division of Mental Health and Developmental Services.

Sec. 5. NRS 433.274 and 433B.180 are hereby repealed.

________

CHAPTER 79, SB 83

Senate Bill No. 83–Committee on Judiciary

CHAPTER 79

AN ACT relating to gaming; revising the provisions concerning the establishment of branch offices of the State Gaming Control Board; revising the provisions relating to the confidentiality of certain information and data provided to or prepared by the Board and the Nevada Gaming Commission; authorizing the Board and Commission to require certain persons to be found suitable or licensed; making changes relating to the registration of gaming employees; making changes concerning disseminators of live broadcasts of racing; making various other changes relating to the regulation of gaming; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Section 1 of this bill adds a new definition of the term “manufacture,” and sections 3-5 of this bill revise the definitions of the terms “gaming device,” “gaming employee” and “manufacturer” for the purposes of the statutory provisions governing the licensing and control of gaming. (NRS 463.0155, 463.0157, 463.0172)

Existing law authorizes the State Gaming Control Board to maintain branch offices in space provided by the Buildings and Grounds Division of the Department of Administration. Section 6 of this bill removes the requirement regarding the Division and instead authorizes the Chairman of the Board to enter into leases or other agreements necessary to establish branch offices of the Board. (NRS 463.100) Section 7 of this bill revises the provisions relating to the confidentiality of certain information and data provided to or prepared by the Board and the Nevada Gaming Commission. (NRS 463.120) Section 8 of this bill deletes certain obsolete language relating to the reporting and keeping of records by casinos concerning transactions involving cash. (NRS 463.125)

Section 9 of this bill authorizes the Board and Commission to require a person to be found suitable or licensed if the person: (1) operates a call center within this State as an agent of a licensed race book or sports pool; or (2) has invented, has developed or owns the intellectual property rights to a game for which approval by the Commission is being sought or has been received. (NRS 463.162) Section 10 of this bill requires any person granted a license or found suitable by the Commission to continue to meet the applicable standards and qualifications originally needed for the license or finding of suitability.

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ê2009 Statutes of Nevada, Page 273 (CHAPTER 79, SB 83)ê

of suitability. (NRS 463.170) Section 11 of this bill: (1) provides that a registered gaming employee must file a change of employment notice within 10 calendar days with the Board; and (2) authorizes the Board to charge a fee to process a change of employment notice, limited to the actual investigative and administrative costs related to processing the change of employment notice. (NRS 463.335) Section 12 of this bill changes the time within which an agent of the Board must mail written notice concerning a dispute between a patron and licensee from 30 days to 45 days after the date the Board first receives notification concerning the dispute. (NRS 463.362)

Sections 13-16 and 20 of this bill: (1) revise the process for notification to disseminators of live broadcasts of racing concerning certain proposals to broadcast racing meets; (2) delete references to the Account for the Operation of Hearing Panels; (3) authorize the Board to establish fees to be paid by a disseminator of a live broadcast, instead of a user; and (4) eliminate the requirement that the Commission is required to fix, regulate and control the rates to be charged by any disseminator of information concerning racing held at a track which uses the pari-mutuel system of wagering. (NRS 463.422, 463.423, 463.426, 463.445)

Section 17 of this bill provides that to the extent practicable, the provisions of the Nevada Gaming Control Act that apply to a limited partnership shall be deemed to apply to a registered limited-liability partnership or a foreign registered limited-liability partnership. (NRS 463.563)

Section 18.5 of this bill authorizes the Commission to provide by regulation for: (1) the filing by manufacturers of reports and information governing independent contractors; (2) the registration of independent contractors; (3) procedures pursuant to which an independent contractor may be required to file an application for a finding of suitability; and (4) such other regulatory oversight of independent contractors as the Commission determines necessary and appropriate. (NRS 463.650) Section 19 of this bill provides that: (1) no interest subject to the Nevada Gaming Control Act may be transferred to any heir or devisee from probate until the heir or devisee applies for and obtains all approvals necessary to hold or own such an interest from the Commission; and (2) if the heir or devisee fails to obtain all such necessary approvals, the entity in which the interest exists must purchase the interest for cash at fair market value based upon two appraisals.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 463 of NRS is hereby amended by adding thereto

a new section to read as follows:

1. “Manufacture” means:

(a) To manufacture, produce, program, design, control the design of, maintain a copyright over or make modifications to a gaming device, cashless wagering system, mobile gaming system or interactive gaming system;

(b) To direct, control or assume responsibility for the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system; or

(c) To assemble, or control the assembly of, a gaming device, cashless wagering system, mobile gaming system or interactive gaming system.

2. As used in this section, “assume responsibility” means to acquire complete control over, or ownership of, the applicable gaming device, cashless wagering system, mobile gaming system or interactive gaming system.

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ê2009 Statutes of Nevada, Page 274 (CHAPTER 79, SB 83)ê

Sec. 2. NRS 463.013 is hereby amended to read as follows:

463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.01967, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

Sec. 3. NRS 463.0155 is hereby amended to read as follows:

463.0155 “Gaming device” means any [equipment or mechanical, electromechanical or electronic contrivance, component or machine] object used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss [.] and which does not otherwise constitute associated equipment. The term includes [:] , without limitation:

1. A slot machine.

2. A collection of two or more of the following components:

(a) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine;

(b) A cabinet with electrical wiring and provisions for mounting a coin, token or currency acceptor and provisions for mounting a dispenser of coins, tokens or anything of value;

(c) A storage medium containing [the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than in a slot machine;

(d) An assembled video display unit;

(e)] a control program;

(d) An assembled mechanical or electromechanical display unit intended for use in gambling; or

[(f)] (e) An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine.

3. Any [mechanical, electrical or other device] object which may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game.

4. A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.

5. A control program.

6. Any combination of one of the components set forth in paragraphs (a) to [(f),] (e), inclusive, of subsection 2 and any other component which the Commission determines by regulation to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss.

7. Any object that has been determined to be a gaming device pursuant to regulations adopted by the Commission.

Ê As used in this section, “control program” means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.

Sec. 4. NRS 463.0157 is hereby amended to read as follows:

463.0157 1. “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

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(a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

(b) Boxmen;

(d) Change personnel;

(e) Counting room personnel;

(f) Dealers;

(g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

(h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing [;] and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

(i) Employees whose duties are directly involved with the manufacture, repair , sale or distribution of gaming devices, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems, interactive gaming systems or equipment associated with interactive gaming;

(j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

(k) Employees of operators of inter-casino linked systems, mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

(l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

(m) Employees [whose responsibilities include performing the duties relating to the process of registration] who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

[(m)] (n) Floormen;

[(n)] (o) Hosts or other persons empowered to extend credit or complimentary services;

[(o)] (p) Keno runners;

[(p)] (q) Keno writers;

[(q)] (r) Machine mechanics;

[(r)] (s) Odds makers and line setters;

[(s)] (t) Security personnel;

[(t)] (u) Shift or pit bosses;

[(u)] (v) Shills;

[(v)] (w) Supervisors or managers;

[(w)] (x) Ticket writers; [and

(x)] (y) Employees of a person required by NRS 463.160 to be licensed to operate an information service [.] ; and

(z) Temporary or contract employees hired by a licensee to perform a function related to gaming.

2. “Gaming employee” does not include barbacks, bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

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Sec. 5. NRS 463.0172 is hereby amended to read as follows:

463.0172 “Manufacturer” means a person who [:

1. Manufactures, assembles, programs or makes modifications to a gaming device, cashless wagering system, mobile gaming system or interactive gaming system; or

2. Designs, assumes responsibility for the design of, controls the design or assembly of, or maintains a copyright over the design of, a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in this State or for distribution outside of this State.] operates, carries on, conducts or maintains any form of manufacture.

Sec. 6. NRS 463.100 is hereby amended to read as follows:

463.100 1. The Board shall keep its main office at Carson City, Nevada, in conjunction with the Commission in rooms provided by the Buildings and Grounds Division of the Department of Administration.

2. The Board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this [state, in space to be provided by the Buildings and Grounds Division.] State as the Chairman of the Board deems necessary for the efficient operation of the Board. The Chairman of the Board may enter into such leases or other agreements as may be necessary to establish a branch office.

Sec. 7. NRS 463.120 is hereby amended to read as follows:

463.120 1. The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission. These records are open to public inspection.

2. The Board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

3. The Board and the Commission may maintain such other files and records as they may deem desirable.

4. Except as otherwise provided in this [subsection and subsection 5,] section, all information and data:

(a) Required by the Board or Commission to be furnished to it under [this chapter] chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

(b) Pertaining to an applicant’s or natural person’s criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;

(c) Provided to the members, agents or employees of the Board or Commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;

(d) Obtained by the Board from a manufacturer, distributor or operator, or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices or the operation of an inter-casino linked system; or

(e) Prepared or obtained by an agent or employee of the Board or Commission [relating to an application for a license, a finding of suitability or any approval that is required] pursuant to [the provisions of this chapter,] an audit, investigation, determination or hearing,

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ê2009 Statutes of Nevada, Page 277 (CHAPTER 79, SB 83)ê

Ê are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission.

