[Rev. 2/6/2019 2:57:33 PM]
κ2009 Statutes of Nevada, Page 717 (CHAPTER 195, SB 207)κ
(f) Any bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;
(g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment;
(h) Any terminal, depot or other station used for specified public transportation;
(i) Any museum, library, gallery or other place of public display or collection;
(j) Any park, zoo, amusement park or other place of recreation;
(k) Any nursery, private school or university or other place of education;
(l) Any day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service establishment;
(m) Any gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation;
(n) Any other establishment or place to which the public is invited or which is intended for public use; and
(o) Any establishment physically containing or contained within any of the establishments described in paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of the described establishment.
3. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 2. NRS 651.070 is hereby amended to read as follows:
651.070 All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin , [or] disability [.] or sexual orientation.
Sec. 3. NRS 651.110 is hereby amended to read as follows:
651.110 Any person who believes he has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin , [or] disability or sexual orientation may file a complaint to that effect with the Nevada Equal Rights Commission.
________
κ2009 Statutes of Nevada, Page 718κ
Senate Bill No. 256Senator Mathews
Joint Sponsor: Assemblywoman Smith
CHAPTER 196
AN ACT relating to the grounds of Northern Nevada Adult Mental Health Services; designating an area on the grounds of Northern Nevada Adult Mental Health Services as a historic cemetery and providing the boundaries of the cemetery; requiring the reinterment of certain human remains found outside the boundaries of the cemetery; requiring the Office of Historic Preservation of the Department of Cultural Affairs to oversee the maintenance and improvement of the cemetery by Northern Nevada Adult Mental Health Services; requiring the State of Nevada to terminate a lease of a portion of the cemetery to the City of Sparks; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
The grounds of Northern Nevada Adult Mental Health Services include a cemetery that was formerly a part of the Nevada Hospital for Mental Diseases. In 1949, the Legislature required the board of commissioners of the hospital to abolish the use of the cemetery. (Chapter 184, Statutes of Nevada 1949, p. 408) This bill designates the area of the former cemetery as a historic cemetery. This bill also requires the reinterment of human remains from gravesites found in a certain area outside the designated boundaries of the cemetery to the area inside the historic cemetery. This bill also provides for the Administrator of the Office of Historic Preservation of the Department of Cultural Affairs, in cooperation with persons with an interest in the matter, to oversee the maintenance and improvement of the cemetery by Northern Nevada Adult Mental Health Services of the Division of Mental Health and Developmental Services of the Department of Health and Human Services.
In 1959, a portion of the former cemetery was leased to the City of Sparks. This bill directs the State of Nevada to terminate the lease. Upon termination of the lease, the area covered by the lease will become a part of the cemetery.
Section 2 of this bill repeals the statute that abolished the use of the cemetery.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The following area, used before 1949 as a cemetery for the former Nevada Hospital for Mental Diseases, is hereby established as a historic cemetery, except as otherwise provided in this section:
All that certain real property situate within a portion of the Northeast One-Quarter (NE 1/4) of Section Seven (7), Township Nineteen (19) North, Range Twenty (20) East, Mount Diablo Meridian, City of Sparks, State of Nevada and being portions of the State Department of Agriculture parcel and the Northern Nevada Adult Mental Health System parcel as shown on the Record of Survey for the Northern Nevada Adult Mental Health System, Map No. 4663, File No. 3330918, Official Records of Washoe County, being more particularly described as follows:
κ2009 Statutes of Nevada, Page 719 (CHAPTER 196, SB 256)κ
Area 1
BEGINNING at the Northeasterly corner of said State Department of Agriculture parcel, also being a point on the Westerly right-of-way line of 21st Street as shown on said Record of Survey Map;
THENCE along the Northerly line of said State Department of Agriculture parcel, North 81°36′00″ West, 119.01 feet;
THENCE along the Westerly line of the Pinion Park lease line as shown on said Record of Survey, South 16°46′00″ West, 33.50 feet;
THENCE continuing along said Westerly line, South 00°15′04″ West, 257.47 feet to the Southwesterly corner thereof;
THENCE North 88°28′00″ East, 125.05 feet;
THENCE North 0°45′00″East, 268.83 feet to the POINT OF BEGINNING;
Said area being 35,159 square feet, 0.807 acres, more or less.
Area 2
COMMENCING at the Northeasterly corner of said State Department of Agriculture parcel, also being a point on the Westerly right-of-way line of 21st Street as shown on said Record of Survey Map; THENCE South 0°45′00″ West, 268.83 feet to the POINT OF BEGINNING;
THENCE continuing along the Westerly right-of-way line of 21st Street South 0°45′00″ West, 361.77 feet;
THENCE South 89°05′10″ West, 114.54 feet;
THENCE North 00°54′50″ West, 360.26 feet;
THENCE North 88°28′00″ East, 125.05 feet to the POINT OF BEGINNING;
Said area being 43,234 square feet, 0.992 acres, more or less.
2. Except as otherwise provided in this section, the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services, in cooperation with the State Public Works Board, the Administrator of the Office of Historic Preservation of the Department of Cultural Affairs and any other persons with an interest in the matter, shall disinter certain human remains found in gravesites on the grounds of Northern Nevada Adult Mental Health Services that are outside of the area described in subsection 1 and reinter the remains within the area described in subsection 1. The remains to be relocated consist of a row of approximately 30 graves in an area east of the Dini-Townsend Hospital and west of the State Department of Agriculture building on the grounds of Northern Nevada Adult Mental Health Services.
3. The Administrator of the Division of Mental Health and Developmental Services:
(a) Shall adopt regulations pursuant to NRS 451.069 to 451.330, inclusive, concerning the disinterment and removal of remains pursuant to subsection 2.
κ2009 Statutes of Nevada, Page 720 (CHAPTER 196, SB 256)κ
(b) Shall not reinter remains in the area described in subsection 1 as area 1 until the leasehold interest of the City of Sparks is terminated pursuant to subsection 7.
(c) Shall, except as otherwise provided in subsection 6, comply with all federal and state laws concerning burial sites and disinterment and reinterment of human remains.
4. The cost of disinterment and reinterment of remains pursuant to this section must be paid to the extent of available money from Project No. 07-C20 of the State Public Works Board, as approved in paragraph (b) of subsection 3 of section 1 of chapter 347, Statutes of Nevada 2007, at page 1637. To the extent that money is available for this purpose, the State Public Works Board shall provide, in consultation with the Administrator of the Office of Historic Preservation of the Department of Cultural Affairs and other persons with an interest in the matter, appropriate fencing and a memorial monument for the cemetery.
5. The Administrator of the Office of Historic Preservation of the Department of Cultural Affairs shall, in consultation with persons with an interest in the matter and to the extent of available money, oversee the maintenance and improvement of the historic cemetery established pursuant to this section by Northern Nevada Adult Mental Health Services of the Division of Mental Health and Developmental Services of the Department of Health and Human Services.
6. The provisions of NRS 451.045 do not apply to the disinterment of remains required by subsection 2. The provisions of NRS 452.001 to 452.610, inclusive, do not apply to the historic cemetery established by this section.
7. The area designated in subsection 1 as area 1 is the portion of the historic cemetery leased to the City of Sparks by a lease dated September 10, 1959, and is subject to that lease until it is terminated by the State of Nevada. The State of Nevada shall give an appropriate 180-day written notice of termination as provided in the lease and shall terminate the lease. Upon termination of the lease, that area becomes a part of the historic cemetery established by this section.
Sec. 2. Section 1 of chapter 184, Statutes of Nevada 1949, at page 408, is hereby repealed.
________
κ2009 Statutes of Nevada, Page 721κ
Senate Bill No. 130Senators Hardy, Lee, Washington; and Cegavske
CHAPTER 197
AN ACT relating to marriage; revising provisions concerning the application for, issuance of and revocation of certificates of permission to perform marriages; revising provisions certifying the persons who may solemnize a marriage; requiring the Secretary of State to establish a database of persons who may solemnize a marriage; revising provisions governing the validity of a marriage; providing for the revocation of authority of a minister or other person authorized to solemnize a marriage after he is no longer authorized to solemnize marriages by his church or religious organization; revising the contents of a certificate of marriage; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
Section 3 of this bill defines the term other person authorized to solemnize a marriage as a person, other than a minister, who has been authorized to solemnize a marriage according to the usages of his church or religious organization. Sections 4 and 6-19 of this bill amend existing law to grant the same rights and responsibilities for solemnizing a marriage to a person authorized to solemnize a marriage as the statutes do for a minister. (Chapter 122 of NRS)
Section 4 of this bill creates an affidavit, to be filed with the county clerk, to revoke the authority of a minister or other person authorized to solemnize a marriage if he no longer has the authority to solemnize a marriage within his church or religious organization.
Section 8 of this bill amends existing law to allow a person authorized to solemnize a marriage to: (1) legally join together a husband and wife; and (2) obtain a certificate of permission to perform marriages from a county clerk. Section 8 also allows a person authorized to solemnize a marriage who resides outside of Nevada to solemnize a marriage in this State under certain circumstances. (NRS 122.062)
Sections 9 and 10 of this bill amend existing law to allow a person, other than a minister, who has been authorized to solemnize a marriage according to the usages of his church or religious organization to apply for a certificate of permission to perform marriages. Sections 9 and 10 also remove the requirement that the solemnization of marriages be only incidental to the ministry provided to his church or religious organization and requires a new affidavit of authority to solemnize marriages to be submitted with the application for a certificate instead of copies of the denominational standing of the applicant. (NRS 122.064)
Section 11 of this bill requires a minister or other person authorized to solemnize a marriage to: (1) comply with Nevada laws pertaining to persons who solemnize marriages; (2) continue to meet the statutory requirements to solemnize marriages; and (3) update the county clerk of changes in personal information. Section 11 also: (1) revises existing law to require the affidavit of authority or affidavit of revocation to be filed by the church or religious organization, instead of a written statement filed by a trustee, warden or other responsible person; and (2) requires the Secretary of State to establish and maintain an electronic database to store information relating to ministers or other persons authorized to solemnize a marriage and to serve as an official list of persons so authorized in this State. (NRS 122.066)
κ2009 Statutes of Nevada, Page 722 (CHAPTER 197, SB 130)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 122.002 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. Other person authorized to solemnize a marriage means a person of any church or religious organization, other than a minister, who has been authorized to solemnize a marriage according to the usages of that church or religious organization.
Sec. 4. 1. If a minister or other person authorized to solemnize a marriage is no longer authorized to solemnize a marriage by the church or religious organization that authorized the minister or other person to solemnize marriages when he applied for a certificate of permission to perform marriages pursuant to NRS 122.064, the church or religious organization shall, within 5 days after the authorization is terminated, file an affidavit of revocation of authority to solemnize marriages with the county clerk of the county where the original affidavit of authority to solemnize marriages was filed.
2. The affidavit of revocation of authority to solemnize marriages must be in substantially the following form:
AFFIDAVIT OF REVOCATION OF AUTHORITY TO SOLEMNIZE MARRIAGES
State of Nevada }
}ss.
County of }
The........................................ (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at........................................ (street address, city or town). The........................................ (name of church or religious organization) hereby revokes the authority of........................................ (name of minister or other person authorized to solemnize marriages), filed in the County of........................................, on the.......... day of the month of...................., of the year.........., to solemnize marriages.
I am duly authorized by........................................ (name of church or religious organization) to complete and submit this affidavit.
......................................................
Signature of Official
......................................................
Name of Official
(type or print name)
......................................................
Title of Official
κ2009 Statutes of Nevada, Page 723 (CHAPTER 197, SB 130)κ
......................................................
Address
......................................................
City, State and Zip Code
......................................................
Telephone Number
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
......................................................
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
Sec. 5. NRS 122.002 is hereby amended to read as follows:
122.002 [As used in this chapter, commissioner] Commissioner township means a township whose population is 15,500 or more, as most recently certified by the Governor pursuant to NRS 360.285, and which is located in a county whose population is 100,000 or more.
Sec. 6. NRS 122.030 is hereby amended to read as follows:
122.030 1. With respect to any marriage solemnized before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of the record certified by the recorder, must be received in all courts and places as presumptive evidence of the fact of the marriage.
2. With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister [,] or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the county recorder or the county clerk, as the case may be, or a copy or abstract of the record certified by the county recorder or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.
Sec. 7. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:
Marriage License
(Expires 1 Year After Issuance)
State of Nevada }
}ss.
County of............................. }
These presents are to authorize any minister or other person authorized to solemnize a marriage who has obtained a certificate of permission [,] to perform marriages, any Supreme Court justice or district judge within this State, or justice of the peace within a township wherein he is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........
κ2009 Statutes of Nevada, Page 724 (CHAPTER 197, SB 130)κ
perform marriages, any Supreme Court justice or district judge within this State, or justice of the peace within a township wherein he is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Fathers name ........ Fathers state of birth (If not in U.S.A., name of country) ........ Mothers maiden name ........ Mothers state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Fathers name ........ Fathers state of birth (If not in U.S.A., name of country) ........ Mothers maiden name ........ Mothers state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.
Witness my hand and the seal of the county, this ..... day of the month of . of the year ............
..................................................
(Seal) Clerk
..................................................
Deputy clerk
Sec. 8. NRS 122.062 is hereby amended to read as follows:
122.062 1. Any licensed , [or] ordained or appointed minister or other person authorized to solemnize a marriage in good standing within his [denomination, whose denomination, governing body and] church [,] or [any] religious organization, or either of them, [are] incorporated , [or] organized or established in this State, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the State, if the minister or other person authorized to solemnize a marriage first obtains a certificate of permission to perform marriages as provided in [this section and] NRS [122.064] 122.062 to 122.073, inclusive [.] , and section 4 of this act. The fact that a minister or other person authorized to solemnize a marriage is retired does not disqualify him from obtaining a certificate of permission to perform marriages if, before his retirement, he had active charge of a [congregation within this State] church or religious organization for a period of at least 3 years.
2. A temporary replacement for a licensed , [or] ordained or appointed minister or other person authorized to solemnize a marriage certified pursuant to [this section and] NRS [122.064] 122.062 to 122.073, inclusive, and section 4 of this act may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister or other person authorized to solemnize a marriage whom he temporarily replaces shall provide him with a written authorization which states the period during which it is effective.
κ2009 Statutes of Nevada, Page 725 (CHAPTER 197, SB 130)κ
3. Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if he obtains a certificate of permission to perform marriages from the county clerk of the county in which his duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof by him of his military status as a chaplain and of his assignment.
4. A county clerk may authorize a licensed , [or] ordained or appointed minister or other person authorized to solemnize a marriage whose [congregation] residence and church or religious organization is in another state or who is retired, if his service was as described in subsection 1, to perform marriages in the county if the county clerk satisfies himself that the minister or other person authorized to solemnize a marriage is in good standing with his [denomination or] church [.] or religious organization pursuant to this section. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. Such a minister or other person authorized to solemnize a marriage may perform not more than five marriages in this State in any calendar year [.] and must acknowledge that he is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers or other persons authorized to solemnize a marriage to the same extent as if he were a minister or other person authorized to solemnize a marriage residing in this State.