5. Notwithstanding any other provision of state law, any and all information and data prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of chapters 462 to 466, inclusive, or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.

6. Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

[6.] 7. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission.

[7.] 8. The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.

[8.] 9. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.

[9.] 10. The Nevada Gaming Commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The Commission shall establish a master file containing the information removed from its official records by this section.

Sec. 8. NRS 463.125 is hereby amended to read as follows:

463.125 1. The Commission may [, for the purpose of obtaining an exemption from the requirements of the Department of Treasury on reporting and keeping of records by casinos,] require nonrestricted licensees with an annual gross revenue of $1,000,000 or more to report and keep records of all transactions involving cash.

2. A gaming licensee, or a director, officer, employee, affiliate or agent of the gaming licensee, who makes a disclosure to the Commission, the Board or any other law enforcement agency of a possible violation or circumvention of law or regulation regarding a transaction involving cash has absolute immunity from civil liability for that disclosure or for the failure to notify a person involved in the transaction or any other person of that disclosure.

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has absolute immunity from civil liability for that disclosure or for the failure to notify a person involved in the transaction or any other person of that disclosure.

3. The absolute privilege set forth in NRS 463.3407 also applies to the copy of a report of a suspicious transaction filed with the Board as required by regulations adopted pursuant to subsection 1.

Sec. 9. NRS 463.162 is hereby amended to read as follows:

463.162 1. Except as otherwise provided in subsections 2 and 3, it is unlawful for any person to:

(a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license.

(b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.

(c) Furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person receives payments based on earnings or profits from any gambling game, including any slot machine, without having first procured a state gaming license.

2. The provisions of subsection 1 do not apply to any person:

(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.

(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.

(1) A corporation, limited partnership or limited-liability company holding a state gaming license; or

(2) A holding company or intermediary company, or publicly traded corporation, that has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it.

(d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game , including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.

(e) Who is found suitable by the Commission to act as an independent agent.

Ê Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index, expansions or improvement of facilities, or changes in services supplied. Receipts of rentals or charges based on percentage between a corporate licensee or a licensee who is a limited partnership or limited-liability company and the entities enumerated in paragraph (c) are permitted under this subsection.

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ê2009 Statutes of Nevada, Page 279 (CHAPTER 79, SB 83)ê

3. The Commission may, upon the issuance of its approval or a finding of suitability, exempt a holding company from the licensing requirements of subsection 1.

4. The Board may require any person exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to provide such information as it may require to perform its investigative duties.

5. The Board and the Commission may require a finding of suitability or the licensing of any person who:

(a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether he leases the property directly to the licensee or through an intermediary.

(b) Repairs, rebuilds or modifies any gaming device.

(d) Operates a call center within this State as an agent of a licensed race book or sports pool in this State in accordance with the regulations adopted by the Commission.

(e) Has invented, has developed or owns the intellectual property rights to a game for which approval by the Commission is being sought or has been received in accordance with the regulations adopted by the Commission.

6. If the Commission finds a person described in subsection 5 unsuitable, a licensee shall not enter into any contract or agreement with that person without the prior approval of the Commission. Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the Commission. Any agreement between a licensee and a person described in subsection 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the Board within 30 days after demand, the Commission may pursue any remedy or combination of remedies provided in this chapter.

Sec. 10. NRS 463.170 is hereby amended to read as follows:

463.170 1. Any person who the Commission determines is qualified to receive a license, to be found suitable or to receive any approval required under the provisions of this chapter, or to be found suitable regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this State, may be issued a state gaming license, be found suitable or receive any approval required by this chapter, as appropriate. The burden of proving his qualification to receive any license, be found suitable or receive any approval required by this chapter is on the applicant.

2. An application to receive a license or be found suitable must not be granted unless the Commission is satisfied that the applicant is:

(a) A person of good character, honesty and integrity;

(b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this State or to the effective regulation and control of gaming or charitable lotteries, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and

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ê2009 Statutes of Nevada, Page 280 (CHAPTER 79, SB 83)ê

methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and

3. A license to operate a gaming establishment or an inter-casino linked system must not be granted unless the applicant has satisfied the Commission that:

(a) The applicant has adequate business probity, competence and experience, in gaming or generally; and

(b) The proposed financing of the entire operation is:

(1) Adequate for the nature of the proposed operation; and

(2) From a suitable source.

Ê Any lender or other source of money or credit which the Commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.

4. An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the Board or Commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

5. The Commission may in its discretion grant a license to:

(a) A publicly traded corporation which has complied with the provisions of NRS 463.625 to 463.643, inclusive;

(b) Any other corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive;

(d) A limited-liability company which has complied with the provisions of NRS 463.5731 to 463.5737, inclusive.

6. No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the Commission, or a limited-liability company, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.

7. The Commission may, by regulation:

(a) Limit the number of persons who may be financially interested and the nature of their interest in any corporation, other than a publicly traded corporation, limited partnership, limited-liability company or other organization or association licensed under this chapter; and

(b) Establish such other qualifications for licenses as it may, in its discretion, deem to be in the public interest and consistent with the declared policy of the State.

8. Any person granted a license or found suitable by the Commission shall continue to meet the applicable standards and qualifications set forth in this section and any other qualifications established by the Commission by regulation.

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ê2009 Statutes of Nevada, Page 281 (CHAPTER 79, SB 83)ê

in this section and any other qualifications established by the Commission by regulation. The failure to continue to meet such standards and qualifications constitutes grounds for disciplinary action.

Sec. 11. NRS 463.335 is hereby amended to read as follows:

463.335 1. The Legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the Board:

(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and

(b) Maintain confidential records of such information.

2. A person may not be employed as a gaming employee unless he is temporarily registered or registered as a gaming employee pursuant to this section. An applicant for registration or renewal of registration as a gaming employee must file an application for registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not been objected to by the Board, or has not been suspended or revoked becomes employed as a gaming employee at another or additional gaming establishment, he must file a change of employment notice within 10 calendar days with the Board. The application for registration and change of employment notice must be filed through the licensee for whom the applicant will commence or continue working as a gaming employee, unless otherwise filed with the Board as prescribed by regulation of the Commission.

3. The Board shall prescribe the forms for the application for registration as a gaming employee and the change of employment notice.

4. A complete application for registration or renewal of registration as a gaming employee or a change of employment notice received by a licensee must be mailed or delivered to the Board within 5 business days after receipt unless the date is administratively extended by the Chairman of the Board for good cause. A licensee is not responsible for the accuracy or completeness of any application for registration or renewal of registration as a gaming employee or any change of employment notice.

5. The Board shall immediately conduct an investigation of each person who files an application for registration or renewal of registration as a gaming employee to determine whether he is eligible for registration as a gaming employee. In conducting the investigation, two complete sets of the applicant’s fingerprints must be submitted to the Central Repository for Nevada Records of Criminal History for:

(a) A report concerning the criminal history of the applicant; and

(b) Submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.

Ê The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant. The fee for processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to process the fingerprints of an applicant pursuant to this subsection.

6. Upon receipt of a change of employment notice, the Board may conduct any investigations of the gaming employee that the Board deems appropriate to determine whether the gaming employee may remain registered as a gaming employee.

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ê2009 Statutes of Nevada, Page 282 (CHAPTER 79, SB 83)ê

appropriate to determine whether the gaming employee may remain registered as a gaming employee. The fee charged by the Board to process a change of employment notice may cover only the actual investigative and administrative costs related to processing the change of employment notice. The filing of a change of employment notice constitutes an application for registration as a gaming employee, and if the Board, after conducting its investigation, suspends or objects to the continued registration of the gaming employee, the provisions of subsections 10 to 16, inclusive, apply to such suspension by or objection of the Board. [No fee may be charged by the Board to cover the actual investigative and administrative costs related to processing a change of employment notice.]

7. Except as otherwise prescribed by regulation of the Commission, an applicant for registration or renewal of registration as a gaming employee is deemed temporarily registered as a gaming employee as of the date a complete application for registration or renewal of registration is submitted to the licensee for which he will commence or continue working as a gaming employee. Unless objected to by the Board or suspended or revoked, the initial registration of an applicant as a gaming employee expires 5 years after the date employment commences with the applicable licensee. Any subsequent renewal of registration as a gaming employee, unless objected to by the Board or suspended or revoked, expires 5 years after the expiration date of the most recent registration or renewal of registration of the gaming employee.

8. If, within 120 days after receipt by the Board of a complete application for registration or renewal of registration as a gaming employee, including classifiable fingerprints, or a change of employment notice, the Board has not notified the applicable licensee of any suspension or objection, the applicant shall be deemed to be registered as a gaming employee. A complete application for registration or renewal of registration as a gaming employee is composed of:

(a) The fully completed form for application for registration as a gaming employee prescribed in subsection 3;

(b) Two complete sets of the fingerprints of the applicant, unless directly forwarded electronically or by another means to the Central Repository for Nevada Records of Criminal History;

(c) The fee for processing the application for registration or renewal of registration as a gaming employee prescribed by the Board pursuant to subsection 5, unless otherwise prescribed by regulation of the Commission; and

(d) A completed statement as prescribed in subsections 1 and 2 of NRS 463.3351.

Ê If the Board determines after receiving an application for registration or renewal of registration as a gaming employee that the application is incomplete, the Board may suspend the temporary registration as a gaming employee of the applicant who filed the incomplete application. An applicant whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as he files a complete application.

9. A person who is temporarily registered or registered as a gaming employee is eligible for employment in any licensed gaming establishment in this State until such registration is objected to by the Board, expires or is suspended or revoked. The Commission shall adopt regulations to:

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ê2009 Statutes of Nevada, Page 283 (CHAPTER 79, SB 83)ê

(a) Establish uniform procedures for the registration of gaming employees;

(b) Establish uniform criteria for objection by the Board of an application for registration; and

(c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who is registered as a gaming employee and each person whose registration as a gaming employee has expired, was objected to by the Board, or was suspended or revoked. The system of records must be accessible by:

(1) Licensees for the limited purpose of complying with subsection 2; and

(2) The Central Repository for Nevada Records of Criminal History for the limited purpose of complying with NRS 179D.570.

10. If the Board, within the 120-day period prescribed in subsection 8, notifies:

(a) The applicable licensee; and

(b) The applicant,

Ê that the Board suspends or objects to the temporary registration of an applicant as a gaming employee, the licensee shall immediately terminate the applicant from employment or reassign him to a position that does not require registration as a gaming employee. The notice of suspension or objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its suspension or objection.

11. Any person whose application for registration or renewal of registration as a gaming employee has been suspended or objected to by the Board may, not later than 60 days after receiving notice of the suspension or objection, apply to the Board for a hearing. A failure of a person whose application has been objected to or suspended to apply for a hearing within 60 days or his failure to appear at a hearing of the Board conducted pursuant to this section shall be deemed to be an admission that the suspension or objection is well-founded, and the failure precludes administrative or judicial review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence [,] and shall, within 45 days after the date of the hearing, mail to the applicant its decision sustaining or reversing the suspension or the objection to the registration of the applicant as a gaming employee.

12. The Board may suspend or object to the registration of an applicant as a gaming employee for any cause deemed reasonable by the Board. The Board may object to or suspend the registration if the applicant has:

(a) Failed to disclose or misstated information or otherwise attempted to mislead the Board with respect to any material fact contained in the application for registration as a gaming employee;

(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment;

(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this State concerning gaming;

(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this State or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this State and which relates to the applicant’s suitability or qualifications to work as a gaming employee;

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jurisdiction which would be a felony or gross misdemeanor if committed in this State and which relates to the applicant’s suitability or qualifications to work as a gaming employee;

(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

(g) Had registration as a gaming employee revoked or committed any act which is a ground for the revocation of registration as a gaming employee or would have been a ground for revoking registration as a gaming employee if the applicant had then been registered as a gaming employee.

Ê If the Board registers or does not suspend or object to the registration of an applicant as a gaming employee, it may specially limit the period for which the registration is valid, limit the job classifications for which the registered gaming employee may be employed and establish such individual conditions for the renewal and effectiveness of the registration as the Board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances. If a gaming employee fails to comply with any limitation or condition placed on the effectiveness of his registration as a gaming employee, notwithstanding any other provision of this section, the Board may object to his registration. If the Board objects to his registration, the provisions regarding the continued effectiveness of the registration and the review of the objection set forth in subsections 10 to 16, inclusive, apply, including, without limitation, the requirement to notify the applicable licensee about the objection.

13. Any applicant aggrieved by the decision of the Board may, within 15 days after the announcement of the decision, apply in writing to the Commission for review of the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Board’s decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

14. The Chairman of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning the registration or renewal of registration of gaming employees:

(a) Conducting a hearing and taking testimony;

(b) Reviewing the testimony and evidence presented at the hearing;

(c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the suspension of or the objection to the registration of an applicant as a gaming employee; and

(d) Notifying the applicant of the decision.

15. Notice by the Board as provided pursuant to subsections 1 to 14, inclusive, is sufficient if it is mailed to the applicant’s last known address as indicated on the application for registration as a gaming employee or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

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ê2009 Statutes of Nevada, Page 285 (CHAPTER 79, SB 83)ê

16. Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section, all lists of persons registered as gaming employees, all lists of persons suspended or objected to by the Board and all records of the names or identity of persons engaged in the gaming industry in this State are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.400 for information relating to a specific person who has applied for registration as a gaming employee or is registered as a gaming employee, the Board shall disclose to the Division his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.

17. If the Central Repository for Nevada Records of Criminal History, in accordance with the provisions of NRS 179D.570, provides the Board with the name and other identifying information of a registered gaming employee who is not in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person that, unless he provides the Board with verifiable documentation confirming that he is currently in compliance with the provisions of chapter 179D of NRS within 15 days after receipt of such notice, the Board shall, notwithstanding any other provisions of this section, conduct a hearing for the purpose of determining whether the registration of the person as a gaming employee must be suspended for noncompliance with the provisions of chapter 179D of NRS.

18. Notwithstanding any other provisions of this section, if a person notified by the Board pursuant to subsection 17 does not provide the Board, within the 15 days prescribed therein, with verifiable documentation establishing that he is currently in compliance with the provisions of chapter 179D of NRS, the Chairman of the Board shall, within 10 days thereof, appoint a hearing examiner to conduct a hearing to determine whether the person is, in fact, not in compliance with the provisions of chapter 179D of NRS. The hearing examiner shall, within 5 days after the date he is appointed by the Chairman, notify the person of the date of the hearing. The hearing must be held within 20 days after the date on which the hearing examiner is appointed by the Chairman, unless administratively extended by the Chairman for good cause. At the hearing, the hearing examiner may take any testimony deemed necessary and shall render a decision sustaining or reversing the findings of the Central Repository for Nevada Records of Criminal History. The hearing examiner shall notify the person of his decision within 5 days after the date on which the decision is rendered. A failure of a person to appear at a hearing conducted pursuant to this section shall be deemed to be an admission that the findings of the hearing examiner are well-founded.

19. If, after conducting the hearing prescribed in subsection 18, the hearing examiner renders a decision that the person who is the subject of the hearing:

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ê2009 Statutes of Nevada, Page 286 (CHAPTER 79, SB 83)ê

(a) Is not in compliance with the provisions of chapter 179D of NRS, the Board shall, notwithstanding any other provisions of this section:

(1) Suspend the registration of the person as a gaming employee;

(2) Notify the person to contact the Central Repository for Nevada Records of Criminal History to determine the actions that he must take to be in compliance with the provisions of chapter 179D of NRS; and

(3) Notify the licensee for which the person is employed as a gaming employee, in the manner prescribed in subsection 20, that the Board has suspended the registration of the person as a gaming employee and that the licensee must immediately terminate the person from employment or reassign him to a position that does not require registration as a gaming employee.

(b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person and the Central Repository for Nevada Records of Criminal History, in the manner prescribed in subsection 20, of the findings of the hearing examiner.

20. Notice as provided pursuant to subsections 17, 18 and 19 is sufficient if it is mailed to the person’s last known address as indicated on the most recent application for registration as a gaming employee or the record of the hearing, or to the person at his place of gaming employment. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

21. The Board shall remove a suspension entered in accordance with subsection 19 and reinstate the registration of a person as a gaming employee upon receipt of verifiable documentation confirming that the person is currently in compliance with the provisions of chapter 179D of NRS.

Sec. 12. NRS 463.362 is hereby amended to read as follows:

463.362 1. Whenever a patron and a licensee, or any person acting on behalf of or in conjunction with a licensee, have any dispute which cannot be resolved to the satisfaction of the patron and which involves:

(a) Alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event; or

(b) The manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted,

Ê the licensee is responsible for notifying the Board or patron in accordance with the provisions of subsection 2, regardless of whether the licensee is directly or indirectly involved in the dispute.

2. Whenever a dispute described in subsection 1 involves:

(a) At least $500, the licensee shall immediately notify the Board; or

(b) Less than $500, the licensee shall notify the patron of his right to request that the Board conduct an investigation.

3. Upon being notified of a dispute, the Board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made. The agent of the Board shall mail written notice to the Board, the licensee and the patron of his decision resolving the dispute within [30] 45 days after the date the Board first receives notification from the licensee or a request to conduct an investigation from the patron.

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ê2009 Statutes of Nevada, Page 287 (CHAPTER 79, SB 83)ê

The failure of the agent to mail notice of his decision within the time required by this subsection does not divest the Board of its exclusive jurisdiction over the dispute.

4. Failure of the licensee to notify the Board or patron as provided in subsection 2 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.

5. The decision of the agent of the Board is effective on the date the aggrieved party receives notice of the decision. Notice of the decision shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

Sec. 13. NRS 463.422 is hereby amended to read as follows:

463.422 1. A disseminator who wishes to submit a proposal for the exclusive right to disseminate a live broadcast for a racing meet to users must give written notice to the Board [not earlier than 180 days nor later than 100 days before the racing meet begins. The Board may provide for a shorter period of notice.

2. Within 20 days after it] in accordance with the requirements established in the regulations adopted by the Commission.