Sec. 9. NRS 122.064 is hereby amended to read as follows:
122.064 1. A certificate of permission to perform marriages may be obtained only from the county clerk of the county in which the minister or other person authorized to solemnize a marriage resides, after the filing of a proper application. The initial application must:
(a) Be in writing and be verified by the applicant . [or his superior.]
(b) Include the date of licensure , [or] ordination [,] or [both,] appointment of the minister [,] or other person authorized to solemnize a marriage, and the name of the [denomination, governing body and] church [,] or [any of them,] religious organization with which he is affiliated.
(c) Include the social security number of the applicant.
(d) Be accompanied by [two copies] one copy of the [denominational standing of the applicant,] affidavit of authority to solemnize marriages described in subsection 5. [one of which the county clerk shall file with the Secretary of State.]
2. To determine the qualifications of any minister or other person authorized to solemnize a marriage who has filed an application for a certificate, the county clerk with whom the application has been filed may require:
(a) The [congregation] church or religious organization of the minister or other person authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff to conduct an investigation of the background and present activities of the minister [.] or other person authorized to solemnize a marriage.
3. In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself that:
(a) The applicants ministry is [primarily] one of service to his [congregation] church or [denomination, and that his performance of marriages will be incidental to that service,] religious organization or, in the case of a retired minister [,] or other person authorized to solemnize a marriage, that his active ministry was of such a nature.
κ2009 Statutes of Nevada, Page 726 (CHAPTER 197, SB 130)κ
case of a retired minister [,] or other person authorized to solemnize a marriage, that his active ministry was of such a nature.
(b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.
(c) The applicant has not been convicted of a felony, [been] released from confinement or completed his parole or probation, whichever occurs later, within 10 years before the date of the application.
4. The county clerk may require any applicant to submit information in addition to [the information] that required by this section.
5. The affidavit of authority to solemnize marriages must be in substantially the following form:
AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES
State of Nevada }
}ss.
County of }
The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.
I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.
......................................................
Signature of Official
......................................................
Name of Official
(type or print name)
......................................................
Title of Official
......................................................
Address
......................................................
City, State and Zip Code
......................................................
Telephone Number
κ2009 Statutes of Nevada, Page 727 (CHAPTER 197, SB 130)κ
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
......................................................
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
Sec. 10. NRS 122.064 is hereby amended to read as follows:
122.064 1. A certificate of permission to perform marriages may be obtained only from the county clerk of the county in which the minister or other person authorized to solemnize a marriage resides, after the filing of a proper application. The initial application shall:
(a) Be in writing and verified by the applicant . [or his superior.]
(b) Show the date of licensure , [or] ordination [,] or [both,] appointment of the minister [,] or other person authorized to solemnize a marriage, and the name of the [denomination, governing body and] church [,] or [any of them,] religious organization with which he is affiliated.
(c) Be accompanied by [two copies] one copy of the [denominational standing of the applicant,] affidavit of authority to solemnize marriages described in subsection 5. [one of which the county clerk shall file with the Secretary of State.]
2. [For the purpose of determining] To determine the qualifications of any minister or other person authorized to solemnize a marriage who has filed an application for a certificate, the county clerk with whom such application has been filed may require : [that:]
(a) The [congregation] church or religious organization of [such] the minister or other person authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff to conduct an investigation of the background and present activities of the minister [.] or other person authorized to solemnize a marriage.
3. In addition to the requirement of good standing, the county clerk shall, before approving an initial application , satisfy himself that:
(a) The applicants ministry is [primarily] one of service to his [congregation] church or [denomination, and that his performance of marriages will be incidental to such service,] religious organization or, in the case of a retired minister [,] or other person authorized to solemnize a marriage, that his active ministry was of such a nature.
(b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.
(c) The applicant has not been convicted of a felony, released from confinement or completed his parole or probation, whichever occurs later, within 10 years before the date of the application.
4. The county clerk may require any applicant to submit information in addition to that required by this section.
5. The affidavit of authority to solemnize marriages must be in substantially the following form:
κ2009 Statutes of Nevada, Page 728 (CHAPTER 197, SB 130)κ
AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES
State of Nevada }
}ss.
County of }
The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.
I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.
......................................................
Signature of Official
......................................................
Name of Official
(type or print name)
......................................................
Title of Official
......................................................
Address
......................................................
City, State and Zip Code
......................................................
Telephone Number
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
......................................................
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
Sec. 11. NRS 122.066 is hereby amended to read as follows:
122.066 1. The Secretary of State shall establish and maintain a statewide database of ministers or other persons authorized to solemnize a marriage. The database must:
(a) Serve as the official list of ministers or other persons authorized to solemnize a marriage approved in this State;
(b) Provide for a single method of storing and managing the official list;
κ2009 Statutes of Nevada, Page 729 (CHAPTER 197, SB 130)κ
(c) Be a uniform, centralized and interactive database;
(d) Be electronically secure and accessible to each county clerk in this State;
(e) Contain the name, mailing address and other pertinent information of each minister or other person authorized to solemnize a marriage as prescribed by the Secretary of State; and
(f) Include a unique identifier assigned by the Secretary of State to each minister or other person authorized to solemnize a marriage.
2. If the county clerk approves an application [,] for a certificate of permission to perform marriages, he shall [notify the Secretary of State of such approval within 10 days thereafter. After receipt of such notification,] :
(a) Enter all information contained in the application into the electronic statewide database of ministers or other persons authorized to solemnize a marriage maintained by the Secretary of State [shall immediately certify the name of such minister to each county clerk and county recorder in the State.
2.] not later than 10 days after the certificate of permission to perform marriages is approved by the county clerk; and
(b) Provide to the Secretary of State all information related to the minister or other person authorized to solemnize a marriage pursuant to paragraph (e) of subsection 1.
3. Upon approval of an application pursuant to subsection 2, the minister or other person authorized to solemnize a marriage:
(a) Shall comply with the laws of this State governing the solemnization of marriage and conduct of ministers or other persons authorized to solemnize a marriage;
(b) Is subject to further review or investigation by the county clerk to ensure that he continues to meet the statutory requirements for a person authorized to solemnize a marriage; and
(c) Shall provide the county clerk with any changes to his status or information, including, without limitation, the address or telephone number of the church or religious organization or any other information pertaining to certification.
4. A certificate of permission [shall be] is valid until the county clerk has received [:
(a) A written statement that the minister is no longer in good standing within his denomination, signed by a trustee, warden, responsible superior or other officer of such ministers congregation authorized to speak for it; or
(b) A written statement that the minister to whom a certificate of permission was granted is no longer a minister, signed by a trustee, warden, responsible superior or other officer of such former ministers congregation authorized to speak for it.
3. The written statements required to be sent by a trustee, warden, responsible supervisor or other officer of a congregation] an affidavit of revocation of authority to solemnize marriages pursuant to section 4 of this act.
5. An affidavit of revocation of authority to solemnize marriages that is received pursuant to subsection [2 shall] 4 must be sent to the county clerk within 5 days [following the time] after the minister or other person authorized to solemnize a marriage ceased to be a member of the [denomination] church or religious organization in good standing or ceased to be a minister or other person authorized to solemnize a marriage [of the congregation.
κ2009 Statutes of Nevada, Page 730 (CHAPTER 197, SB 130)κ
[denomination] church or religious organization in good standing or ceased to be a minister or other person authorized to solemnize a marriage [of the congregation.
4.] for the church or religious organization.
6. If the county clerk in the county where the certificate of permission was issued has reason to believe that the minister or other person authorized to solemnize a marriage is no longer in good standing within his [denomination,] church or religious organization, or that he is no longer a minister [,] or other person authorized to solemnize a marriage, or that such [denomination] church or religious organization no longer exists, [such] the county clerk may require satisfactory proof of [such ministers denominational] the good standing [.] of the minister or other person authorized to solemnize a marriage. If such proof is not presented within 15 days, the county clerk shall revoke the certificate of permission [and shall so notify the Secretary of State.] by amending the electronic record of the minister or other person authorized to solemnize a marriage in the statewide database pursuant to subsection 1.
[5.] 7. If any minister or other person authorized to solemnize a marriage to whom a certificate of permission has been issued severs ties with his [congregation] church or religious organization or moves from the county in which his certificate was issued, the certificate shall expire immediately upon such severance or move, and the [trustee, warden, responsible superior or other officer of the congregation authorized to speak for it] church or religious organization shall, within 5 days [following] after the severance or move, [give written notice of the fact of such severance or move to the county clerk who issued the certificate.] file an affidavit of revocation of authority to solemnize marriages pursuant to section 4 of this act. If the minister or other person authorized to solemnize a marriage voluntarily advises the county clerk of the county in which his certificate was issued of his severance with his church or religious organization, or that he has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.
8. The Secretary of State may adopt regulations concerning the creation and administration of the statewide database. This section does not prohibit the Secretary of State from making the database publicly accessible for the purpose of viewing ministers or other persons who are authorized to solemnize a marriage in this State.
Sec. 12. NRS 122.068 is hereby amended to read as follows:
122.068 1. Any county clerk who has issued a certificate of permission to perform marriages to a minister or other person authorized to solemnize a marriage pursuant to NRS 122.062 to 122.073, inclusive, and section 4 of this act may revoke [such] the certificate for good cause shown after a hearing.
2. If the certificate of permission to perform marriages of any minister or other person authorized to solemnize a marriage is revoked, the county clerk shall inform the Secretary of State of [such] that fact, and the Secretary of State shall immediately remove the name of [such] the minister or other person authorized to solemnize a marriage from the official list contained in the database of ministers or other persons authorized to solemnize a marriage and shall notify each county clerk and county recorder in the State of [such fact.] the revocation.
κ2009 Statutes of Nevada, Page 731 (CHAPTER 197, SB 130)κ
Sec. 13. NRS 122.071 is hereby amended to read as follows:
122.071 Any minister or other person authorized to solemnize a marriage whose application for a certificate of permission to perform marriages or renewal of such certificate is denied, or whose certificate of permission is revoked, is entitled to judicial review of such action in the district court of the county in which such action was taken.
Sec. 14. NRS 122.073 is hereby amended to read as follows:
122.073 Each county clerk may prescribe additional regulations, which shall not conflict with the provisions of this chapter, relating to the issuance and revocation of certificates of permission [.] to perform marriages.
Sec. 15. NRS 122.090 is hereby amended to read as follows:
122.090 No marriage solemnized before any person professing to be a judge, justice, minister [,] or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
Sec. 16. NRS 122.110 is hereby amended to read as follows:
122.110 1. In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister [,] or other person authorized to solemnize a marriage, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as husband and wife.
2. In every case , there shall be at least one witness present besides the person performing the ceremony.
Sec. 17. NRS 122.120 is hereby amended to read as follows:
122.120 1. After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.
2. The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. The certificate of marriage must be in substantially the following form:
State of Nevada
Marriage Certificate
State of Nevada }
}ss.
County of............................. }
This is to certify that the undersigned, ................................ (a minister [of the gospel,] or other person authorized to solemnize a marriage, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of . of the year ..............., at ................ (address or church), ................ (city), Nevada, join in lawful wedlock ................ (name), of ................ (city), State of ................, date of
κ2009 Statutes of Nevada, Page 732 (CHAPTER 197, SB 130)κ
birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses).
.............................................................
Signature of person performing
(Seal of County Clerk) the marriage
.............................................................
Name under signature typewritten
or printed in black ink
...............................................................
County Clerk
.............................................................
Official title of person performing
the marriage
...............................................................
...............................................................
Couples mailing address
3. All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.
Sec. 18. NRS 122.185 is hereby amended to read as follows:
122.185 The office of the commissioner of civil marriages and each room therein shall prominently display on the wall, or other appropriate place, a sign informing all people who avail themselves of the services of the commissioner of civil marriages of the following facts:
1. That the solemnization of the marriage by the commissioner of civil marriages is not necessary for a valid marriage and that the parties wishing to be married may have a justice of the peace within a township where such justice of the peace is permitted to perform marriages, or any minister or other person authorized to solemnize a marriage of their choice who holds a valid certificate of permission to perform marriages within the State , perform the ceremony;
2. The amount of the fee to be charged for solemnization of a marriage, including any extra charge to be made for solemnizing a marriage after regular working hours in the office of the commissioner of civil marriages;
3. That all fees charged are paid into the county general fund of the particular county involved;
4. That other than the statutory fee, the commissioner of civil marriages and the deputy commissioners of civil marriages are precluded by law from receiving any gratuity fee or remuneration whatsoever for solemnizing a marriage; and
κ2009 Statutes of Nevada, Page 733 (CHAPTER 197, SB 130)κ
5. That if the commissioner of civil marriages, any deputy commissioner of civil marriages, or any other employee in the office of the commissioner or in the office of the county clerk solicits such an extra gratuity fee or other remuneration, the matter should be reported to the district attorney for such county.
Sec. 19. NRS 122.220 is hereby amended to read as follows:
122.220 1. It is unlawful for any Supreme Court justice, judge of a district court, justice of the peace, municipal judge, minister [of any religious society or congregation,] or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him a license from the county clerk as provided by law.
2. Any Supreme Court justice, judge of a district court, justice of the peace, municipal judge, minister [,] or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 20. 1. This section and sections 1 to 9, inclusive, and 11 to 19, inclusive, of this act become effective on July 1, 2009.
2. Section 9 of this act expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending or restricting the use of professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
3. Section 10 of this act becomes effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending or restricting the use of professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
________
κ2009 Statutes of Nevada, Page 734κ
Assembly Bill No. 352Assemblymen Mortenson, Segerblom; Bobzien, Claborn, Horne, Kihuen, Kirkpatrick, Manendo, Munford, Ohrenschall, Parnell, Pierce, Smith and Spiegel
CHAPTER 198
AN ACT relating to the Spring Mountains National Recreation Area; limiting certain powers of planning and zoning that may be exercised by local governments within the Area; limiting gaming in the Area to holders of restricted licenses; and providing other matters properly relating thereto.