2. After the Board receives such a notice, the Board shall [give written notice to] notify the disseminator indicating when a written proposal must be submitted. If the Board reviews the submitted proposals and determines that a hearing is necessary, the Board shall [give written notice to] notify each disseminator and user indicating that the Board intends to conduct a hearing to determine which disseminator will receive the exclusive right to disseminate a live broadcast for a racing meet to users.

3. If the Board reviews the submitted proposals and determines that the selection of a disseminator may be made without a hearing, it shall [give written notice of its determination and selection to] notify each disseminator and [shall post such a notice in a conspicuous place in each of its offices in Las Vegas and Carson City for inspection by members of] the public [.] of its determination.

4. All [notices given] notifications provided by the Board pursuant to this section must [contain] :

(a) Contain all information ; and

(b) Conform with all requirements relating to the manner, timing and form for such notifications,

Ê that the Commission, with the advice and assistance of the Board, may prescribe by regulation.

Sec. 14. NRS 463.423 is hereby amended to read as follows:

463.423 1. Whenever the Board decides to conduct a hearing to determine which disseminator will receive the exclusive right to disseminate a live broadcast for a racing meet to users, the Board shall appoint a hearing panel, consisting of three members, to conduct the hearing. The Commission, with the advice and assistance of the Board, shall prescribe by regulation the qualifications of those members.

2. The members of the panel are entitled to receive the necessary expenses incurred in carrying out their duties as prescribed by the Board.

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ê2009 Statutes of Nevada, Page 288 (CHAPTER 79, SB 83)ê

[The expenses must be paid from the account for the operation of hearing panels.]

3. The Board may enter into agreements necessary to provide for the services of the members of the hearing panels appointed pursuant to this section.

4. The Board shall provide from its staff such additional personnel as it deems necessary to carry out the provisions of this section.

Sec. 15. NRS 463.426 is hereby amended to read as follows:

463.426 The Board may:

1. Authorize a disseminator to enter into an agreement with a track to disseminate to users a live broadcast which is received from the track.

2. Establish fees to be paid by a [user] disseminator of a live broadcast in an amount which is equal to the cost of carrying out the provisions of NRS 463.421 to 463.427, inclusive.

[3. The Board shall deposit the fees with the State Treasurer for credit to the Account for the Operation of Hearing Panels. Any interest earned on money in the Account must be credited to that Account.]

Sec. 16. NRS 463.445 is hereby amended to read as follows:

463.445 1. Except as otherwise provided in subsection 3, the Commission [shall] may fix, regulate and control the rates to be charged by any disseminator of information concerning racing held at a track which uses the pari-mutuel system of wagering, but the rates must be just and reasonable.

2. The Commission may require any licensee who subscribes to a disseminator’s service to report financial information relating to wagering and amounts won on each track or event, and may publish this information to ensure that the rates are just and reasonable.

3. The provisions of subsection 1 do not apply to the rates to be charged for the dissemination of live broadcasts.

Sec. 17. NRS 463.563 is hereby amended to read as follows:

463.563 1. The policy of the State of Nevada with respect to the issuance of state gaming licenses to limited partnerships is:

(a) To broaden the opportunity for investment in gaming through the pooling of capital in limited partnership form.

(b) To maintain effective control over the conduct of gaming by limited partnership licensees.

2. To the extent practicable, the provisions of this chapter that apply to a limited partnership shall be deemed to apply to a registered limited-liability partnership as defined in NRS 87.020 or 87.4311 or a foreign registered limited-liability partnership.

3. The Commission may waive, either selectively or by general regulation, one or more of the requirements of NRS 463.564 to 463.572, inclusive, if it makes a written finding that a waiver is consistent with the state policy set forth in NRS 463.0129 and this section.

Sec. 18. (Deleted by amendment.)

Sec. 18.5. NRS 463.650 is hereby amended to read as follows:

463.650 1. Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

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ê2009 Statutes of Nevada, Page 289 (CHAPTER 79, SB 83)ê

system, mobile gaming system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

3. The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, mobile gaming systems and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributor’s license.

4. The Commission may, by regulation, authorize a person who owns:

(a) Gaming devices for home use in accordance with NRS 463.160; or

(b) Antique gaming devices,

Ê to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.

5. Upon approval by the Board, a gaming device owned by:

(a) A law enforcement agency;

(b) A court of law; or

Ê may be disposed of by sale, in a manner approved by the Board, without a distributor’s license. An application for approval must be submitted to the Board in the manner prescribed by the Chairman.

6. Any person who the Commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the Commission.

8. The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.

9. The Commission may provide by regulation for:

(a) The filing by a manufacturer of reports and information regarding:

(1) Any independent contractor; and

(2) The business arrangements between the manufacturer and an independent contractor.

(b) Registration of independent contractors.

(c) Procedures pursuant to which an independent contractor may be required to file an application for a finding of suitability.

(d) Such other regulatory oversight of independent contractors as the Commission determines is necessary and appropriate.

10. As used in this section:

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ê2009 Statutes of Nevada, Page 290 (CHAPTER 79, SB 83)ê

(a) “Antique gaming device” means a gaming device that was manufactured before 1961.

(b) “Holding company” has the meaning ascribed to it in NRS 463.485.

(1) Is not an employee of the manufacturer; and

(2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device. As used in this subparagraph, “control program” has the meaning ascribed to it in NRS 463.0155.

Sec. 19. Chapter 148 of NRS is hereby amended by adding thereto a new section to read as follows:

1. No interest subject to the jurisdiction of the Nevada Gaming Control Act may be transferred to any heir or devisee from probate until the heir or devisee has received all approvals necessary to hold or own such an interest from the Nevada Gaming Commission.

2. Such an heir or devisee must seek all such necessary approvals through the filing of all appropriate applications with the State Gaming Control Board within 1 year after the interest becomes subject to probate or within such later period as the Chairman of the Board determines in his sole and absolute discretion.

3. If any such heir or devisee fails to file full and complete applications for all such necessary approvals within 1 year after the interest becomes subject to probate or within such later period as the Chairman of the Board determines, or if the Commission denies any application for such necessary approvals:

(a) The court shall immediately order that an appraisal of the interest must be conducted by two independent appraisers, one of whom must have experience appraising gaming assets. The costs of both appraisals must be paid by the estate.

(b) Within 30 days after receipt of both appraisals, the court shall offer and the entity in which the interest exists shall purchase the interest for cash at fair market value as determined by the court based upon the appraisals conducted pursuant to paragraph (a). The Commission may deem a failure to purchase the interest as offered to be a voluntary surrender of any gaming license, registration or approval held by the entity in which the interest exists.

Sec. 19.5. NRS 239.0115 is hereby amended to read as follows:

239.0115 1. Except as otherwise provided in this subsection and subsection 3, notwithstanding any provision of law that has declared a public book or record, or a part thereof, to be confidential, if a public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years, a person may apply to the district court of the county in which the governmental entity that currently has legal custody or control of the public book or record is located for an order directing that governmental entity to allow the person to inspect or copy the public book or record, or a part thereof. If the public book or record pertains to a natural person, a person may not apply for an order pursuant to this subsection until the public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years or until the death of the person to whom the public book or record pertains, whichever is later.

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ê2009 Statutes of Nevada, Page 291 (CHAPTER 79, SB 83)ê

2. There is a rebuttable presumption that a person who applies for an order as described in subsection 1 is entitled to inspect or copy the public book or record, or a part thereof, that he seeks to inspect or copy.

3. The provisions of subsection 1 do not apply to any book or record:

(a) Declared confidential pursuant to [subsection 4 of] NRS 463.120.

(b) Containing personal information pertaining to a victim of crime that has been declared by law to be confidential.

Sec. 20. Any balance existing in the Account for the Operation of Hearing Panels on June 30, 2009, must be transferred to the Account for Racing and Pari-Mutuel Wagering created pursuant to NRS 466.080 on July 1, 2009.

Sec. 21. 1. This section and sections 4, 6 to 12, inclusive, and 14 to 20, inclusive, of this act become effective on July 1, 2009.

2. Sections 3 and 13 of this act become effective:

(a) Upon passage and approval, for the purpose of adopting regulations; and

(b) On October 1, 2009, for all other purposes.

3. Sections 1, 2 and 5 of this act become effective on October 1, 2009.

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CHAPTER 80, SB 49

Senate Bill No. 49–Committee on Commerce and Labor

CHAPTER 80

AN ACT relating to design professions; creating a requirement for a written contract for professional services between a client and an architect, registered interior designer or residential designer in certain circumstances; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Section 1 of this bill requires that a written contract containing certain provisions be executed between an architect, registered interior designer or residential designer and a client before any professional services are provided. Section 1 also allows professional services to be provided before execution of a contract if the client agrees in writing and allows professional services to be provided without a contract in certain circumstances.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, an architect, registered interior designer or residential designer shall execute a written contract with a client before providing professional services to the client.

2. A contract created pursuant to subsection 1 must contain, but is not limited to, the following:

(a) A description of the services to be provided to the client by the architect, registered interior designer or residential designer;

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ê2009 Statutes of Nevada, Page 292 (CHAPTER 80, SB 49)ê

(b) A description of the basis for compensation and the method of payment;

(c) The name, address and certificate number of the architect, registered interior designer or residential designer and the name and address of the client;

(d) A description of the procedure that the architect, registered interior designer or residential designer and the client will use to accommodate additional services;

(e) A statement identifying the ownership or reuse of documents prepared by the architect, registered interior designer or residential designer; and

(f) A description of the procedure to be used by either party to terminate the contract.

3. An architect, registered interior designer or residential designer may provide professional services to a client before the execution of a written contract only if the client agrees in writing that a written contract is not needed before work begins.

4. A contract created pursuant to subsection 1 is not required for professional services rendered by an architect, registered interior designer or residential designer:

(a) For which the client will not pay compensation;

(b) When, after full disclosure of the requirements of this section, the client agrees in writing that a contract meeting the requirements of subsection 1 is not required; or

(c) To a person who holds a certificate of registration as a landscape architect pursuant to chapter 623A of NRS or a person who is licensed as a professional engineer pursuant to chapter 625 of NRS.

Sec. 2. This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 293ê

CHAPTER 81, AB 107

Assembly Bill No. 107–Assemblyman Oceguera

CHAPTER 81

AN ACT relating to public health; creating the Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease within the Health Division of the Department of Health and Human Services; prescribing the duties of the Committee; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Sections 8 and 9 of this bill create the Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease within the Health Division of the Department of Health and Human Services and prescribe the duties of the Committee. Section 10 of this bill authorizes the Health Division to enter into contracts and to apply for and accept gifts, grants, donations and bequests to carry out the provisions of this bill.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Committee” means the Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease created by section 8 of this act.

Sec. 4. “Hospital” has the meaning ascribed to it in NRS 449.012.

Sec. 5. “Primary prevention” means the treatment of risk factors for stroke, heart disease and other vascular disease in the general population before the onset of any symptoms.

Sec. 6. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

Sec. 7. “Secondary prevention” means the treatment of patients who have developed symptoms of stroke, heart disease or other vascular disease that is designed to prevent the onset of additional symptoms and attacks of the condition.

Sec. 8. 1. The Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease is hereby created within the Health Division.

2. The Committee consists of the following members:

(a) A board-certified neurologist who is licensed to practice in this State and who is experienced in treating victims of stroke, appointed by the Administrator;

(b) A board-certified cardiologist who is licensed to practice in this State and who is experienced in treating victims of heart disease and heart attacks, appointed by the Administrator;

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ê2009 Statutes of Nevada, Page 294 (CHAPTER 81, AB 107)ê

(d) A representative of the Health Division whose primary responsibilities relate to the licensure and certification of persons who provide emergency medical services, appointed by the Administrator;

(e) A representative of the American Heart Association or its successor, appointed by the Administrator;

(f) A person with knowledge or expertise in the prevention of chronic diseases, appointed by the Administrator;

(g) A representative from rural Nevada, appointed by the Administrator;

(h) A representative of hospitals in this State, appointed by the Administrator;

(i) A representative of collectively bargained plans, self-funded plans or other entities that pay claims under a contract for health insurance in this State, appointed by the Administrator;

(j) A registered nurse who is licensed to practice professional nursing in this State, appointed by the Administrator;

(k) A person who is a representative of a population disproportionally affected by heart disease or stroke, appointed by the Governor;

(l) A person who is a survivor of stroke, appointed by the Majority Leader of the Senate;

(m) A person who is a survivor of heart disease, appointed by the Speaker of the Assembly; and

(n) A representative of the Nevada System of Higher Education who has knowledge of matters relating to public health, appointed by the Board of Regents of the University of Nevada.

3. The Committee shall elect a Chairman and a Vice Chairman from among its members to initial terms expiring on June 30, 2011. After the initial election, each of those officers holds office for a term of 1 year beginning on July 1 of each year and may be reelected to one or more successive terms. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Committee shall elect a replacement for the remainder of the unexpired term.

4. After the initial terms, each member of the Committee serves a term of 2 years beginning on July 1. Except for a member appointed pursuant to paragraph (f) of subsection 2, a member may be reappointed to one or more successive terms.

5. A vacancy on the Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

6. The members of the Committee serve without compensation. If sufficient money is available, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while attending meetings of the Committee or otherwise engaged in the business of the Committee.

Sec. 9. 1. The Committee shall, to the extent money is available from any source:

(a) Adopt rules for its own governance.

(b) Meet at least once each calendar quarter and at other times upon the call of the Chairman.

(c) Make recommendations to the Health Division for the establishment of a comprehensive plan for the prevention of stroke, heart disease and other vascular disease in this State which must:

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ê2009 Statutes of Nevada, Page 295 (CHAPTER 81, AB 107)ê

(1) Emphasize the development of a policy for the primary prevention and secondary prevention of stroke;

(2) Include recommendations to eliminate disparities in vascular health among populations that are disproportionally affected by stroke, heart disease and other vascular disease;

(3) Include recommendations concerning methods of increasing public knowledge and awareness relating to vascular health, including, without limitation, the prevention and treatment of stroke, heart disease and other vascular disease;

(4) Include recommendations concerning acute stroke treatment, including treatment during the hyperacute and emergency phases of stroke;

(5) Include recommendations concerning the rehabilitation of patients and continuous quality improvement activities for medical facilities and providers of health care; and

(6) Include recommendations concerning the notification and response of emergency medical services.

(d) On or before May 1 of each year, submit a written report to the Health Division summarizing the activities of the Committee and any recommendations it has made.

(e) In carrying out its duties, solicit suggestions and information from:

(1) Providers of emergency medical services;

(2) Associations of medical professionals;

(3) Hospitals;

(4) The Health Division;

(5) The Board of Medical Examiners and other boards responsible for issuing a license to a provider of health care; and

(6) Other persons with interests relating to vascular health as deemed necessary by the Committee.

2. In making the recommendations required by paragraph (c) of subsection 1, the Committee shall not consider or address any issue concerning the transfer of a patient.

3. A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Committee.

Sec. 10. 1. The Health Division may:

(a) Enter into contracts for any service necessary to carry out the provisions of sections 2 to 10, inclusive, of this act; and

(b) Apply for and accept gifts, grants, donations and bequests from any source to carry out the provisions of sections 2 to 10, inclusive, of this act.

2. Any money collected pursuant to subsection 1 and any money appropriated to carry out the provisions of sections 2 to 10, inclusive, of this act:

(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

(b) Except as otherwise provided by the terms of a specific gift, grant, donation or bequest, must only be expended to carry out the provisions of sections 2 to 10, inclusive, of this act.

3. The Administrator shall administer the account. Any interest or income earned on the money in the account must be credited to the account.

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ê2009 Statutes of Nevada, Page 296 (CHAPTER 81, AB 107)ê

4. Any claims against the account must be paid as other claims against the State are paid.

Sec. 11. On or before July 1, 2010:

1. The Administrator of the Health Division of the Department of Health and Human Services shall appoint the following members to the Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease created by section 8 of this act:

(a) One member each pursuant to paragraphs (a) to (f), inclusive, of subsection 2 of section 8 of this act to initial terms commencing on July 1, 2010, and expiring on June 30, 2011.

(b) One member each pursuant to paragraphs (g) to (j), inclusive, of subsection 2 of section 8 of this act to initial terms commencing on July 1, 2010, and expiring on June 30, 2012.

2. The Governor shall appoint to the Committee one member pursuant to paragraph (k) of subsection 2 of section 8 of this act to an initial term commencing on July 1, 2010, and expiring on June 30, 2012.

3. The Majority Leader of the Senate shall appoint to the Committee one member pursuant to paragraph (l) of subsection 2 of section 8 of this act to an initial term commencing on July 1, 2010, and expiring on June 30, 2012.

4. The Speaker of the Assembly shall appoint one member to the Committee pursuant to paragraph (m) of subsection 2 of section 8 of this act to an initial term commencing on July 1, 2010, and expiring on June 30, 2012.

5. The Board of Regents of the University of Nevada shall appoint one member to the Committee pursuant to paragraph (n) of subsection 2 of section 8 of this act to an initial term commencing on July 1, 2010, and expiring on June 30, 2012.

Sec. 12. 1. This section and section 11 of this act become effective on October 1, 2009.

2. Sections 1 to 10, inclusive, of this act become effective on July 1, 2010.

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ê2009 Statutes of Nevada, Page 297ê

CHAPTER 82, SB 61

Senate Bill No. 61–Committee on Taxation

CHAPTER 82

AN ACT relating to revenue and taxation; revising provisions governing the authorized uses of money in a school district mitigation fund; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Existing law provides that each county school district that receives a portion of the money from a tax levied on the net proceeds of minerals in the county may set aside a portion of the amount received to establish a fund to mitigate the adverse effects resulting from a decline in revenue received from the tax during the immediately preceding 2 years or from the opening or closing of an extractive operation in the county. (NRS 362.170, 362.171) This bill revises provisions governing the mitigation fund by removing the requirement that a decline from the tax on net proceeds occur during the immediately preceding 2 years and by expanding the authorized uses of money in the mitigation fund to include expenses resulting from a natural disaster. This bill also expands the purposes for which school districts in counties with a population of less than 5,000 (currently Esmeralda, Eureka, Lincoln and Storey Counties) are authorized to use money in the mitigation fund to include retiring outstanding debt and continuing certain instructional programs.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 362.171 is hereby amended to read as follows:

362.171 1. Each county to which money is appropriated by subsection 1 of NRS 362.170 may set aside a percentage of that appropriation to establish a county fund for mitigation. Money from the fund may be appropriated by the board of county commissioners only to mitigate adverse effects upon the county, or the school district located in the county, which result from:

(a) A decline in the revenue received by the county from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or

(b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter.