[Approved: May 22, 2009]
Legislative Counsels Digest:
The Spring Mountains National Recreation Area includes Mt. Charleston and other land, both public and private, outside of Las Vegas. Sections 1-8 of this bill prohibit local governments from making certain changes relating to zoning and development in the Spring Mountains National Recreation Area. A similar prohibition is provided for the Red Rock Canyon National Conservation Area and adjacent lands. (Chapter 105, Statutes of Nevada 2003, p. 595) Section 9 of this bill prohibits the Nevada Gaming Commission from issuing a nonrestricted license for any location in the Spring Mountains National Recreation Area, thereby limiting gaming in the Area only to current and future operations that hold restricted gaming licenses. (NRS 463.160, 463.161, 463.180, 463.190, 463.240)
Whereas, The Spring Mountains and their surrounds are a natural wonder within the State of Nevada that is uniquely beautiful and of scenic interest; and
Whereas, The Spring Mountains National Recreation Area includes several distinctive and significant geologic and natural heritage features, including, without limitation, Mount Charleston, Kyle Canyon, Griffith Peak, Harris Springs, Harris Mountain, the Deer Creek mountain pass, Angel Peak, Macks Canyon, Lee Canyon, Mummy Mountain, McFarland Peak, Bonanza Peak, Cold Creek, Wheeler Well, Charcoal Kilns, Mount Stirling Wilderness Study Area, Wallace Canyon, Carpenter Canyon, Trout Canyon, Lovell Canyon, Mountain Springs and Native American archeological sites, including petroglyphs and agave roasting pits; and
Whereas, In addition to their scenic beauty and geologic significance, the Spring Mountains provide numerous recreational opportunities to visitors from both within and without the State of Nevada, including, without limitation, hiking, climbing, bicycling, camping, horseback riding and winter sports such as snowshoeing and alpine and cross-country skiing; and
Whereas, With regard to tourism, the Spring Mountains provide a dramatic counterpoint to the activities offered within the more urban portions of Clark County, helping to draw to the area tourists who might not otherwise be interested in participating in gaming, attending shows or other such activities; and
Whereas, A significant part of the reason that the Spring Mountains are of interest to tourists, sightseers and recreational users is that they provide an area of sanctuary from the congestion and sprawl of the more urban portions of Clark County; and
κ2009 Statutes of Nevada, Page 735 (CHAPTER 198, AB 352)κ
Whereas, If the scenic views, natural beauty and rural character of the Spring Mountains were to be encroached upon by development that is on a large scale or of an inappropriate character, the value of the Spring Mountains National Recreation Area, with respect to tourism, sightseeing and recreation would be greatly diminished, to the detriment of Clark County and the State of Nevada as a whole; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.0239 is hereby amended to read as follows:
278.0239 In the region of this State for which the Spring Mountains National Recreation Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act [establishes] establish limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 2. NRS 244.154 is hereby amended to read as follows:
244.154 In the region of this State for which the Spring Mountains National Recreation Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act [establishes] establish limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 3. NRS 268.105 is hereby amended to read as follows:
268.105 In the region of this State for which the Spring Mountains National Recreation Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act [establishes] establish limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 4. NRS 269.617 is hereby amended to read as follows:
269.617 In the region of this State for which the Spring Mountains National Recreation Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act [establishes] establish limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 5. Sections 5 to 9, inclusive, of this act shall be known as the Spring Mountains National Recreation Area Act.
Sec. 6. The Legislature hereby finds and declares that this special act, which regulates activity in the Spring Mountains National Recreation Area, is necessary because of:
1. The unusual beauty of the Spring Mountains National Recreation Area;
2. The rapidly increasing population and growth in the region around the Spring Mountains National Recreation Area; and
3. The need to harmonize:
(a) The retention of the scenic beauty, small-town values, historic and cultural character, sense of community and recreational opportunities for visitors and residents of the Spring Mountains National Recreation Area; and
(b) Residential and commercial development within the Spring Mountains National Recreation Area.
Sec. 7. As used in this act, Spring Mountains National Recreation Area means the following tracts of land:
κ2009 Statutes of Nevada, Page 736 (CHAPTER 198, AB 352)κ
1. All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 17 South, Range 53 East, MDM;
2. The west half of section 3, all of sections 4, 5, 6, 7, 8 and 9, the west half of section 10 and all of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 17 South, Range 54 East, MDM;
3. All of sections 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 17 South, Range 55 East, MDM;
4. All of section 31, Township 17 South, Range 56 East, MDM;
5. All of section 1, Township 18 South, Range 53 East, MDM;
6. All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36, Township 18 South, Range 54 East, MDM;
7. All of Township 18 South, Range 55 East, MDM;
8. All of Township 18 South, Range 56 East, MDM;
9. All of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 18 South, Range 57 East, MDM;
10. All of sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14 and 15, Township 19 South, Range 54 East, MDM;
11. All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, the east half of section 20 and all of sections 21, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 19 South, Range 55 East, MDM;
12. All of Township 19 South, Range 56 East, MDM;
13. All of Township 19 South, Range 57 East, MDM;
14. All of sections 6, 7, 18, 19, 30 and 31, Township 19 South, Range 58 East, MDM;
15. All of sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, Township 20 South, Range 55 East, MDM;
16. All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35 and 36, Township 20 South, Range 56 East, MDM;
17. All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 20 South, Range 57 East, MDM;
18. All of sections 6 and 7, Township 20 South, Range 58 East, MDM;
19. All of sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36, Township 21 South, Range 56 East, MDM;
20. All of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 21 South, Range 57 East, MDM;
21. All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 35 and 36, Township 22 South, Range 57 East, MDM;
22. All of section 19, all of section 20 except the northeast quarter and all of sections 29 and 30, Township 22 South, Range 58 East, MDM;
23. All of sections 1, 2, 11, 12, 13, 14, 24 and 25, Township 23 South, Range 57 East, MDM; and
24. All of sections 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30, Township 23 South, Range 58 East, MDM.
Sec. 8. With respect to the Spring Mountains National Recreation Area, a local government:
κ2009 Statutes of Nevada, Page 737 (CHAPTER 198, AB 352)κ
1. Shall not, in regulating the use of those lands:
(a) Increase the number of residential dwelling units allowed by zoning regulations in existence on the effective date of this act;
(b) Establish any new nonresidential zoning districts, other than for public facilities; or
(c) Expand the size of any nonresidential zoning district in existence on the effective date of this act, other than for public facilities.
2. May regulate matters to include, without limitation, landscaping, buffering, screening, signage and lighting.
3. Retains all other authority regarding planning, zoning and regulation of uses of land.
Sec. 9. 1. Notwithstanding any other provision of law, the Nevada Gaming Commission shall not issue a nonrestricted license for any location in the Spring Mountains National Recreation Area.
2. As used in this section, nonrestricted license has the meaning ascribed to it in NRS 463.0177.
Sec. 10. This act becomes effective on July 1, 2009.
________
Senate Bill No. 132Senator Townsend
CHAPTER 199
AN ACT relating to animals; prohibiting a person from restraining a dog in a certain manner; setting forth requirements for using a pen or other outdoor enclosure to maintain a dog; requiring the state emergency management plan and certain plans for emergency operations to include provisions concerning the evacuation, transportation and sheltering of service animals during a disaster or emergency; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Existing law prohibits a person from depriving an animal of necessary food or drink or committing any other act of cruelty against an animal. (NRS 574.100) Section 1 of this bill prohibits a person from restraining a dog: (1) using a tether, chain, tie, trolley or pulley system or other device that is less than 12 feet in length or fails to comply with certain other requirements concerning the movement of the dog; (2) using a prong, pinch or choke collar or similar device; or (3) for more than 14 hours during a 24-hour period. Section 1 also provides that any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog and may be used by a person whose property is of insufficient size to ensure compliance with the requirements for chaining or tethering the dog on the property. Section 1 exempts from this prohibition a dog that is: (1) being treated by a veterinarian; (2) being used for hunting or being trained to hunt; (3) participating in a dog show; (4) being kept in a shelter or boarding facility or temporarily in a camping area; (5) temporarily being cared for during a rescue operation; (6) being used as part of an agricultural operation; or (7) engaged in a temporary task or activity for not more than 1 hour with a person having custody or control of the dog.
κ2009 Statutes of Nevada, Page 738 (CHAPTER 199, SB 132)κ
Existing law authorizes the Governor, in carrying out the provisions of chapter 414 of NRS, to prepare a comprehensive state emergency management plan. (NRS 414.060) Existing law also requires the Chief of the Division of Emergency Management of the Department of Public Safety to prepare state and local governmental agencies to be capable of responding appropriately if a disaster or emergency occurs. In carrying out this duty, the Chief may encourage state and local agencies to adopt plans for emergency operations. (NRS 414.040) Section 2 of this bill requires the state emergency management plan prepared by the Governor and each plan for emergency operations adopted by a state or local governmental agency to include provisions ensuring that, to the extent practicable, a person with a disability who uses a service animal is evacuated, transported and sheltered together with the service animal during a disaster or emergency.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 574.100 is hereby amended to read as follows:
574.100 1. A person shall not:
(a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to himself or to another;
(b) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;
(c) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed [,] or to be deprived of necessary food or drink;
(d) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or
(e) Abandon an animal in circumstances other than those prohibited in NRS 574.110.
2. Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:
(a) Using a tether, chain, tie, trolley or pulley system or other device that:
(1) Is less than 12 feet in length;
(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or
(3) Allows the dog to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object;
(b) Using a prong, pinch or choke collar or similar restraint; or
(c) For more than 14 hours during a 24-hour period.
3. Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.
4. The provisions of subsections 2 and 3 do not apply to a dog that is:
(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the course of his practice;
(b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;
κ2009 Statutes of Nevada, Page 739 (CHAPTER 199, SB 132)κ
(c) Receiving training to hunt a species of wildlife in this State;
(d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;
(e) Being kept in a shelter or boarding facility or temporarily in a camping area;
(f) Temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes;
(g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, agricultural operation means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry; or
(h) With a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour.
5. A person who violates subsection 1 [:] , 2 or 3:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Κ The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
Κ The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[3.] 6. In addition to any other fine or penalty provided in subsection [2,] 5, a court shall order a person convicted of violating subsection 1 , 2 or 3 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2 or 3, including, without limitation, money expended for veterinary treatment, feed and housing.
[4.] 7. The court may order the person convicted of violating subsection 1 , 2 or 3 to surrender ownership or possession of the mistreated animal.
[5.] 8. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.
κ2009 Statutes of Nevada, Page 740 (CHAPTER 199, SB 132)κ
Sec. 2. Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state emergency management plan prepared pursuant to NRS 414.060 and each plan for emergency operations specified in paragraph (b) of subsection 4 of NRS 414.040 that is adopted by a state or local governmental agency must include provisions ensuring that, to the extent practicable, a person with a disability who uses a service animal is evacuated, transported and sheltered together with the service animal during a disaster or emergency.
2. As used in this section:
(a) Disability has the meaning ascribed to it in NRS 426.068.
(b) Service animal has the meaning ascribed to it in NRS 426.097.
________
Assembly Bill No. 486Committee on Commerce and Labor
CHAPTER 200
AN ACT relating to mortgage lending; requiring escrow agencies and agents, mortgage brokers, mortgage agents and mortgage bankers to pay restitution under certain circumstances; authorizing additional remedies and penalties for conducting business as an escrow agency or agent, mortgage broker, mortgage agent or mortgage banker without a license; providing for the exercise of jurisdiction over a party to a civil action; increasing the fine imposed on escrow agencies and agents for certain violations; requiring a mortgage broker to deposit a surety bond or other security; providing for the payment of a claim against a surety bond; establishing fiduciary obligations of a mortgage broker and mortgage agent; increasing the fine imposed on a mortgage broker or mortgage agent for conducting business without a license; authorizing the Commissioner of Mortgage Lending to adopt regulations relating to mortgage lending and other such professions; requiring certain persons and institutions in the business of servicing mortgage loans to register with the Commissioner; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Sections 2, 13 and 19 of this bill authorize the Commissioner of Mortgage Lending to require escrow agencies, escrow agents, mortgage brokers, mortgage agents and mortgage bankers to pay restitution under certain circumstances. Sections 3, 14 and 20 of this bill provide that if any person engages in the escrow business or the business of a mortgage broker, agent or banker without a license, the contract for the transaction in question may be voided by the other parties to the contract. Sections 3, 17 and 20 of this bill authorize the Commissioner to impose an administrative fine of $50,000 under the same circumstances. Sections 4, 5, 15, 16, 21 and 22 of this bill provide that parties to certain escrow and mortgage transactions may bring a civil suit against the person who has engaged in the escrow or mortgage business without a license and also establish provisions relating to the exercise of jurisdiction by a court of this State. Section 6 of this bill increases the fine imposed on escrow agencies or agents from $500 to $10,000 for each occurrence of certain violations.
κ2009 Statutes of Nevada, Page 741 (CHAPTER 200, AB 486)κ
Sections 8 and 9 of this bill require a mortgage broker, as a condition to doing business in this State, to deposit with the Commissioner a corporate surety bond or other security in the amount of $50,000 for the principal office and $25,000 for each branch office, not to exceed an aggregate amount of $75,000. Section 10 of this bill allows a surety to cancel a bond with notice and requires the Commissioner to inform a mortgage broker or mortgage agent that his license will be revoked unless an equivalent bond or security is deposited before the cancellation. Section 11 of this bill provides for the manner in which claims against a bond may be paid. Section 12 of this bill provides that a mortgage broker or mortgage agent has a fiduciary obligation to his client.
Section 24 of this bill grants regulatory authority over mortgage lending and related professionals, including foreclosure consultants, to the Commissioner by requiring the Commissioner to adopt regulations relating to mortgage lending and other professionals.
Section 25 of this bill requires certain persons and institutions in the business of servicing mortgage loans secured by a lien on real property located in this State to register with the Commissioner.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The holder of a license as an escrow agent or escrow agency may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.
2. Notwithstanding the provision of paragraph (m) of subsection 1 of NRS 622A.120, payment of restitution pursuant to subsection 1 shall be done in a manner consistent with the provisions of chapter 622A of NRS.
Sec. 3. If a person, or any general partner, director, officer, agent or employee of a person, violates the provisions of NRS 645A.210 or 645A.220:
1. Any contracts entered into by that person for the escrow transaction are voidable by the other party to the contract; and
2. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000.
Sec. 4. In addition to any other remedy or penalty, if a person violates the provisions of NRS 645A.210 or 645A.220, the respective parties to the escrow transaction may bring a civil action against the person for:
1. Actual and consequential damages;
2. Punitive damages, which are subject to the provisions of NRS 42.005;
3. Reasonable attorneys fees and costs; and
4. Any other legal or equitable relief that the court deems appropriate.
Sec. 5. 1. A court of this State may exercise jurisdiction over a party to a civil action arising under the provisions of this chapter on any basis not inconsistent with the Constitution of the State of Nevada or the Constitution of the United States.
2. Personal service of summons upon a party outside this State is sufficient to confer upon a court of this State jurisdiction over the party so served if the service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this State.
κ2009 Statutes of Nevada, Page 742 (CHAPTER 200, AB 486)κ
with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this State.
3. In all cases of such service, the defendant has 40 days, exclusive of the day of service, within which to answer or plead.
4. This section provides an additional manner of serving process and does not invalidate any other service.
Sec. 6. NRS 645A.090 is hereby amended to read as follows:
645A.090 1. The Commissioner may refuse to license any escrow agent or agency or may suspend or revoke any license or impose a fine of not more than [$500] $10,000 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of an escrow agency, is insolvent;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) In the case of an escrow agency, is in such a financial condition that he cannot continue in business with safety to his customers;
(d) Has committed fraud in connection with any transaction governed by this chapter;
(e) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact from, any principal or designated agent of a principal in the course of the escrow business;
(f) Has intentionally or knowingly made or caused to be made to the Commissioner any false representation of a material fact or has suppressed or withheld from the Commissioner any information which the applicant or licensee possesses;
(g) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
(h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter;
(j) Has been convicted of a felony relating to the practice of escrow agents or agencies or any misdemeanor of which an essential element is fraud;
(k) In the case of an escrow agency, has failed to maintain complete and accurate records of all transactions within the last 6 years;
(l) Has commingled the money of others with his own or converted the money of others to his own use;
(m) Has failed, before the close of escrow, to obtain written escrow instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;
(n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction; or
(o) In the case of an escrow agency, has:
κ2009 Statutes of Nevada, Page 743 (CHAPTER 200, AB 486)κ
(1) Failed to maintain adequate supervision of an escrow agent; or
(2) Instructed an escrow agent to commit an act which would be cause for the revocation of the escrow agents license and the escrow agent committed the act. An escrow agent is not subject to disciplinary action for committing such an act under instruction by the escrow agency.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for such action had the applicant or licensee been a natural person.