2. Each school district to which money is apportioned by a county pursuant to subsection 2 of NRS 362.170 may set aside a percentage of the amount apportioned to establish a school district fund for mitigation. [Money] Except as otherwise provided in subsection 3, money from the fund may be used by the school district only to mitigate adverse effects upon the school district which result from:

(a) A decline in the revenue received by the school district from the tax on the net proceeds of minerals ; [during the 2 fiscal years immediately preceding the current fiscal year; or]

(b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter [.] ; or

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 298 (CHAPTER 82, SB 61)ê

3. In addition to the authorized uses for mitigation set forth in subsection 2, a school district in a county whose population is less than 5,000 may, as the board of trustees of the school district determines is necessary, use the money from the fund established pursuant to subsection 2:

(a) To retire bonds issued by the school district or any other outstanding obligations of the school district; and

(b) To continue the instructional programs of the school district or the services and activities that are necessary to support those instructional programs, which would otherwise be reduced or eliminated if not for the provisions of this section.

Ê Before authorizing the expenditure of money pursuant to this subsection, the board of trustees shall hold at least one public hearing on the matter.

Sec. 2. This act becomes effective on July 1, 2009.

________

CHAPTER 83, SB 91

Senate Bill No. 91–Committee on Commerce and Labor

CHAPTER 83

AN ACT relating to the State Board of Architecture, Interior Design and Residential Design; revising certain names related to examinations and national organizations; requiring that certain businesses and associations employ a person licensed or registered by the Board; revising provisions governing civil penalties; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Existing law specifies the subjects which must be included on the examination to qualify as a residential designer. Section 1 of this bill removes the subject of “systems for environmental control” and replaces it with the subject of “building systems and life safety.” (NRS 623.190) Section 2 of this bill revises NRS 623.192 to reflect the name change of the Council for Interior Design Accreditation. Section 3 of this bill clarifies that all offices of businesses practicing architecture, residential design or practicing as interior designers must employ a person holding a certificate of registration pursuant to chapter 623 of NRS. (NRS 623.350) Section 4 of this bill revises NRS 623.365 to apply certain penalty provisions to persons who do not hold certificates as well as to persons who do hold certificates.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 623.190 is hereby amended to read as follows:

623.190 1. Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the Board by regulation may apply to the Board for registration pursuant to the provisions of this section as an architect.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 299 (CHAPTER 83, SB 91)ê

2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the State Board of Architecture, Interior Design and Residential Design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.

3. The Board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The Board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical and professional subjects as are prescribed by the Board.

4. If the Board adopts the examination of the National Council of Architectural Registration Boards, an applicant for registration as an architect who wishes to:

(a) Take the examination must pay to the entity which administers the examination the fee charged by that entity for taking the examination and pay to the Board a processing fee as provided in NRS 623.310.

(b) Retake any part or parts of the examination which he previously failed must pay to the entity which administers the examination the fee charged by that entity for retaking that part or parts.

5. Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the Board, may apply to the Board for registration as a residential designer. The Board shall, by regulation, establish the amount of credit allowed for education, practical training or a combination thereof.

6. The Board shall, by regulation, establish the standards for the examination to qualify as a residential designer. The examination must consist of at least the following subjects:

(a) Structural technology;

(b) Materials and methods of construction;

(d) Graphic design.

7. Before being issued a certificate of registration to engage in the practice of architecture or residential design, each applicant must personally appear before the Board to take an oath prescribed by the Board.

8. Any application to the Board may be denied for any violation of the provisions of this chapter.

Sec. 2. NRS 623.192 is hereby amended to read as follows:

623.192 1. An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the Board:

(a) An application on a form provided by the Board;

(b) The fees required pursuant to NRS 623.310;

(d) Proof which is satisfactory to the Board that the applicant has successfully completed:

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 300 (CHAPTER 83, SB 91)ê

(1) A program of interior design accredited by the [Foundation for Interior Design Education Research] Council for Interior Design Accreditation or any successor in interest to that organization;

(2) A substantially equivalent program of interior design approved by the Board; or

(3) A program of interior design, other than a program described in subparagraph (1) or (2), which culminated in the award of a bachelor’s degree or higher degree more than 5 years before the date of the application if the applicant possesses a combination of education and experience in interior design deemed suitable by the Board;

(e) A certificate issued by the National Council for Interior Design Qualification as proof that the applicant has passed the examination prepared and administered by that organization; and

(f) All information required to complete the application.

2. The Board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience required pursuant to the provisions of paragraph (c) of subsection 1 as those standards exist on the date of the adoption of the regulation.

3. Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the Board to take an oath prescribed by the Board.

4. Any application submitted to the Board may be denied for any violation of the provisions of this chapter.

Sec. 3. NRS 623.350 is hereby amended to read as follows:

623.350 1. Each office or place of business in this State of any partnership, corporation, limited-liability company or other business organization or association that engages in the practice of architecture or residential design, or practice as a registered interior designer , including, without limitation, any business organization or association practicing pursuant to the provisions of NRS 623.349 , must have an architect, registered interior designer or residential designer who is a resident of this State and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and having responsible control for the architectural work or work relating to engaging in practice as a registered interior designer conducted in the office or place of business. The provisions of this subsection do not apply to partnerships, corporations, limited-liability companies or other business [organization] organizations or associations that engage in the practice of architecture or residential design or practice as a registered interior designer at offices established for construction administration.

2. A registrant or licensee practicing in a business organization or association which holds a certificate issued pursuant to NRS 623.349 remains subject to NRS 89.220.

3. If a person who is not registered or licensed, or a registrant or licensee who is not an owner, and who is employed by or affiliated with a business organization or association which holds a certificate issued pursuant to NRS 623.349 is found by the Board to have violated a provision of this chapter or a regulation of the Board, the Board may hold the business organization or association and the registrants and licensees who are owners responsible for the violation.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 301 (CHAPTER 83, SB 91)ê

Sec. 4. NRS 623.365 is hereby amended to read as follows:

623.365 In addition to any other civil penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $10,000 for each violation. Any such penalty must be imposed by the Board :

1. If the person holds a certificate issued pursuant to the provisions of this chapter, at a hearing conducted pursuant to the provisions of chapter 622A of NRS.

2. If the person does not hold a certificate issued pursuant to the provisions of this chapter, at a hearing for which written notice has been given not less than 30 days before the hearing.

Sec. 5. This act becomes effective upon passage and approval.

________

CHAPTER 84, SB 129

Senate Bill No. 129–Senator Hardy

CHAPTER 84

AN ACT relating to dentistry; revising provisions governing continuing education for dentists and dental hygienists relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

This bill provides that a course in Basic Disaster Life Support, Core Disaster Life Support or the equivalent thereof may satisfy the requirements for continuing education in the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. (NRS 631.342)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 631.342 is hereby amended to read as follows:

631.342 1. The Board shall adopt regulations concerning continuing education in dentistry and dental hygiene. The regulations must include:

(a) The number of hours of credit required annually;

(b) The criteria used to accredit each course; and

(d) A provision requiring the completion of]

2. Except as otherwise provided in subsection 3, as part of his continuing education, each licensee must complete a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

[(1)] (a) An overview of acts of terrorism and weapons of mass destruction;

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 302 (CHAPTER 84, SB 129)ê

[(2)] (b) Personal protective equipment required for acts of terrorism;

[(3)] (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

[(4)] (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

[(5)] (e) An overview of the information available on, and the use of, the Health Alert Network.

[Ê The]

3. Instead of the course described in subsection 2, a licensee may complete:

(a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of continuing education accredited by the National Disaster Life Support Foundation; or

(b) Any other course that the Board determines to be the equivalent of a course specified in paragraph (a).

4. Notwithstanding the provisions of subsections 2 and 3, the Board may [thereafter] determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

[2.] 5. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

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ê2009 Statutes of Nevada, Page 303ê

CHAPTER 85, SB 220

Senate Bill No. 220–Committee on Health and Education

CHAPTER 85

AN ACT relating to public health; providing for the establishment of the Chronic Obstructive Pulmonary Disease Program within the Health Division of the Department of Health and Human Services; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

This bill requires the Health Division of the Department of Health and Human Services to establish, within the limits of available money, the Chronic Obstructive Pulmonary Disease Program within the Division in order to establish strategies for reducing the impact of chronic obstructive pulmonary disease and to coordinate efforts to assist persons with chronic obstructive pulmonary disease in this State. This bill also authorizes the Health Division to apply for and accept gifts, grants and bequests to carry out the Program.

Whereas, Chronic obstructive pulmonary disease is a progressive disease of the airways that is characterized by a gradual loss of lung function, including emphysema and chronic bronchitis; and

Whereas, Chronic obstructive pulmonary disease is currently the fourth leading cause of death in the United States, resulting in approximately 120,000 deaths annually; and

Whereas, Nationally, more than 12 million persons have been diagnosed with chronic obstructive pulmonary disease and an additional 12 million persons have evidence of impaired lung function, indicating that chronic obstructive pulmonary disease is underdiagnosed; and

Whereas, Approximately 112,000 residents of Nevada are currently living with chronic obstructive pulmonary disease; and

Whereas, In 2007, the costs associated with chronic obstructive pulmonary disease were approximately $42.6 billion, including $27.7 billion in direct health care costs; and

Whereas, Early diagnosis and appropriate treatment of chronic obstructive pulmonary disease reduces the financial costs associated with the disease and improves the quality of life of persons suffering from the disease; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. Within the limits of available money, the Health Division shall establish the Chronic Obstructive Pulmonary Disease Program to establish strategies for reducing the impact of chronic obstructive pulmonary disease and to coordinate efforts to assist persons with chronic obstructive pulmonary disease in this State, including, without limitation:

1. Developing effective strategies for the prevention and early diagnosis of chronic obstructive pulmonary disease;

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 304 (CHAPTER 85, SB 220)ê

2. Making recommendations to health care professionals concerning the treatment and management of chronic obstructive pulmonary disease, including, without limitation, recommendations to increase access to nonpharmacologic therapies;

3. Increasing public knowledge and awareness of chronic obstructive pulmonary disease, including, without limitation, the education of persons with chronic obstructive pulmonary disease, their families, health care professionals, providers of health care and the public on matters relating to chronic obstructive pulmonary disease; and

4. Soliciting funding and other resources to ensure the continuation of the Chronic Obstructive Pulmonary Disease Program and other programs which address issues relating to chronic obstructive pulmonary disease.

Sec. 3. 1. The Health Division may apply for and accept gifts, grants and bequests to carry out the provisions of this section and section 2 of this act.

2. Any money that is accepted by the Health Division pursuant to subsection 1 and any legislative appropriations made to carry out the Chronic Obstructive Pulmonary Disease Program established pursuant to section 2 of this act must be deposited in the State Treasury and accounted for separately in the State General Fund.

3. Except as otherwise provided by the terms of a gift, grant or bequest, expenditures from the account must be made only for carrying out the provisions of this section and section 2 of this act.

4. The Administrator shall administer the account.

5. Money in the account does not revert to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

Sec. 4. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 305ê

CHAPTER 86, SB 280

Senate Bill No. 280–Senator McGinness

CHAPTER 86

AN ACT relating to hunting; making it unlawful to hunt in the Carson Lake Wildlife Management Area without a permit or other documentation specified by the Department of Wildlife; requiring the Department to charge and collect certain fees; providing a penalty; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Section 2 of this bill makes it unlawful for a person to hunt in the Carson Lake Wildlife Management Area unless he carries upon his person a special permit issued for that purpose on a form prescribed by the Department of Wildlife or carries certain other documentation specified by the Department. The provisions of NRS 501.385 and 502.010 make a violation of section 2 a misdemeanor. Section 2 also sets forth the fees that a person must pay for such a permit or documentation. Section 3 of this bill requires the money received by the Department for such a permit or documentation to be deposited in the Wildlife Account in the State General Fund and requires the Department to use the money to operate and manage the Carson Lake Wildlife Management Area.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 501.356 is hereby amended to read as follows:

501.356 1. Money received by the Department from:

(a) The sale of licenses;

(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

(d) Appropriations made by the Legislature; and

(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout Management Account pursuant to NRS 502.327,

Ê must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

2. The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.

3. Except as otherwise provided in subsection 4, the Department may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

4. Except as otherwise provided in NRS 502.250 and 504.155, and section 3 of this act, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title must be accounted for separately and may be used only for the management of wildlife.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 306 (CHAPTER 86, SB 280)ê

Sec. 1.5. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. Except as otherwise provided in subsection 2, it is unlawful for any person to hunt in the Carson Lake Wildlife Management Area unless, at the time of entry and while hunting, he carries upon his person:

(a) An unexpired permit issued for that purpose on a form specified by the Department; or

(b) Any other documentation specified by the Department as proof that the person has paid to the Department, for the period of licensing that includes the time the person is hunting, a fee that is equal to the amount of the fee required pursuant to subsection 4 for a seasonal permit or daily permit, as appropriate.

2. The provisions of subsection 1 do not apply to a person under 16 years of age who is accompanied by a person who is carrying upon his person the permit or documentation required pursuant to subsection 1.

3. A permit issued pursuant to subsection 1 may be sold only by the Department or a person designated by the Department.

4. The Department shall charge and collect the following fees for issuing a permit pursuant to subsection 1:

(a) Sixty dollars for a seasonal permit, the effective dates of which must, as determined by the Department, coincide with the license to hunt of the person purchasing the permit.

(b) Fifteen dollars for a daily permit. The Department shall not make a daily permit specified in this paragraph available for purchase before the second Monday of the open season for ducks.

5. The fee required pursuant to subsection 4 is in addition to any fee required for a license or permit to hunt pursuant to NRS 502.240.

Sec. 3. 1. Any money received by the Department pursuant to section 2 of this act must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

2. The Department:

(a) Shall maintain separate accounting records for the receipt and expenditure of any money pursuant to this section or section 2 of this act; and

(b) Must use the money to operate and manage the Carson Lake Wildlife Management Area.

Sec. 4. This act becomes effective on July 1, 2010, or upon conveyance of the Carson Lake Pasture to the State of Nevada in accordance with chapter 209, Statutes of Nevada 1993, at page 447, whichever is later.

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ê2009 Statutes of Nevada, Page 307ê

CHAPTER 87, SB 304

Senate Bill No. 304–Senators Parks, Copening, Horsford; Carlton, Coffin, Schneider and Wiener (by request)

Joint Sponsors: Assemblywomen Pierce, Leslie; and Smith

CHAPTER 87

AN ACT relating to public health; revising provisions relating to certain tests for certain communicable diseases; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Existing law requires physicians and persons who attend to pregnant women to conduct a test for syphilis on pregnant women during the third trimester of pregnancy. (NRS 442.010) Section 1 of this bill requires an additional test for syphilis during the first trimester of pregnancy.

The State Board of Health is required to regulate certain medical laboratories and may adopt regulations concerning those laboratories. (Chapter 652 of NRS) Federal laws and regulations relating to medical laboratories provide three categories of laboratory tests: (1) waived tests; (2) tests of moderate complexity; and (3) tests of high complexity. (42 C.F.R. § 493.5) Existing state law provides that regulations adopted by the Board may not be more stringent than the federal regulations unless the regulations relate to waived tests or the qualifications and duties of the personnel of a medical laboratory. (NRS 652.123) Section 3 of this bill provides that regulations relating to tests for the detection of the human immunodeficiency virus, regardless of whether it is a waived test, may not be more stringent than federal regulations. Section 2 of this bill requires a laboratory which conducts a test for the detection of the human immunodeficiency virus that is classified as a waived test to: (1) conduct the test in accordance with the quality assurance guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and (2) comply with certain reporting requirements.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 442.010 is hereby amended to read as follows:

442.010 1. Except as otherwise provided in subsection 5, every:

(a) Physician attending a pregnant woman during gestation for conditions relating to her pregnancy shall make an examination, including a standard serological test, for the discovery of syphilis. He shall take or cause to be taken a sample of blood of the woman during the first and third [trimester] trimesters and shall submit the sample to a qualified laboratory for a standard serological test for syphilis.

(b) Person permitted by law to attend upon pregnant women, but not permitted by law to make blood tests in Nevada, shall cause a sample of the blood of the pregnant woman to be taken during the first and third [trimester] trimesters by a duly licensed physician and submitted to a qualified laboratory for a standard serological test for syphilis.

2. A qualified laboratory is one approved by the State Board of Health. A qualified serological test for syphilis is one recognized as such by the State Board of Health.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 308 (CHAPTER 87, SB 304)ê

3. If the test is made in a state laboratory, it must be made without charge.

4. If the serological or physical examination test shows the pregnant woman is infected with syphilis, she immediately shall commence treatment for syphilis and shall continue treatment until discharged by a licensed physician.

5. If the pregnant woman objects to the taking of the sample of blood or the serological test because the test is contrary to the tenets or practices of her religion, the sample must not be taken and the test must not be performed.

Sec. 2. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

A laboratory which conducts a laboratory test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal Regulations shall:

1. Conduct the test in accordance with the quality assurance guidelines relating to testing using rapid human immunodeficiency virus antibody tests established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and

2. Comply with the provisions of NRS 441A.150 and any regulations adopted pursuant to chapter 441A of NRS relating to the reporting of communicable diseases.