3. The Commissioner may suspend any license for not more than 30 days, pending a hearing, if upon examination into the affairs of the licensee it is determined that any of the grounds enumerated in subsection 1 or 2 exist.
4. The Commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 7. Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 16, inclusive, of this act.
Sec. 8. 1. Except as otherwise provided in section 9 of this act, as a condition to doing business in this State, each mortgage broker shall deposit with the Commissioner and keep in full force and effect a corporate surety bond payable to the State of Nevada, in the amount set forth in subsection 4, which is executed by a corporate surety satisfactory to the Commissioner and which names as principals the mortgage broker and all mortgage agents employed by or associated with the mortgage broker.
2. At the time of filing an application for a license as a mortgage agent and at the time of filing an application for the renewal of a license as a mortgage agent, the applicant shall file with the Commissioner proof that the applicant is named as a principal on the corporate surety bond deposited with the Commissioner by the mortgage broker with whom he is associated or employed.
3. The bond must be in substantially the following form:
Know All Men by These Presents, that ...................., as principal, and ...................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645B of NRS, in the sum of ...................., lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, and that we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of that obligation is such that: Whereas, the principal has been issued a license as a mortgage broker or mortgage agent by the Commissioner of Mortgage Lending and is required to furnish a bond, which is conditioned as set forth in this bond:
κ2009 Statutes of Nevada, Page 744 (CHAPTER 200, AB 486)κ
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645B of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645B of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645B of NRS, then this obligation is void; otherwise it remains in full force.
This bond becomes effective on the .......... (day) of .......... (month) of .......... (year), and remains in force until the surety is released from liability by the Commissioner of Mortgage Lending or until this bond is cancelled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 60 days written notice to the principal and to the Commissioner of Mortgage Lending.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at ...................., Nevada, this .......... (day) of .......... (month) of .......... (year).
(Seal)
Principal
(Seal)
Surety
By
Attorney-in-fact
Licensed resident agent
4. Each mortgage broker shall deposit a corporate surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of section 9 of this act in the following amounts:
(a) For the principal office, $50,000.
(b) For each branch office, $25,000.
Κ The total amount required for the corporate surety bond may not exceed $75,000, without regard to the number of branch offices, if any.
Sec. 9. 1. As a substitute for the surety bond required by section 8 of this act, a mortgage broker may, in accordance with the provisions of this section, deposit with any bank or trust company authorized to do business in this State, in a form approved by the Commissioner:
(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this State;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State.
2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond.
κ2009 Statutes of Nevada, Page 745 (CHAPTER 200, AB 486)κ
would the surety bond. With the approval of the Commissioner, the depositor may substitute other suitable obligations for those deposited which must be assigned to the State of Nevada and are negotiable only upon approval by the Commissioner.
3. Any interest or dividends earned on the deposit accrue to the account of the depositor.
4. The deposit must be in an amount at least equal to the required surety bond and must state that the amount may not be withdrawn except by direct and sole order of the Commissioner. The value of any item deposited pursuant to this section must be based upon principal amount or market value, whichever is lower.
Sec. 10. 1. The surety may cancel a bond upon giving 60 days notice to the Commissioner by certified mail. Upon receipt by the Commissioner of such a notice, the Commissioner immediately shall notify the licensee who is the principal on the bond of the effective date of cancellation of the bond, and that his license will be revoked unless he furnishes an equivalent bond or a substitute form of security authorized by section 9 of this act before the effective date of the cancellation. The notice must be sent to the licensee by certified mail to his last address of record filed in the office of the Division.
2. If the licensee does not comply with the requirements set out in the notice from the Commissioner, his license must be revoked on the date the bond is cancelled.
Sec. 11. 1. Any person claiming against a bond may bring an action in a court of competent jurisdiction on the bond for damages to the extent covered by the bond. A person who brings an action on a bond shall notify the Commissioner in writing upon filing the action. An action may not be commenced after the expiration of 3 years following the commission of the act on which the action is based.
2. Upon receiving a request from a person for whose benefit a bond is required, the Commissioner shall notify the person:
(a) That a bond is in effect and of the amount of the bond; and
(b) If there is an action against the bond, the title, court and case number of the action and the amount sought by the plaintiff.
3. If a surety wishes to make payment without awaiting action by a court, the amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment must be based on written claims received by the surety before any action is taken by a court.
4. The surety may bring an action for interpleader against all claimants upon the bond. If it does so, it shall publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county where the mortgage broker has its principal place of business. The surety may deduct its costs of the action, including attorneys fees and publication, from its liability under the bond.
5. Claims against a bond have equal priority, and if the bond is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the mortgage broker for the unpaid balance.
Sec. 12. 1. In addition to any other duties set forth in this chapter, any person licensed pursuant to this chapter has a fiduciary obligation to a client.
κ2009 Statutes of Nevada, Page 746 (CHAPTER 200, AB 486)κ
2. For the purposes of this section, a persons fiduciary obligation does not impose a requirement to offer or obtain access to loan products or services for a client other than those that are offered by the person at the time of the transaction.
3. As used in this section, fiduciary obligation means a duty of good faith and fair dealing, including, without limitation, the duty to:
(a) Act in the clients best interest;
(b) Conduct only those mortgage transactions which are suitable for the clients needs;
(c) Disclose any financial, business, professional or personal interest the person has in conducting a mortgage transaction for the client;
(d) Disclose any material fact that the person knows or should know may affect the clients rights or interests or the ability to obtain the intended benefit from the mortgage transaction;
(e) Provide an accounting to the client that lists all money and property received from the client;
(f) Not accept or collect any fee for services rendered unless the fee was disclosed to the client before the service is provided; and
(g) Exercise reasonable care in performing any other duty relating to a mortgage transaction.
Sec. 13. 1. The holder of a license as a mortgage broker or mortgage agent may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.
2. Notwithstanding the provision of paragraph (m) of subsection 1 of NRS 622A.120, payment of restitution pursuant to subsection 1 shall be done in a manner consistent with the provisions of chapter 622A of NRS.
Sec. 14. If a person, or any general partner, director, officer, agent or employee of a person violates the provisions of NRS 645B.900 or 645B.910, any contracts entered into by that person for the mortgage transaction are voidable by the other party to the contract.
Sec. 15. In addition to any other remedy or penalty, if a person violates the provisions of NRS 645B.900 or 645B.910, the client may bring a civil action against the person for:
1. Actual and consequential damages;
2. Punitive damages, which are subject to the provisions of NRS 42.005;
3. Reasonable attorneys fees and costs; and
4. Any other legal or equitable relief that the court deems appropriate.
Sec. 16. 1. A court of this State may exercise jurisdiction over a party to a civil action arising under the provisions of this chapter on any basis not inconsistent with the Constitution of the State of Nevada or the Constitution of the United States.
2. Personal service of summons upon a party outside this State is sufficient to confer upon a court of this State jurisdiction over the party so served if the service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this State.
3. In all cases of such service, the defendant has 40 days, exclusive of the day of service, within which to answer or plead.
κ2009 Statutes of Nevada, Page 747 (CHAPTER 200, AB 486)κ
4. This section provides an additional manner of serving process and does not invalidate any other service.
Sec. 17. NRS 645B.690 is hereby amended to read as follows:
645B.690 1. If a person offers or provides any of the services of a mortgage broker or mortgage agent or otherwise engages in, carries on or holds himself out as engaging in or carrying on the business of a mortgage broker or mortgage agent and, at the time:
(a) The person was required to have a license pursuant to this chapter and the person did not have such a license; or
(b) The persons license was suspended or revoked pursuant to this chapter,
Κ the Commissioner shall impose upon the person an administrative fine of not more than [$10,000] $50,000 for each violation and, if the person has a license, the Commissioner shall revoke it.
2. If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the Commissioner to do so or within such later time as prescribed by the Commissioner, or if the Commissioner orders a mortgage broker to provide information, make a report or permit an examination of his books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the Commissioner, the Commissioner shall:
(a) Impose upon the mortgage broker an administrative fine of not more than $10,000 for each violation;
(b) Suspend or revoke the license of the mortgage broker; and
(c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the Commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.630.
Sec. 18. Chapter 645E of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 22, inclusive, of this act.
Sec. 19. 1. The holder of a license as a mortgage banker may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.
2. Notwithstanding the provision of paragraph (m) of subsection 1 of NRS 622A.120, payment of restitution pursuant to subsection 1 shall be done in a manner consistent with the provisions of chapter 622A of NRS.
Sec. 20. If a person, or any general partner, director, officer, agent or employee of a person violates the provisions of NRS 645E.900 or 645E.910:
1. Any contracts entered into by that person for the mortgage transaction are voidable by the other party to the contract; and
2. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000.
Sec. 21. In addition to any other remedy or penalty, if a person, or any general partner, director, officer, agent or employee of a person violates the provisions of NRS 645E.900 or 645E.910, the client may bring a civil action against the person for:
1. Actual and consequential damages;
κ2009 Statutes of Nevada, Page 748 (CHAPTER 200, AB 486)κ
2. Punitive damages, which are subject to the provisions of NRS 42.005;
3. Reasonable attorneys fees and costs; and
4. Any other legal or equitable relief that the court deems appropriate.
Sec. 22. 1. A court of this State may exercise jurisdiction over a party to a civil action arising under the provisions of this chapter on any basis not inconsistent with the Constitution of the State of Nevada or the Constitution of the United States.
2. Personal service of summons upon a party outside this State is sufficient to confer upon a court of this State jurisdiction over the party so served if the service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this State.
3. In all cases of such service, the defendant has 40 days, exclusive of the day of service, within which to answer or plead.
4. This section provides an additional manner of serving process and does not invalidate any other service.
Sec. 23. Chapter 645F of NRS is hereby amended by adding thereto the provisions set forth as sections 24 and 25 of this act.
Sec. 24. In addition to the other duties imposed upon him by law, the Commissioner shall adopt any regulations that are necessary to carry out the provisions of this chapter.
Sec. 25. A person or institution engaged in the business of servicing mortgage loans that intends to conduct business in this State for the purpose of servicing mortgage loans secured by a lien on real property located in this State shall register with the Commissioner on a form prescribed by the Commissioner. The form must:
1. Identify the state in which the institution is domiciled;
2. Identify the principal place of business of the institution; and
3. Provide such other information as the Commissioner may require.
Sec. 26. The amendatory provisions of section 3 of this act apply to contracts entered into before, on or after October 1, 2009.
________
κ2009 Statutes of Nevada, Page 749κ
Senate Bill No. 6Senator Lee
CHAPTER 201
AN ACT relating to occupational diseases; revising certain provisions concerning heart disease as an occupational disease of volunteer firefighters; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Existing law provides that, under certain circumstances, heart disease of a volunteer firefighter constitutes an occupational disease for purposes of chapter 617 of NRS. (NRS 617.457) Section 2 of this bill removes the requirement that the heart disease must have occurred before the volunteer firefighter reached 55 years of age. Section 2 also revises the frequency with which the volunteer firefighter must submit to a physical examination to detect such heart disease and makes the benefits of NRS 617.457 contingent upon the volunteer firefighters submission to the physical examinations scheduled by his employer. Finally, section 2 provides that a volunteer firefighter applicant 50 years of age or older may be responsible for payment of the costs of his physical examinations but will be reimbursed for those costs if he becomes a volunteer firefighter.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 617.454 is hereby amended to read as follows:
617.454 1. Any physical examination administered pursuant to NRS 617.455 or 617.457 must include:
(a) A thorough test of the functioning of the hearing of the employee; and
(b) A purified protein derivative skin test to screen for exposure to tuberculosis.
2. [The] Except as otherwise provided in subsection 7 of NRS 617.457, the tests required by this section must be paid for by the employer.
Sec. 2. NRS 617.457 is hereby amended to read as follows:
617.457 1. Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment.
2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State [and who has not reached the age of 55 years before the onset of the disease.] by continuously maintaining an active status on the roster of a volunteer fire department.
κ2009 Statutes of Nevada, Page 750 (CHAPTER 201, SB 6)κ
3. Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his employment.
4. A physical examination [is not required] for a volunteer firefighter [more than] is required upon initial employment and once every 3 years after [an] the initial examination [.] until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once each year.
5. The employer of the volunteer firefighter is responsible for scheduling the physical examination.
6. Failure to submit to a physical examination that is scheduled by his employer pursuant to subsection 5 excludes the volunteer firefighter from the benefits of this section.
7. The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:
(a) Applies to the department for the first time as a volunteer firefighter; and
(b) Is 50 years of age or older on the date of his application.
8. The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:
(a) Paid for the physical examination in accordance with subsection 7;
(b) Is declared physically fit to perform the duties required of a firefighter; and
(c) Becomes a volunteer with the volunteer fire department.
[5. All]
9. Except as otherwise provided in subsection 7, all physical examinations required pursuant to [subsection] subsections 3 and 4 must be paid for by the employer.
[6.] 10. Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.
[7.] 11. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as a firefighter or police officer,
Κ may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.
[8.] 12. Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.
Sec. 3. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 751κ
Senate Bill No. 9Senator Carlton
CHAPTER 202
AN ACT relating to taxicabs; extending the period that a hybrid electric vehicle may be used as a taxicab; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Existing law provides that a vehicle may be operated as a taxicab for 67 months if acquired as a new vehicle or for 55 months if acquired as a used vehicle registering not more than 30,000 miles on the odometer. (NRS 706.8834) Section 1 of this bill allows for a hybrid electric vehicle to be operated as a taxicab for an additional 24 months beyond the existing limits.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.8834 is hereby amended to read as follows:
706.8834 1. [If] Except as otherwise provided in subsection 4, if a vehicle acquired for use as a taxicab by a certificate holder pursuant to paragraph (a) of subsection 3 has been in operation as a taxicab for 67 months based on the date it was originally placed into operation as a taxicab, the certificate holder:
(a) Shall remove the vehicle from operation as a taxicab; and
(b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.
2. [If] Except as otherwise provided in subsection 4, if a vehicle acquired for use as a taxicab by a certificate holder pursuant to paragraph (b) of subsection 3 has been in operation as a taxicab for 55 months based on the date it was originally placed into operation as a taxicab, the certificate holder:
(a) Shall remove the vehicle from operation as a taxicab; and
(b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.
3. Any vehicle which a certificate holder acquires for use as a taxicab must:
(a) Be new; or
(b) Register not more than 30,000 miles on the odometer.
4. If a hybrid electric vehicle, as defined in 40 C.F.R. § 86.1702-99, is acquired for use as a taxicab by a certificate holder, the period of operation as a taxicab specified in subsections 1 and 2 shall be extended for an additional 24 months for that vehicle.
________
κ2009 Statutes of Nevada, Page 752κ
Senate Bill No. 62Committee on Finance
CHAPTER 203
AN ACT relating to education; revising provisions governing the use of special education program units from the State Distributive School Account; authorizing the provision of early intervening services for certain pupils in certain counties; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
The Individuals with Disabilities Education Act provides federal funds to ensure that each pupil with a disability receives a free appropriate public education. In 2004, Congress revised the federal Act to authorize local education agencies (school districts) to use not more than 15 percent of the federal funds to provide early intervening services for pupils who do not require special education services but who need additional academic or behavioral support to succeed in the general curriculum. (20 U.S.C. §§ 1400 et seq.)
Existing law requires the boards of trustees of school districts to provide special education and services to pupils with disabilities in accordance with the federal Act. (NRS 388.440-388.520) Section 5 of this bill authorizes the board of trustees of a school district in a county whose population is less than 400,000 (currently counties other than Clark County) to offer early intervening services. (NRS 388.450)
Existing law provides for the establishment of a basic support guarantee for special education program units for purposes of allocating money from the State Distributive School Account. (NRS 387.122, 387.1221) Section 3 of this bill provides that a school district in a county whose population is less than 400,000, charter school or university school for profoundly gifted pupils that receives an allocation for a special education program unit may use not more than 15 percent of the allocation to provide early intervening services. (NRS 387.1221)
Section 6 of this bill authorizes the State Board of Education to prescribe the minimum standards for the provision of early intervening services. (NRS 388.520)
The remaining sections of this bill revise the applicable provisions governing school districts, charter schools and university schools for profoundly gifted pupils to include early intervening services.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.585 is hereby amended to read as follows:
386.585 1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
κ2009 Statutes of Nevada, Page 753 (CHAPTER 203, SB 62)κ
3. A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.
4. A pupil who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented [,] or who receives early intervening services, may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters, be:
(a) Suspended from the charter school pursuant to this section for not more than 10 days.
(b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
Sec. 2. NRS 387.047 is hereby amended to read as follows:
387.047 1. Except as otherwise provided in this section, each school district and charter school shall separately account for all money received for the instruction of and the provision of related services to pupils with disabilities , [and] gifted and talented pupils and pupils who receive early intervening services described by NRS 388.520.
2. The separate accounting must include:
(a) The amount of money provided to the school district or charter school for special education for basic support;
(b) Transfers of money from the general fund of the school district or charter school needed to balance the special revenue fund; [and]
(c) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, but not limited to, services provided by psychologists, therapists and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education [.] ; and
κ2009 Statutes of Nevada, Page 754 (CHAPTER 203, SB 62)κ
(d) The amount of money, if any, expended by the school district or charter school for early intervening services provided pursuant to subsection 3 of NRS 388.450.
3. Money received from federal sources must be:
(a) Accounted for separately; and
(b) Excluded from the accounting required pursuant to this section.
Sec. 3. NRS 387.1221 is hereby amended to read as follows:
387.1221 1. The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.
2. Any unused allocations for special education program units may be reallocated to other school districts, charter schools or university schools for profoundly gifted pupils by the Superintendent of Public Instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.
3. A school district, a charter school or a university school for profoundly gifted pupils may, after receiving the approval of the Superintendent of Public Instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.
4. A school district in a county whose population is less than 400,000, charter school or university school for profoundly gifted pupils that receives an allocation for special education program units may use not more than 15 percent of its allocation to provide early intervening services.
Sec. 4. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to 388.5315, inclusive:
1. Gifted and talented pupil means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.
2. Pupil who receives early intervening services means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.
3. Pupil with a disability means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.
κ2009 Statutes of Nevada, Page 755 (CHAPTER 203, SB 62)κ
Sec. 5. NRS 388.450 is hereby amended to read as follows:
388.450 1. The Legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities and gifted and talented pupils residing in Nevada.
2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities and gifted and talented pupils.
3. The board of trustees of a school district in a county whose population is less than 400,000 may provide early intervening services. Such services must be provided in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto.
4. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the State Board.
Sec. 6. NRS 388.520 is hereby amended to read as follows:
388.520 1. The Department shall:
(a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and
(b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.
2. Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.
3. The State Board [shall] :
(a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.
(b) May prescribe minimum standards for the provision of early intervening services.
4. The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:
(a) Hearing impairments, including, but not limited to, deafness.
(b) Visual impairments, including, but not limited to, blindness.
(c) Orthopedic impairments.
(d) Speech and language impairments.
(e) Mental retardation.
(f) Multiple impairments.
κ2009 Statutes of Nevada, Page 756 (CHAPTER 203, SB 62)κ
(g) Serious emotional disturbances.
(h) Other health impairments.
(i) Specific learning disabilities.
(j) Autism.
(k) Traumatic brain injuries.
(l) Developmental delays.
(m) Gifted and talented abilities.
5. No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.
6. The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.
7. As used in this section, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 7. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
Κ The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.
κ2009 Statutes of Nevada, Page 757 (CHAPTER 203, SB 62)κ
3. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented [,] or who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) Firearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
8. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580.
κ2009 Statutes of Nevada, Page 758 (CHAPTER 203, SB 62)κ
Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec. 8. NRS 392.467 is hereby amended to read as follows:
392.467 1. Except as otherwise provided in subsections 4 and 5, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.
2. Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal [,] and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.
4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented [,] or who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]
Sec. 9. NRS 392A.105 is hereby amended to read as follows:
392A.105 1. The governing body of a university school for profoundly gifted pupils shall adopt:
(a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
3. A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the university school for profoundly gifted pupils immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.
κ2009 Statutes of Nevada, Page 759 (CHAPTER 203, SB 62)κ
distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the university school for profoundly gifted pupils immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.
4. A pupil who is enrolled in a university school for profoundly gifted pupils and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented [,] or who receives early intervening services, may, in accordance with the procedural policy adopted by the governing body of the university school for such matters, be:
(a) Suspended from the university school pursuant to this section for not more than 10 days.
(b) Suspended from the university school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.
(b) Available for public inspection at the university school.
6. The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
Sec. 10. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 760κ
Senate Bill No. 72Senator Cegavske (by request)
CHAPTER 204
AN ACT relating to pharmacy; authorizing a registered pharmacist or a registered intern pharmacist to perform blood glucose tests; specifying standards governing the performance of such tests; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
This bill authorizes registered pharmacists and registered intern pharmacists to perform blood glucose tests in accordance with standards of practice recommended by the American Association of Diabetes Educators.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
A registered pharmacist or a registered intern pharmacist may perform a blood glucose test using devices for monitoring approved by the Food and Drug Administration for use in the home. The performance of such a test must be in compliance with standards of practice recommended by the American Association of Diabetes Educators or its successor organization.
________
κ2009 Statutes of Nevada, Page 761κ
Senate Bill No. 125Senators Parks, Wiener, Schneider; Breeden, Care, Coffin, Copening, Horsford, Lee, Mathews and Woodhouse
Joint Sponsors: Assemblymen Pierce, Anderson; Grady, Hardy, Hogan, Koivisto, Segerblom and Spiegel
CHAPTER 205
AN ACT relating to crimes; prohibiting certain acts relating to radio frequency identification documents; revising the provisions relating to certain offenses involving the possession or use of personal identifying information; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Section 1 of this bill prohibits a person from knowingly, intentionally and for the purpose of committing fraud, identity theft or any other unlawful act: (1) capturing, storing or reading information from the radio frequency identification document of another person without the knowledge and consent of the other person; or (2) retaining, using or disclosing information that the person knows to have been obtained from the radio frequency identification document of another person without the knowledge and consent of the other person. This new crime is punishable as a category C felony.
Existing law establishes an exception to the statutory prohibitions relating to the possession or use of the personal identifying information of another person by providing that those prohibitions do not apply to a person who, without the intent to defraud or commit an unlawful act, possesses or uses the personal identifying information of another person pursuant to a financial transaction entered into with an authorized user of a payment card who has given permission for the financial transaction. (NRS 205.4655) Section 5 of this bill deletes from this exception the requirement that such an authorized user of a payment card must have given permission for the financial transaction.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not knowingly, intentionally and for the purpose of committing fraud, identity theft or any other unlawful act:
(a) Capture, store or read information from the radio frequency identification document of another person without the other persons knowledge and prior consent; or
(b) Retain, use or disclose information that the person knows to have been obtained from the radio frequency identification document of another person without the other persons knowledge and prior consent.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) Identity theft means a violation of the provisions of NRS 205.463, 205.464 or 205.465.
κ2009 Statutes of Nevada, Page 762 (CHAPTER 205, SB 125)κ
(b) Radio frequency identification means the use of electromagnetic radiating waves or reactive field coupling in the radio frequency portion of the spectrum to read or communicate personal identifying information to or from a radio frequency identification document through a variety of modulation and encoding schemes.
(c) Radio frequency identification document means any document containing data which is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his identity.
Sec. 2. NRS 205.461 is hereby amended to read as follows:
205.461 As used in NRS 205.461 to 205.4657, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.4611 to 205.4629, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 205.46517 is hereby amended to read as follows:
205.46517 In any case in which a person is convicted of violating any provision of NRS 205.461 to 205.4657, inclusive, and section 1 of this act, the court records must clearly reflect that the violation was committed by the person convicted of the violation and not by the person whose personal identifying information forms a part of the violation.
Sec. 4. NRS 205.4653 is hereby amended to read as follows:
205.4653 A person who violates any provision of NRS 205.461 to 205.4657, inclusive, and section 1 of this act may be prosecuted for the violation whether or not the person whose personal identifying information forms a part of the violation:
1. Is living or deceased during the course of the violation or the prosecution.
2. Is an artificial person.
3. Suffers financial loss or injury as the result of the violation.
Sec. 5. NRS 205.4655 is hereby amended to read as follows:
205.4655 The provisions of NRS 205.461 to 205.4657, inclusive, and section 1 of this act do not apply to any person who, without the intent to defraud or commit an unlawful act, possesses or uses any personal identifying information of another person:
1. In the ordinary course of his business or employment; or
2. Pursuant to a financial transaction entered into with an authorized user of a payment card . [who has given permission for the financial transaction.]
Sec. 6. NRS 205.4657 is hereby amended to read as follows:
205.4657 1. In any prosecution for a violation of any provision of NRS 205.461 to 205.4657, inclusive, and section 1 of this act, the State is not required to establish and it is no defense that:
(a) An accessory has not been convicted, apprehended or identified; or
(b) Some of the acts constituting elements of the crime did not occur in this State or that where such acts did occur they were not a crime or elements of a crime.
2. In any prosecution for a violation of any provision of NRS 205.461 to 205.4657, inclusive, and section 1 of this act, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which:
κ2009 Statutes of Nevada, Page 763 (CHAPTER 205, SB 125)κ
(a) The person whose personal identifying information forms a part of the violation currently resides or is found; or
(b) Any act constituting an element of the crime occurred, regardless of whether the defendant was ever physically present in that jurisdiction.
________
Senate Bill No. 127Senator Amodei
CHAPTER 206
AN ACT relating to contractors; exempting a qualified person or group providing construction oversight services to a long-term recovery group from the provisions governing the licensure and regulation of contractors; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
This bill adds construction oversight services related to recovery efforts after a disaster or emergency to the existing list of persons and activities that are exempt from licensing and regulation of contractors if those services are provided to a long-term recovery group by a qualified person.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.031 is hereby amended to read as follows:
624.031 The provisions of this chapter do not apply to:
1. Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.
2. An officer of a court when acting within the scope of his office.
3. Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.
4. An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.
5. Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:
(a) A building permit is required to perform the work;
(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;
κ2009 Statutes of Nevada, Page 764 (CHAPTER 206, SB 127)κ
(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;
(d) The work is performed as a part of a larger project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or
(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.
6. The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.
7. The construction, alteration, improvement or repair of personal property.
8. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.
9. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his use or occupancy and not intended for sale or lease.
10. Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070. A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700. As used in this subsection:
(a) Construction oversight services means the coordination and oversight of labor by volunteers.
(b) Long-term recovery group means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.
(c) Qualified person means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.
________
κ2009 Statutes of Nevada, Page 765κ
Senate Bill No. 151Senator Carlton
CHAPTER 207
AN ACT relating to contractors; providing for the payment of claims from the Recovery Fund of the State Contractors Board under certain circumstances to an owner who has paid a subcontractor or materialman to obtain the release of a lien on his property; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Sections 1 and 4 of this bill authorize the State Contractors Board to suspend or revoke the license of a residential contractor when the Recovery Fund reimburses a property owner who must pay a subcontractor or materialman to obtain the release of a lien on the property after the residential contractor has not paid the subcontractor or materialman money received for the work or materials rendered. (NRS 624.3012, 624.530) Section 4 also authorizes the Board not to issue a license to, or renew or reinstate a license of, a residential contractor so disciplined.
Section 2 of this bill expands the definition of an injured person, for the purposes of eligibility to make a claim against the Recovery Fund, to include an owner who is required to pay a second time to obtain the release of a lien recorded against his property for the value of work or materials rendered for a construction project on the property when a contractor has previously received payment for the work or materials and has, in turn, failed to pay for the work or materials. (NRS 624.420)
Section 3 of this bill revises provisions relating to the authorized use of the money in the Recovery Fund to authorize the payment of claims made by injured persons as defined in section 2. (NRS 624.470)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.3012 is hereby amended to read as follows:
624.3012 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Diversion of money or property received for the completion of a specific construction project or operation or for a specified purpose in the completion of any construction project or operation to any other construction project or operation, obligation or purpose.
2. Willful or deliberate failure by any licensee or agent or officer thereof to pay any money when due for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased . [, or the]
3. The false denial by any licensee or agent or officer thereof of any [such] amount due , or the validity of the claim thereof , for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased, with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.
κ2009 Statutes of Nevada, Page 766 (CHAPTER 207, SB 151)κ
with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.
[3.] 4. Failure to obtain the discharge or release of any lien recorded against the property to be improved by a construction project for the price of any materials or services rendered to the project by order of the contractor, when the contractor has received sufficient money therefor as payment for the project, within 75 days after the recording of the lien.
Sec. 2. NRS 624.420 is hereby amended to read as follows:
624.420 Injured person means an owner who [is] :
1. Is damaged by the failure of a residential contractor to perform qualified services adequately [.] ; or
2. Pays to obtain a release of a lien:
(a) Which is recorded:
(1) For the value of any materials or services rendered in connection with a construction project; and
(2) Against property to be improved by the project; and
(b) When a licensee or agent or officer thereof:
(1) Willfully or deliberately fails to pay any money when due for the materials or services; and
(2) Has received sufficient money as payment for the materials or services.
Sec. 3. NRS 624.470 is hereby amended to read as follows:
624.470 1. Except as otherwise provided in subsection 3, in addition to the fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the Board an assessment not to exceed the following amount, if the monetary limit on his license is:
Not more than $1,000,000...................................... $200 per biennium
More than $1,000,000 but limited............................ 500 per biennium
Unlimited.................................................................... 1,000 per biennium
2. The Board shall administer and account separately for the money received from the assessments collected pursuant to subsection 1. The Board may refer to the money in the account as the Recovery Fund.
3. The Board shall reduce the amount of the assessments collected pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.
4. Except as otherwise provided in NRS 624.540, the money in the account must be used to pay claims made by [owners who are damaged by the failure of a residential contractor to perform qualified services adequately,] injured persons, as provided in NRS 624.400 to 624.560, inclusive.