Sec. 3. NRS 652.123 is hereby amended to read as follows:

652.123 Regulations adopted by the Board pursuant to this chapter may not be more stringent than the provisions of Part 493 of Title 42 of the Code of Federal Regulations, except that the Board may adopt regulations which are more stringent relating to:

1. Any laboratory test , other than a test for the detection of the human immunodeficiency virus, classified as a waived test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal Regulations; and

2. The qualifications and duties of the personnel of a medical laboratory.

Sec. 4. This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 309ê

CHAPTER 88, SB 307

Senate Bill No. 307–Senators Wiener, Horsford, Woodhouse, Cegavske, Parks; Amodei, Copening, Hardy, Lee, McGinness, Nolan, Schneider and Washington

CHAPTER 88

AN ACT relating to public welfare; requiring the Office of the Director of the Department of Health and Human Services to study issues relating to Medicaid in this State; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Existing law requires the Department of Health and Human Services to administer all public welfare programs in this State, including Medicaid, and to adopt a State Plan for Medicaid. (NRS 422.270, 422.271) This bill requires the Office of the Director of the Department, to the extent money is available from gifts, grants and donations, to hire a consultant to study the financing, including the financial sustainability, of Medicaid in this State and to conduct an analysis of the rates paid by Medicaid in this State.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. To the extent money is available, the Office of the Director of the Department of Health and Human Services shall hire a consultant to:

(a) Study the financing of Medicaid in this State, including, without limitation:

(1) The financial sustainability of Medicaid in this State; and

(2) Any financial strategies available to ensure the financial sustainability of Medicaid in this State; and

(b) Analyze the rates paid by Medicaid in this State.

2. The Office of the Director may apply for and accept any gift, donation, bequest, grant or other source of money from any public or private source to carry out the provisions of this section. Any money that is accepted by the Office of the Director:

(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund, to be administered by the Director.

(b) Does not lapse to the State General Fund at the end of a fiscal year.

3. The Office of the Director shall submit to the Legislative Committee on Health Care quarterly reports concerning the amount of money available pursuant to subsection 2 and the progress of the consultant hired pursuant to subsection 1, if any. On or before July 1, 2010, the Office of the Director shall submit to the Legislative Committee on Health Care any recommendations for legislation relating to the financing of Medicaid in this State and the rates paid by Medicaid in this State.

Sec. 2. This act becomes effective upon passage and approval for the purposes of accepting money pursuant to subsection 2 of section 1 of this act and on July 1, 2009, for all other purposes.

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ê2009 Statutes of Nevada, Page 310ê

CHAPTER 89, SB 335

Senate Bill No. 335–Committee on Commerce and Labor

CHAPTER 89

AN ACT relating to accountants; revising provisions governing registration of and professional accounting services provided by partnerships, corporations, limited-liability companies and sole proprietorships; providing for practice privileges to be granted to certain persons not licensed in this State under certain circumstances; revising provisions governing competency requirements, discipline, licensing requirements and retention of documents; and providing other matters properly relating thereto.

[Approved: May 18, 2009]

Legislative Counsel’s Digest:

Sections 4, 14-21, 26, 28 and 30-34 of this bill revise provisions governing the registration of domestic and foreign partnerships, corporations, limited-liability companies and sole proprietorships performing professional accounting services in this State to require registration under certain circumstances and to specify certain services which may be performed without registration under certain circumstances, as well as revise related provisions governing such practice.

Sections 5, 9, 27, 29 and 31-35 of this bill set forth the conditions under which a natural person who holds a valid license as a certified public accountant in another state shall be deemed to be granted the practice privileges of a certified public accountant in this State and revise related provisions governing such practice.

Section 6 of this bill establishes the competency requirements which must be met by a person who signs or authorizes another to sign an accountant’s report on financial statements.

Sections 10 and 22 of this bill revise the authority of the Nevada State Board of Accountancy to revoke or refuse to grant a certificate, a permit or practice privileges of a certified public accountant.

Sections 11-13 of this bill authorize the Board to use all or any part of a certain provider’s examination and grading service and to prescribe by regulation the education required for an applicant’s eligibility to take that examination.

Section 23 of this bill revises provisions relating to the Board’s conduct of disciplinary proceedings.

Sections 24 and 25 of this bill revise provisions relating to the retention of documents associated with the rendering of certain professional services.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

Sec. 2. “Compilation” means the presentation, in the form of financial statements prepared in accordance with the Statements on Standards for Accounting and Review Services (SSARS) published by the American Institute of Certified Public Accountants, of information that is a representation by the owner or management of an entity without undertaking to state or imply assurance of the reliability of the information.

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 311 (CHAPTER 89, SB 335)ê

Sec. 3. “Home office” means the location specified by a client of an accountant as the address of an entity for which the accountant practices public accounting, performs an attestation or compilation or performs other professional services within the practice of public accounting.

Sec. 4. 1. The Board shall grant or renew registration to a partnership, corporation, limited-liability company or sole proprietorship that demonstrates its qualifications therefor in accordance with this chapter.

2. A partnership, corporation or limited-liability company with an office in this State shall register with the Board if the partnership, corporation or limited-liability company:

(a) Performs attest services;

(b) Performs compilation services;

(d) Is styled and known as a certified public accountant or uses the abbreviation “C.P.A.”

3. A partnership, corporation, limited-liability company or sole proprietorship that does not have an office in this State:

(a) Shall register with the Board if the partnership, corporation, limited-liability company or sole proprietorship performs attest services for a client having his home office in this State.

(b) May practice public accounting, may perform compilation services or other professional services within the practice of public accounting other than attest services for a client having his home office in this State, may be styled and known as a certified public accountant and may use the title or designation “certified public accountant” and the abbreviation “C.P.A.” without registering with the Board if:

(1) Persons who are certified public accountants in any state constitute a simple majority, in terms of financial interests and voting rights of all partners, shareholders, officers, members and principals thereof, of the ownership of the partnership, corporation, limited-liability company or sole proprietorship;

(2) The partnership, corporation, limited-liability company or sole proprietorship complies with the provisions of subsection 5 of NRS 628.325, if applicable;

(3) A natural person granted practice privileges pursuant to section 5 of this act practices such public accounting or performs such compilation services or such other professional services within the practice of public accounting for the client having his home office in this State; and

(4) The partnership, corporation, limited-liability company or sole proprietorship can lawfully perform such services in the state where the natural person described in subparagraph (3) has his principal place of business.

4. A natural person granted practice privileges pursuant to section 5 of this act must not be required to obtain a permit from this State pursuant to NRS 628.380 if he performs such professional services for:

(a) Which a partnership, corporation, limited-liability company or sole proprietorship is required to register pursuant to subsection 2 or 3; or

(b) A partnership, corporation or limited-liability company registered pursuant to the provisions of NRS 628.325.

Sec. 5. 1. Except as otherwise provided in this chapter, a natural person who holds a valid license as a certified public accountant from any state other than this State shall be deemed to be a certified public accountant for all purposes under the laws of this State other than this chapter.

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ê2009 Statutes of Nevada, Page 312 (CHAPTER 89, SB 335)ê

state other than this State shall be deemed to be a certified public accountant for all purposes under the laws of this State other than this chapter.

2. A natural person granted practice privileges pursuant to subsection 1 is not required to obtain:

(a) A certificate pursuant to NRS 628.190; or

(b) A permit pursuant to NRS 628.380.

3. A natural person granted practice privileges pursuant to subsection 1 and a partnership, corporation, limited-liability company or sole proprietorship that employs such a person shall be deemed to consent, as a condition of the grant of such practice privileges:

(a) To the personal and subject matter jurisdiction, and disciplinary authority, of the Board.

(b) To comply with the provisions of this chapter and the regulations of the Board.

(c) That, in the event that the license from the state wherein the natural person’s principal place of business is located becomes invalid, the natural person will cease offering or engaging in the practice of professional accounting in this State individually and on behalf of a partnership, corporation, limited-liability company or sole proprietorship.

(d) To the appointment of the state board that issued the license as the agent upon whom process may be served in any investigation, action or proceeding relating to the natural person or the partnership, corporation, limited-liability company or sole proprietorship by the Board.

4. A natural person granted practice privileges pursuant to subsection 1 may perform attest services for a client having his home office in this State only if the partnership, corporation, limited-liability company or sole proprietorship that employs the person is registered pursuant to section 4 of this act.

Sec. 6. A person who, on his own behalf or on behalf of a partnership, corporation, limited-liability company or sole proprietorship, signs or authorizes another to sign an accountant’s report on financial statements shall meet the requirements for competency as set forth in the professional standards of accounting.

Sec. 7. NRS 628.003 is hereby amended to read as follows:

628.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 628.005 to 628.033, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

Sec. 8. NRS 628.005 is hereby amended to read as follows:

628.005 “Attest,” “attesting” and “attestation” mean the issuance of opinions, reports or other documents which state or imply assurance of the reliability of [any financial] information when the opinions, reports or other documents are accompanied by or contain any name, title or wording which [indicate] indicates that the person or other entity which has issued them is an accountant or auditor, or has expert knowledge in accounting or auditing. The terms include any disclaimer of an opinion when the disclaimer is in a form which is understood to imply any positive assurance of the reliability of the information and expertise on the part of the person making the disclaimer.

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