Sec. 4. NRS 624.530 is hereby amended to read as follows:
624.530 1. The provisions of NRS 624.400 to 624.560, inclusive, do not limit the authority of the Board to take disciplinary action against a residential contractor.
2. If the Board or its designee finds that an owner recovered from the account an amount paid by the owner to obtain a release of a lien recorded against property to be improved by a construction project as a result of a residential contractors act or omission as described in subsection 2 of NRS 624.3012, in addition to any disciplinary action that the Board takes against the residential contractor pursuant to subsection 1, the Board may:
κ2009 Statutes of Nevada, Page 767 (CHAPTER 207, SB 151)κ
(a) Suspend or revoke the license of the residential contractor; and
(b) Prohibit the issuance, reinstatement or renewal of a license to the residential contractor and any officer, director, associate or partner thereof, unless the residential contractor or any officer, director, associate or partner thereof repays to the account or the owner, or both, as appropriate, any amount paid out of the account or by the owner as a result of the act or omission of the residential contractor.
________
Senate Bill No. 193Senator Mathews
CHAPTER 208
AN ACT relating to secondhand dealers; exempting a person who engages in the business of buying and selling antiques from state and local regulation as a secondhand dealer; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Under existing law a person who engages in the business of buying and selling antiques is a secondhand dealer and is subject to certain state and local provisions governing secondhand dealers, including certain licensing, record-keeping, reporting and penalty provisions. (NRS 244.3485, 268.0974, 647.110-647.132, 647.140, 647.145) This bill exempts a person who engages in the business of buying and selling antiques from state and local regulation as a secondhand dealer.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 647.018 is hereby amended to read as follows:
647.018 1. Secondhand dealer means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than antiques and used books, including, without limitation, [antiques,] coins and collectibles.
2. The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:
(a) The person engages in that business at a show that:
(1) Is held at:
(I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or
(II) A recreational facility which is owned or operated by a county fair and recreation board; and
(2) Is conducted for not more than 7 days during any 6-month period; and
(b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.
κ2009 Statutes of Nevada, Page 768 (CHAPTER 208, SB 193)κ
Sec. 2. NRS 244.3485 is hereby amended to read as follows:
244.3485 1. The board of county commissioners of each county shall, by ordinance, require each person who wishes to engage in the business of a secondhand dealer in an unincorporated area of the county to obtain a license issued by the board before he engages in the business of a secondhand dealer.
2. The ordinance must require the applicant to submit:
(a) An application for a license to the board of county commissioners in a form prescribed by the board.
(b) With his application a complete set of his fingerprints and written permission authorizing the board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. The board of county commissioners shall not issue a license pursuant to this section to an applicant who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.
4. The board of county commissioners may:
(a) Establish and collect a fee for the issuance or renewal of a license;
(b) Establish and collect a fee to cover the costs of the investigation of an applicant, including a fee to process the fingerprints of the applicant;
(c) Place conditions, limitations or restrictions upon the license;
(d) Establish any other requirements necessary to carry out the provisions of this section; or
(e) Enact an ordinance which covers the same or similar subject matter included in the provisions of NRS 647.140 and which provides that any person who violates any provision of that ordinance shall be punished:
(1) For the first offense, by a fine of not more than $500.
(2) For the second offense, by a fine of not more than $1,000.
(3) For the third offense, by a fine of not more than $2,000 and by revocation of the license of the secondhand dealer.
5. As used in this section, secondhand dealer has the meaning ascribed to it in NRS 647.018.
Sec. 3. NRS 268.0974 is hereby amended to read as follows:
268.0974 1. The governing body of an incorporated city in this State, whether organized pursuant to general law or special charter , shall, by ordinance, require each person who wishes to engage in the business of a secondhand dealer in the incorporated city to obtain a license issued by the governing body before he engages in the business of a secondhand dealer.
2. The ordinance must require the applicant to submit:
(a) An application for a license to the governing body of the incorporated city in a form prescribed by the governing body.
(b) With his application a complete set of his fingerprints and written permission authorizing the governing body of the incorporated city to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
κ2009 Statutes of Nevada, Page 769 (CHAPTER 208, SB 193)κ
3. The governing body of the incorporated city shall not issue a license pursuant to this section to an applicant who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.
4. The governing body of the incorporated city may:
(a) Establish and collect a fee for the issuance or renewal of a license;
(b) Establish and collect a fee to cover the costs of the investigation of an applicant, including a fee to process the fingerprints of the applicant;
(c) Place conditions, limitations or restrictions upon the license;
(d) Establish any other requirements necessary to carry out the provisions of this section; or
(e) Enact an ordinance which covers the same or similar subject matter included in the provisions of NRS 647.140 and which provides that any person who violates any provision of that ordinance shall be punished:
(1) For the first offense, by a fine of not more than $500.
(2) For the second offense, by a fine of not more than $1,000.
(3) For the third offense, by a fine of not more than $2,000 and by revocation of the license of the secondhand dealer.
5. As used in this section, secondhand dealer has the meaning ascribed to it in NRS 647.018.
Sec. 4. This act becomes effective on July 1, 2009.
________
Senate Bill No. 219Committee on Natural Resources
CHAPTER 209
AN ACT relating to weed control districts; removing the provision requiring a board of county commissioners to levy an assessment on all real property in the county which is in a weed control district and making the levy discretionary; requiring the board of county commissioners to hold at least one public hearing before levying an assessment under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Existing law requires a board of county commissioners to levy an assessment on all real property in the county which is in a weed control district. (NRS 555.215) This bill amends that provision so that the board of county commissioners is authorized, but not required, to levy such an assessment. This bill also requires the board of county commissioners to hold at least one public hearing to entertain applications for the exclusion of lands from the weed control district before levying such an assessment if certain circumstances occur.
κ2009 Statutes of Nevada, Page 770 (CHAPTER 209, SB 219)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 555.215 is hereby amended to read as follows:
555.215 1. [Upon] Except as otherwise provided in subsection 5, upon the preparation and approval of a budget in the manner required by the Local Government Budget and Finance Act, the board of county commissioners of each county having lands situated in the district [shall,] may, by resolution, levy an assessment upon all real property in the county which is in the weed control district.
2. Every assessment so levied is a lien against the property assessed.
3. Amounts collected in counties other than the county having the larger or largest proportion of the area of the district must be paid over to the board of county commissioners of that county for the use of the district.
4. The board of county commissioners of that county may obtain medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive, of an amount of money not to exceed the total amount of the assessment, if any, to pay the expenses of controlling the weeds in the weed control district. The loans may be made only after the assessments , if any, are levied.
5. If a weed control district is created pursuant to NRS 555.203 on the basis that the board of county commissioners creating the weed control district will not exercise its discretion to levy an assessment against real property pursuant to this section and if, after the weed control district is created, the board of county commissioners decides to levy such an assessment, the board of county commissioners shall, before levying the assessment, hold at least one public hearing to entertain applications for the exclusion of lands from the weed control district pursuant to paragraph (a) of subsection 3 of NRS 555.203.
Sec. 2. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 771κ
Senate Bill No. 229Senator Carlton
CHAPTER 210
AN ACT relating to health care; establishing the Physician Visa Waiver Program in the Health Division of the Department of Health and Human Services; requiring the Program to provide for the oversight of employers and applicants for J-1 visa waivers in this State, evaluate requests for letters of support and issue such letters; requiring the State Board of Health to adopt regulations providing for the administration of the Program, establishing an application fee for a letter of support and establishing penalties for certain violations by applicants and employers; providing immunity from civil and criminal liability for a person who reports or provides information concerning a violation of the Program to a governmental entity; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
A J-1 visa is a nonimmigrant visa available to certain aliens who are designated exchange visitors. Certain classes of J-1 visas, including J-1 visas issued to foreign medical graduates, require that the alien return to his home country or country of last permanent residence for a period of 2 years after his completion of J-1 status. The 2-year foreign residence requirement may be waived by the Federal Government under certain circumstances. One condition for the issuance of such a waiver is that a letter of support stating that the waiver is in the public interest must be issued to the Waiver Review Division of the United States Department of State by the state health department of the state in which the foreign medical graduate will work. (8 U.S.C. §§ 1182(e), 1184(l); 22 C.F.R. § 41.63)
Section 10 of this bill establishes the Physician Visa Waiver Program in the Health Division of the Department of Health and Human Services. The Administrator of the Division is charged with administering the Program which must: (1) provide for the oversight of employers and physicians who apply for J-1 visa waivers in this State; (2) evaluate applications for letters of support submitted by J-1 visa physicians; and (3) issue letters of support. Section 10 requires the State Board of Health to adopt regulations providing for the administration of the Program and establishing application fees for letters of support.
Section 11 of this bill requires a physician who applies for a J-1 visa waiver or his employer to apply to the Program for a letter of support in the manner prescribed by the State Board of Health. The application must include a copy of the contract entered into between the physician and the employer. The Program may issue a letter of support to the physician: (1) if the Program finds that the waiver is in the public interest; (2) if the contract complies with certain requirements; and (3) upon payment of the application fee.
Section 12 of this bill provides that, in addition to any other penalty prescribed by law, a J-1 visa physician who does not provide the required minimum hours of health services required by Federal law, refuses to provide health services to medically underserved persons in this State or violates any provision of state law governing physicians or the provision of health services is subject to penalties prescribed by the State Board of Health by regulation. Section 12 also provides that, in addition to any other penalty prescribed by law, an employer who employs a J-1 visa physician in a manner other than that specified in the physicians contract, violates any provision of this bill or the regulations adopted pursuant thereto or violates any provision of state law governing physicians or the provision of health services is subject to penalties prescribed by the State Board of Health by regulation. Section 13 of this bill provides immunity from criminal and civil liability for any person who reports a violation of the provisions of this bill to a governmental entity.
κ2009 Statutes of Nevada, Page 772 (CHAPTER 210, SB 229)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the Administrator of the Division.
Sec. 4. Division means the Health Division of the Department.
Sec. 5. Employer means a person who sponsors a J-1 visa physician and enters into a contract with the J-1 visa physician.
Sec. 6. J-1 visa physician means a foreign medical graduate who:
1. Has an offer of full-time employment at a health facility in an area designated by the Federal Government as a health care professional shortage area or at a health facility which serves patients from such a designated area, and agrees to begin employment at that facility within 90 days after receiving a J-1 visa waiver;
2. Signs a contract to continue to work at that health facility for a total of 40 hours per week for not less than 3 years;
3. Applies for or has been issued a license to practice medicine pursuant to chapter 630 of NRS; and
4. Applies for a J-1 visa waiver.
Sec. 7. J-1 visa waiver means a waiver of the 2-year foreign residence requirement authorized pursuant to 8 U.S.C. § 1182(e) for a physician who holds a J-1 visa.
Sec. 8. Letter of support means a letter issued by the Program to the Waiver Review Division of the United States Department of State stating that a request for a J-1 visa waiver is in the public interest.
Sec. 9. Program means the Physician Visa Waiver Program established by section 10 of this act.
Sec. 10. 1. The Physician Visa Waiver Program is hereby established in the Division. The Administrator shall administer the Program consistent with federal law and the provisions of sections 2 to 13, inclusive, of this act and the regulations adopted pursuant thereto. The Program must:
(a) Provide for the oversight of employers and J-1 visa physicians in this State;
(b) Evaluate applications for letters of support submitted pursuant to section 11 of this act; and
(c) Issue letters of support.
2. The State Board of Health shall adopt regulations:
(a) Providing for the administration of the Program; and
(b) Establishing an application fee, not to exceed $500, payable to the Program by an employer or J-1 visa physician who applies for a letter of support pursuant to section 11 of this act.
3. Any application fees collected by the Program are not refundable and must be deposited in the State Treasury and accounted for separately in the State General Fund. Any interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of a fiscal year does not revert to the State General Fund. All claims against the account must be paid as other claims against the State are paid.
κ2009 Statutes of Nevada, Page 773 (CHAPTER 210, SB 229)κ
account must be paid as other claims against the State are paid. The money in the account must be used to pay the costs of administering the Program and for training and educating J-1 visa physicians and employers.
4. The Division is hereby designated as the agency of this State to cooperate with the Federal Government in the administration of the Program.
Sec. 11. 1. An employer or J-1 visa physician who seeks a letter of support from the Division must:
(a) Apply to the Program for a letter of support in the manner prescribed by the State Board of Health;
(b) Include with the application proof satisfactory to the Division that the J-1 visa physician is licensed to practice medicine pursuant to chapter 630 of NRS or has submitted an application for a license to practice medicine pursuant to chapter 630 of NRS; and
(c) Include with the application a copy of the contract entered into by the employer and the J-1 visa physician.
2. The contract entered into by the employer and the J-1 visa physician:
(a) Must comply with:
(1) All applicable provisions of federal law; and
(2) The regulations adopted by the State Board of Health pursuant to sections 2 to 13, inclusive, of this act.
(b) Must not include:
(1) A noncompete clause or restrictive covenant that prevents or discourages the J-1 visa physician from continuing to practice after the term of the contract expires; or
(2) Any provision authorizing termination without cause.
3. The Program may provide a letter of support to a J-1 visa physician:
(a) If the Program determines that the waiver is in the public interest;
(b) If the contract entered into by the employer and the J-1 visa physician complies with the provisions of this section; and
(c) Upon payment of the prescribed application fee.
Sec. 12. 1. In addition to any other penalty prescribed by law:
(a) A J-1 visa physician who:
(1) Does not provide the required minimum hours of health services in an area designated by the Federal Government as a health care professional shortage area;
(2) Refuses to provide health services to medically underserved persons in this State; or
(3) Violates any provision of state law governing physicians or the provision of health services; or
(b) An employer who:
(1) Employs a J-1 visa physician in a manner other than that specified in the contract entered into by the employer and the J-1 visa physician;
(2) Violates any provision of sections 2 to 13, inclusive, of this act or any regulation adopted pursuant thereto; or
(3) Violates any provision of state law governing physicians or the provision of health services,
Κ is subject to the penalty prescribed by the State Board of Health pursuant to subsection 2.
κ2009 Statutes of Nevada, Page 774 (CHAPTER 210, SB 229)κ
2. The State Board of Health shall adopt regulations establishing:
(a) The procedure for reporting a violation of this section; and
(b) The penalty for any violation of this section.
Sec. 13. A person who reports or provides any information concerning a violation of sections 2 to 13, inclusive, of this act or any regulation adopted pursuant thereto to a governmental entity is immune from any civil or criminal liability for that action.
Sec. 14. This act becomes effective on July 1, 2009.
________
Senate Bill No. 238Senators Parks, Horsford; Coffin, Copening, Lee, Wiener and Woodhouse
Joint Sponsor: Assemblywoman Pierce
CHAPTER 211
AN ACT relating to criminal procedure; authorizing the State Board of Pardons Commissioners to adopt a policy to provide an expedited process to take action, without holding a meeting, to restore the civil rights of certain persons under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Existing law provides for the automatic restoration of certain civil rights after honorable discharge from probation or parole, release from prison or the sealing of records. (NRS 176A.850, 179.285, 213.090, 213.155, 213.157) Existing law also authorizes certain criminal offenders to apply to the State Board of Pardons Commissioners to have their civil rights restored. Existing law further provides for the Board to consider such applications at a meeting after providing notice to the district attorney, the district judge of the county where the person was convicted and, if requested, to each victim of a crime committed by the person whose application is being considered. (NRS 213.010, 213.020, 213.040) Section 1 of this bill authorizes the Board to adopt a policy to provide for an expedited process to take action, without holding a meeting, to restore the civil rights of certain persons under certain circumstances.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
The Board may adopt a policy to provide an expedited process to take action, without holding a meeting, to restore the civil rights, in whole or in part, of a person who submits an application to the Board to have his civil rights restored if certain conditions are met, including, without limitation, that:
1. There is no objection from the court in which the judgment was rendered;
κ2009 Statutes of Nevada, Page 775 (CHAPTER 211, SB 238)κ
2. There is no objection from the district attorney of the county wherein the person was convicted; and
3. The Board has not received a written request for notice concerning a meeting to consider an application for clemency from a victim of a crime committed by the person.
Sec. 2. NRS 213.005 is hereby amended to read as follows:
213.005 As used in NRS 213.005 to 213.100, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Board means the State Board of Pardons Commissioners.
2. Secretary means the Secretary of the Board.
3. Victim includes:
(a) A person, including a governmental entity, against whom a crime has been committed;
(b) A person who has been injured or killed as a direct result of the commission of a crime; or
(c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a relative of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
Sec. 3. NRS 213.010 is hereby amended to read as follows:
213.010 1. The State Board of Pardons Commissioners consists of the Governor, the justices of the Supreme Court and the Attorney General.
2. Meetings of the Board for the purpose of considering applications for clemency may be held semiannually or oftener, on such dates as may be fixed by the Board.
3. [The] Except as otherwise provided in a policy adopted pursuant to section 1 of this act, the Board shall give written notice at least 15 days before a meeting to each victim of the crimes committed by each person whose application for clemency will be considered at the meeting, if the victim so requests in writing and provides his current address. If a current address is not provided, the Board may not be held responsible if the notice is not received by the victim. The victim may submit a written response to the Board at any time before the meeting. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this subsection is confidential.
Sec. 4. NRS 213.020 is hereby amended to read as follows:
213.020 1. Any person intending to apply to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his civil rights restored, or any person acting on his behalf, must submit an application to the Board, in accordance with the procedures established by the Secretary pursuant to NRS 213.017, specifying therein:
(a) The court in which the judgment was rendered;
(b) The amount of the fine or forfeiture, or the kind or character of punishment;
(c) The name of the person in whose favor the application is to be made;
(d) The particular grounds upon which the application will be based; and
(e) Any other information deemed relevant by the Secretary.
2. A person must not be required to pay a fee to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his civil rights restored pursuant to this section.
κ2009 Statutes of Nevada, Page 776 (CHAPTER 211, SB 238)κ
3. [The] Except as otherwise provided in a policy adopted pursuant to section 1 of this act, the Secretary shall submit notice of the date, time and location of the meeting to consider the application and one copy of the application to the district attorney and to the district judge of the county wherein the person was convicted. In cases of fines and forfeitures, notice of the date, time and location of the meeting to consider the application must also be served on the chairman of the board of county commissioners of the county wherein the person was convicted.
4. [Notice] Except as otherwise provided in a policy adopted pursuant to section 1 of this act, notice of the date, time and location of a meeting to consider an application pursuant to this section must be served upon the appropriate persons as required in this section at least 30 days before the presentation of the application, unless a member of the Board, for good cause, prescribes a shorter time.
________
Senate Bill No. 244Senators Cegavske and Nolan
CHAPTER 212
AN ACT relating to public health; requiring the Health Division of the Department of Health and Human Services, within the limitations of available funding, to establish and maintain a database of certain owners of automated external defibrillators for use in an emergency; providing for the registration of automated external defibrillators with the Health Division; authorizing all public schools in this State to acquire automated external defibrillators under certain circumstances; providing for the placement of automated external defibrillators in medical facilities and health clubs in this State; providing a civil penalty; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Section 3 of this bill: (1) requires the Health Division of the Department of Health and Human Services to establish and maintain, within the limitations of available funding, a database containing certain information concerning automated external defibrillators in this State and to make the information in the database available to each agency and facility that employs an emergency medical dispatcher in this State; (2) authorizes an emergency medical dispatcher to disclose the information in the database to any person for the purpose of providing emergency medical care; (3) requires a manufacturer that sells an automated external defibrillator for commercial use in this State to provide certain information to the purchaser and the Health Division; (4) authorizes the owner of an automated external defibrillator in this State to register the defibrillator with the Health Division; and (5) provides for the imposition of civil penalties against manufacturers for violations. Section 4 of this bill authorizes the board of trustees of each school district in this State, to the extent that money is available, to provide for the placement of automated external defibrillators in certain locations. Section 4 also provides for the placement of automated external defibrillators in medical facilities and health clubs in this State.
κ2009 Statutes of Nevada, Page 777 (CHAPTER 212, SB 244)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in NRS 450B.600 and sections 2, 3 and 4 of this act, unless the context otherwise requires, automated external defibrillator or defibrillator means a medical device that:
1. Has been approved by the United States Food and Drug Administration;
2. Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia in a patient;
3. Is capable of determining, without intervention by the operator of the device, whether defibrillation should be performed on a patient;
4. Upon determining that defibrillation should be performed on a patient, automatically charges and requests delivery of an electrical impulse to the patients heart; and
5. Upon appropriate action by the operator of the device, delivers an appropriate electrical impulse to the patients heart.
Sec. 3. 1. The Health Division shall:
(a) Within the limitations of available funding, establish and maintain a database containing:
(1) The name and address of each person who owns an automated external defibrillator for commercial use in this State;
(2) If the defibrillator has been registered with the Health Division pursuant to subsection 4, the name, street address and telephone number of the business or organization that has placed the defibrillator for use on its premises, and the specific location at which the defibrillator is stored; and
(3) If the defibrillator has been registered with the Health Division pursuant to subsection 5, the information concerning the defibrillator that was required for registration by the Health Division.
(b) Make the information in the database available to each agency and facility that employs an emergency medical dispatcher in this State.
(c) Apply for and accept any gifts, grants or donations to establish and maintain the database.
2. An emergency medical dispatcher may disclose the information in the database to any person for the purpose of providing emergency medical care.
3. A manufacturer that sells an automated external defibrillator for commercial use in this State shall:
(a) Notify the purchaser in writing of the opportunity to register the defibrillator pursuant to subsection 4;
(b) On or before January 10, April 10, July 10 and October 10 of each year, notify the Health Division of the name and address of each person who purchased such a defibrillator from the manufacturer during the immediately preceding 3 calendar months; and
(c) Provide to each person who purchases such a defibrillator from the manufacturer information regarding the installation, use, maintenance and operation of the defibrillator and any related training that is available.
4. A person who purchases an automated external defibrillator for commercial use in this State may register the defibrillator with the Health Division by providing the Health Division with his name, street address and telephone number, the name, street address and telephone number of the business or organization on whose premises the defibrillator will be placed for use, and the specific location at which the defibrillator will be stored.
κ2009 Statutes of Nevada, Page 778 (CHAPTER 212, SB 244)κ
Division by providing the Health Division with his name, street address and telephone number, the name, street address and telephone number of the business or organization on whose premises the defibrillator will be placed for use, and the specific location at which the defibrillator will be stored.
5. A person who owns an automated external defibrillator for use in a private residence may register the defibrillator with the Health Division by providing such information concerning the defibrillator as required by the Health Division.
6. The Health Division may impose a civil penalty upon a manufacturer of not more than $500 for each violation of this section by the manufacturer. All money collected from the imposition of a civil penalty must be used for the maintenance of the database established pursuant to subsection 1.
Sec. 4. 1. Except as otherwise provided in NRS 450B.600, the board of trustees of each school district in this State, to the extent that money is available, may provide for the placement of an automated external defibrillator in each public school in the school district and at each athletic facility maintained by the school district at a location that is separate from a public school. Each defibrillator must be appropriate for use on children and adults and be limited to use on school property and at school events. The board of trustees may accept:
(a) The donation of a defibrillator that complies with the standards established by the United States Food and Drug Administration; and
(b) Gifts, grants and donations for use in obtaining, inspecting and maintaining a defibrillator.
2. Each medical facility and health club in this State may provide for the placement of an automated external defibrillator in a central location at the medical facility or health club.
3. Each school district, medical facility and health club that provides for the placement of one or more automated external defibrillators pursuant to this section shall:
(a) Ensure that each defibrillator is inspected and maintained on a regular basis; and
(b) Require any employee who will use a defibrillator to complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any similar organization.
4. As used in this section:
(a) Health club has the meaning ascribed to it in NRS 598.9415.
(b) Medical facility means:
(1) A facility for hospice care as defined in NRS 449.0033;
(2) A facility for intermediate care as defined in NRS 449.0038;
(3) A facility for skilled nursing as defined in NRS 449.0039;
(4) A hospital as defined in NRS 449.012;
(5) An independent center for emergency medical care as defined in NRS 449.013; or
(6) A surgical center for ambulatory patients as defined in NRS 449.019.
(c) School property has the meaning ascribed to it in NRS 701B.350.
κ2009 Statutes of Nevada, Page 779 (CHAPTER 212, SB 244)κ
Sec. 5. NRS 450B.600 is hereby amended to read as follows:
450B.600 1. Not later than July 1, 2004, and thereafter:
(a) The board of trustees of a school district in a county whose population is 100,000 or more shall ensure that at least one automated external defibrillator is placed in a central location at each high school within the district.
(b) The Reno-Tahoe Airport Authority shall ensure that at least three automated external defibrillators are placed in central locations at the largest airport within the county.
(c) The board of county commissioners of each county whose population is 400,000 or more shall ensure that at least seven automated external defibrillators are placed in central locations at the largest airport within the county.
(d) The Board of Regents of the University of Nevada shall ensure that at least two automated external defibrillators are placed in central locations at each of:
(1) The largest indoor sporting arena or events center controlled by the University in a county whose population is 100,000 or more but less than 400,000; and
(2) The largest indoor sporting arena or events center controlled by the University in a county whose population is 400,000 or more.
(e) The Health Division shall ensure that at least one automated external defibrillator is placed in a central location at each of the following state buildings:
(1) The Capitol Building in Carson City;
(2) [The Kinkead Building in Carson City;
(3)] The Legislative Building in Carson City; and
[(4)] (3) The Grant Sawyer Building in Las Vegas.
(f) The board of county commissioners of each county whose population is 100,000 or more shall:
(1) Identify five county buildings or offices in each of their respective counties which are characterized by large amounts of pedestrian traffic or which house one or more county agencies that provide services to large numbers of persons; and
(2) Ensure that at least one automated external defibrillator is placed in a central location at each county building or office identified pursuant to subparagraph (1).
2. Each governmental entity that is required to ensure the placement of one or more automated external defibrillators pursuant to subsection 1:
(a) May accept gifts, grants and donations for use in obtaining, inspecting and maintaining the defibrillators;
(b) Shall ensure that those defibrillators are inspected and maintained on a regular basis; and
(c) Shall encourage the entity where the automated external defibrillator is placed to require any employee who will use the automated external defibrillator to successfully complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any [other] similar organization.
[3. As used in this section, automated external defibrillator means a medical device that:
κ2009 Statutes of Nevada, Page 780 (CHAPTER 212, SB 244)κ
(a) Has been approved by the United States Food and Drug Administration;
(b) Is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia;
(c) Is capable of determining, without intervention by the operator of the device, whether defibrillation should be performed on the patient;
(d) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patients heart; and
(e) Upon action by the operator of the device, delivers to the patients heart an appropriate electrical impulse.]
________
Senate Bill No. 247Senators Horsford, Townsend, Washington, Schneider, Cegavske; Breeden, Care, Carlton, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Rhoads and Woodhouse
CHAPTER 213
AN ACT relating to special legislative license plates; granting to Senator William J. Raggio the use of a special legislative license plate designated State Senator 1 as a lifetime endowment; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Under existing law, the State furnishes a special legislative license plate to each Legislator showing on the face of the license plate State Senator for Senators and State Assemblyman or State Assemblywoman for Assembly members, followed by a number which designates the Legislators seniority in his or her respective body. (NRS 482.374) Unless otherwise provided in a special act, after a Legislator leaves office and a successor has been elected or appointed, it is unlawful for the former Legislator to use on his vehicle the special legislative license plate. (NRS 218.048) This bill grants to Senator William J. Raggio a special legislative license plate designated State Senator 1 as a lifetime endowment.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The special legislative license plate assigned to Senator William J. Raggio and showing on its face State Senator 1 is hereby granted as a lifetime endowment to Senator Raggio regardless of whether he continues to serve in the Senate of this State. This endowment is made in recognition of Senator Raggios unprecedented length of service in the Nevada Senate where he has served as a Senator since 1972, making him the longest-serving State Senator in Nevada history, including his service as the Senate Majority Floor Leader for 20 years.
Sec. 2. After Senator Raggio completes his service in the Senate of this State, the Legislators who serve in the Senate shall be furnished special legislative license plates in such a manner that the member of the Senate who has the greatest seniority will be furnished a plate showing on its face State Senator 2 and the remaining members of the Senate must be furnished special legislative license plates in the manner set forth in subsection 1 of NRS 482.374.
κ2009 Statutes of Nevada, Page 781 (CHAPTER 213, SB 247)κ
State Senator 2 and the remaining members of the Senate must be furnished special legislative license plates in the manner set forth in subsection 1 of NRS 482.374.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 254Senator Nolan (by request)
CHAPTER 214
AN ACT relating to attorneys; providing that an attorney who performs the functions of a real estate broker in certain transactions must comply with the same ethical standards that apply to real estate brokers; providing that an attorney who violates such standards may be disciplined by the State Bar of Nevada; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Under existing law, an attorney licensed in this State may act as a real estate broker in real estate transactions. (Chapter 645 of NRS) Section 1 of this bill provides that an attorney who performs the functions of a real estate broker in a real estate transaction must comply with the same ethical standards that apply to real estate brokers but is not required to be licensed as a real estate broker under chapter 645 of NRS. Section 1 also provides that an attorney who fails to comply with any such standard when he performs the functions of a real estate broker may be disciplined by the State Bar of Nevada.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 7 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An attorney licensed in this State who performs the functions of a real estate broker in a real estate transaction shall comply with the standards of business ethics that apply to a real estate broker pursuant to chapter 645 of NRS, including, without limitation, such standards set forth in NRS 645.635 and 645.645.
2. An attorney who performs the functions of a real estate broker and who does not comply with the standards of business ethics that apply to a real estate broker as required pursuant to subsection 1 may be disciplined by the State Bar of Nevada pursuant to the rules of the Supreme Court.
3. The provisions of this section do not require an attorney who performs the functions of a real estate broker in a real estate transaction to obtain a license to practice as a real estate broker pursuant to chapter 645 of NRS.
________
κ2009 Statutes of Nevada, Page 782κ
Senate Bill No. 287Senator Wiener
CHAPTER 215
AN ACT relating to personal financial administration; revising provisions concerning the appointment of a guardian; providing for the classification of trusts; providing for the administration of directed trusts; adopting provisions governing the administration of trusts; revising provisions concerning spendthrift trusts; exempting certain property of a trust from execution and attachment; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Section 1 of this bill revises existing law to allow a court to appoint a person convicted of a felony as a guardian if the court determines such conviction should not disqualify that person. (NRS 159.059)
Section 2 of this bill revises existing law to allow any interested person to petition a court for an order authorizing a guardian to take certain actions. (NRS 159.078)
Sections 4-37 of this bill adopt provisions relating to trusts. (Chapter 163 of NRS) Sections 13-19 provide for the classification of certain trusts. Section 13 provides that: (1) a creditor may not exercise and a court may not order a beneficiary or a trustee to exercise certain powers or discretion; (2) trust property is not subject to the personal obligations of the trustee; and (3) a settlor may provide in a trust instrument for limitations on a beneficiarys power to transfer his interests. Section 15 sets forth the factors for determining when a settlor or beneficiary may be exercising undue influence over a trust. Section 16 provides factors for determining when a settlor is the alter ego of a trustee. Section 17 provides the classifications of a distribution interest and how such interests are divided in a trust. Section 18 provides that a beneficiary has an enforceable right to distribution of a support interest. Section 19 describes the discretion a trustee may exercise with regard to the distribution of certain interests.
Sections 20-37 of this bill adopt provisions concerning directed trusts. Section 30 limits the liability of certain fiduciaries. Section 32 provides when an adviser to a trust is also considered a fiduciary. Section 33 prescribes the powers and duties of a protector of a trust. Section 34 requires certain persons who help facilitate a trust to submit to the jurisdiction of this State. Section 35 sets forth the powers and discretion that certain persons who assist in facilitating the administration of a trust may execute. Section 36 limits the claims a creditor can bring against a settlor or beneficiary. Section 37 provides for the transfer of trust assets to another trust under certain circumstances.
Sections 38-42 of this bill amend existing law regarding trusts to provide greater ability of a settlor or beneficiary to modify or terminate a trust and to account for changes in a trust related to federal or state taxes. (NRS 163.030, 163.050, 163.185, 163.260)
Sections 44-50 of this bill adopt provisions governing the administration of trusts. (Chapter 164 of NRS) Section 44 provides a process to contest an irrevocable trust. Section 45 provides that certain persons, if not already represented, may be represented by certain other persons with similar interests in proceedings concerning the administration of a trust. Section 46 grants a trustee the power to convert a trust into a unitrust. Sections 47-49 provide for the administration of a unitrust. Section 50 provides for the distribution of community property in a nontestamentary trust established by married settlors.
κ2009 Statutes of Nevada, Page 783 (CHAPTER 215, SB 287)κ
Section 51 of this bill amends existing procedures for proceedings against a nontestamentary trust. (NRS 164.015)
Sections 58-60 of this bill amend existing law concerning the powers and responsibilities of a settlor or trustee for a spendthrift trust. (NRS 166.040, 166.120, 166.170)
Sections 61, 63 and 64 of this bill provide for the exemption of certain trust property, interests or powers from execution or attachment. (NRS 21.075, 21.090, 31.045)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 159.059 is hereby amended to read as follows:
159.059 Except as otherwise provided in NRS 159.0595, any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who:
1. Is an incompetent.
2. Is a minor.
3. Has been convicted of a felony , [relating to the position of a guardian,] unless the court [finds that it is in the best interests of the ward to appoint the convicted felon] determines that such conviction should not disqualify the person from serving as the guardian of the ward.
4. Has been suspended for misconduct or disbarred from:
(a) The practice of law;
(b) The practice of accounting; or
(c) Any other profession which:
(1) Involves or may involve the management or sale of money, investments, securities or real property; and
(2) Requires licensure in this State or any other state,
Κ during the period of the suspension or disbarment.
5. Is a nonresident of this State and:
(a) Is not a foreign guardian of a nonresident proposed ward pursuant to subsection 2 of NRS 159.049;
(b) Has not associated as a coguardian, a resident of this State or a banking corporation whose principal place of business is in this State; and
(c) Is not a petitioner in the guardianship proceeding.
6. Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect or exploitation of a child, spouse, parent or other adult, unless the court finds that it is in the best interests of the ward to appoint the person as the guardian of the ward.
Sec. 2. NRS 159.078 is hereby amended to read as follows:
159.078 1. Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:
(a) Make or change the last will and testament of the ward.
(b) Except as otherwise provided in this paragraph, make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary. The guardian is not required to petition the court for an order authorizing the guardian to utilize an asset which has a designated beneficiary, including the closure or discontinuance of the asset, for the benefit of a ward if:
(1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the ward;
κ2009 Statutes of Nevada, Page 784 (CHAPTER 215, SB 287)κ
(2) The asset, or the aggregate amount of all the assets if there is more than one type of asset, has a value that does not exceed $5,000; or
(3) The asset is a bank account, investment fund or insurance policy and is required to be closed or discontinued in order for the ward to qualify for a federal program of public assistance.
(c) Create for the benefit of the ward or others a revocable or irrevocable trust of the property of the estate.
(d) Except as otherwise provided in this paragraph, exercise the right of the ward to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:
(1) Evidences an intent of the ward to reserve the right of revocation or modification exclusively to the ward;
(2) Provides expressly that a guardian may not revoke or modify the trust; or
(3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.
2. Any other interested person may also petition the court for an order authorizing or directing the guardian to take any action described in subsection 1.
3. The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the [guardian proves] court finds by clear and convincing evidence that:
(a) A reasonably prudent person or the ward, if competent, would take the proposed action and that a person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the ward or estate of the ward and that person:
(1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the ward; or
(2) Will benefit from the lack of such an instrument; [and] or
(b) [A reasonably prudent person or the ward, if competent, would take the proposed action.] The proposed action is otherwise in the best interests of the ward for any other reason not listed in this section.
[3.] 4. The petition must [be signed by the guardian and contain:] contain, to the extent known by the petitioner:
(a) The name, date of birth and current address of the ward;
(b) A concise statement as to the condition of the wards estate; and
(c) A concise statement as to the necessity for the proposed action.
[4.] 5. As used in this section:
(a) Exploitation means any act taken by a person who has the trust and confidence of a ward or any use of the power of attorney of a ward to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the wards money, assets or property.
(2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of his money, assets or property.
κ2009 Statutes of Nevada, Page 785 (CHAPTER 215, SB 287)κ
Κ As used in this paragraph, undue influence does not include the normal influence that one member of a family has over another.
(b) Fraud means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the wards rights or property or to otherwise injure the ward.
(c) Interested person has the meaning ascribed to it in NRS 132.185 and also includes a named beneficiary under a trust or other instrument if the validity of the trust or other instrument may be in question.
Sec. 3. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 37, inclusive, of this act.
Sec. 4. As used in sections 4 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 5. Beneficial interest means a distribution interest or a remainder interest, but does not include a power of appointment or a power reserved by the settlor.
Sec. 6. Beneficiary means a person that has a present or future beneficial interest in a trust, vested or contingent, but does not include the holder of a power of appointment.
Sec. 7. Distribution beneficiary means a beneficiary who is eligible or permitted to receive trust income or principal.
Sec. 8. Distribution interest means a present or future interest in trust income or principal, which may be a mandatory, support or discretionary interest, held by a distribution beneficiary.
Sec. 9. Power of appointment means an inter vivos or testamentary power, held by a person other than the settlor, to direct the disposition of trust property, other than a distribution decision by a trustee to a beneficiary.
Sec. 10. Remainder interest means an interest where a trust beneficiary will receive the property from a trust outright at some time in the future.
Sec. 11. Reserved power means a power concerning a trust held by the settlor.
Sec. 12. The provisions of sections 4 to 19, inclusive, of this act do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of sections 4 to 19, inclusive, of this act.
Sec. 13. 1. A creditor may not exercise, and a court may not order the exercise of:
(a) A power of appointment or any other power concerning a trust that is held by a beneficiary;
(b) Any power listed in section 33 of this act that is held by a trust protector as defined in section 29 of this act or any other person;
(c) A trustees discretion to:
(1) Distribute any discretionary interest;
(2) Distribute any mandatory interest which is past due directly to a creditor; or
(3) Take any other authorized action in a specific way; or
(d) A power to distribute a beneficial interest of a trustee solely because the beneficiary is a trustee.
2. Trust property is not subject to the personal obligations of the trustee, even if the trustee is insolvent or bankrupt.
κ2009 Statutes of Nevada, Page 786 (CHAPTER 215, SB 287)κ
3. A settlor may provide in the terms of the trust instrument that a beneficiarys beneficial interest may not be transferred, voluntarily or involuntarily, before the trustee has delivered the interest to the beneficiary.
Sec. 14. Except as otherwise provided in the trust instrument, the trustee is not required to consider a beneficiarys assets or resources in determining whether to make a distribution of trust assets.
Sec. 15. If a party asserts that a beneficiary or settlor is exercising improper dominion or control over a trust, the following factors, alone or in combination, must not be considered exercising improper dominion or control over a trust:
1. A beneficiary is serving as a trustee.
2. The settlor or beneficiary holds unrestricted power to remove or replace a trustee.
3. The settlor or beneficiary is a trust administrator, general partner of a partnership, manager of a limited-liability company, officer of a corporation or any other manager of any other type of entity and all or part of the trust property consists of an interest in the entity.
4. The trustee is a person related by blood, adoption or marriage to the settlor or beneficiary.
5. The trustee is the settlor or beneficiarys agent, accountant, attorney, financial adviser or friend.
6. The trustee is a business associate of the settlor or beneficiary.
Sec. 16. Absent clear and convincing evidence, a settlor of an irrevocable trust shall not be deemed to be the alter ego of a trustee of an irrevocable trust. If a party asserts that a settlor of an irrevocable trust is alter ego of a trustee of the trust, the following factors, alone or in combination, are not sufficient evidence for a court to find that the settlor controls or is the alter ego of a trustee:
1. The settlor has signed checks, made disbursements or executed other documents related to the trust as the trustee and the settlor is not a trustee, if the settlor has done so in isolated incidents.
2. The settlor has made requests for distributions on behalf of a beneficiary.
3. The settlor has made requests for the trustee to hold, purchase or sell any trust property.
4. The settlor has engaged in any one of the activities, alone or in combination, listed in section 15 of this act.
Sec. 17. 1. A distribution interest may be classified as:
(a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution.
(b) A support interest if the distribution of a support interest contains a standard for distribution for the support of a person which may be interpreted by the trustee or a court, as necessary. A provision in a trust which provides a support interest may contain mandatory language which a trustee must follow.
(c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.
2. If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:
κ2009 Statutes of Nevada, Page 787 (CHAPTER 215, SB 287)κ
(a) A mandatory interest only to the extent of the mandatory language provided in the trust;
(b) A support interest only to the extent of the support language provided in the trust; and
(c) A discretionary interest for any remaining trust property.
3. If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.
Sec. 18. 1. A beneficiary of a support interest has an enforceable right to distribution thereof and may petition a court for review of the distribution.
2. A court may review a trustees decision to distribute a support interest for unreasonableness, dishonesty, improper motivation or failure to act.
Sec. 19. 1. A court may review a trustees exercise of discretion concerning a discretionary interest only if the trustee acts dishonestly, with improper motive or fails to act.
2. A trustee given discretion in a trust instrument that is described as sole, absolute, uncontrolled, unrestricted or unfettered discretion, or with similar words, has no duty to act reasonably in the exercise of that discretion.
3. Absent express language in a trust to the contrary, if a discretionary interest permits unequal distributions between beneficiaries or to the exclusion of other beneficiaries, the trustee may distribute all of the undistributed income and principal to one beneficiary in the trustees discretion.
4. Regardless of whether a beneficiary has an outstanding creditor, a trustee of a discretionary interest may directly pay any expense on the beneficiarys behalf and may exhaust the income and principal of the trust for the benefit of such beneficiary.
Sec. 20. As used in sections 20 to 37, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 21 to 29, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 21. Custodial account means an account:
1. Established by a person with a bank, as defined in 26 U.S.C. § 408(n), or with a person approved by the Internal Revenue Service as satisfying the requirements to be a nonbank trustee or nonbank passive trustee pursuant to regulations established by the United States Treasury pursuant to 26 U.S.C. § 408; and
2. Governed by an instrument concerning the establishment or maintenance of an individual retirement account, qualified retirement plan, an Archer medical savings account, health savings account, a Coverdell education savings account or any similar retirement or savings account permitted under the Internal Revenue Code of 1986.
Sec. 22. Custodial account owner means any person who:
1. Establishes a custodial account;
2. Has the power to designate the beneficiaries or appoint the custodian of the custodial account;
3. Has the power to direct the investment, disposition or retention of any assets in the custodial account; or
κ2009 Statutes of Nevada, Page 788 (CHAPTER 215, SB 287)κ
4. Can name an authorized designee to perform the actions described in subsection 3.
Sec. 23. Distribution trust adviser means a fiduciary given authority by an instrument to exercise any or all powers and discretion set forth in section 35 of this act.
Sec. 24. Excluded fiduciary means any fiduciary excluded from exercising certain powers under the instrument and those powers may be exercised by the settlor, custodial account owner, investment trust adviser, trust protector, trust committee or other person designated in the instrument.
Sec. 25. Fiduciary means a trustee or custodian under any instrument, or an executor, administrator or personal representative of a decedents estate or any other person, including an investment trust adviser, trust protector or a trust committee which is acting in a fiduciary capacity for any person, trust or estate.
Sec. 26. Instrument means any revocable or irrevocable trust instrument created inter vivos or testamentary or any custodial account agreement.
Sec. 27. Investment trust adviser means a fiduciary given authority by the instrument to exercise any or all of the powers and discretion set forth in section 35 of this act.
Sec. 28. Trust adviser means a distribution trust adviser or investment trust adviser.
Sec. 29. Trust protector means any person whose appointment is provided for in the instrument.
Sec. 30. 1. An excluded fiduciary is not liable, individually or as a fiduciary for any loss which results from:
(a) Complying with a direction of a trust adviser, custodial account owner or authorized designee of a custodial account owner;
(b) A failure to take any action proposed by an excluded fiduciary which requires prior authorization of the trust adviser if the excluded fiduciary timely sought but failed to obtain such authorization; or
(c) Any action taken at the direction of a trust protector.
2. An excluded fiduciary is not liable for any obligation to perform an investment or suitability review, inquiry or investigation or to make any recommendation or evaluation with respect to any investment, to the extent that the trust adviser, custodial account owner or authorized designee of a custodial account owner had authority to direct the acquisition, disposition or retention of such investment.
3. The provisions of this section do not impose an obligation or liability on a custodian of a custodial account for providing any authorization.
Sec. 31. If the instrument provides, an excluded fiduciary may continue to follow the direction of a trust adviser upon the incapacity or death of the settlor of the trust.
Sec. 32. If one or more trust advisers are given authority, by the terms of an instrument, to direct, consent to or disapprove a fiduciarys investment decisions, the investment trust advisers shall be considered fiduciaries when exercising that authority unless the instrument provides otherwise.
Sec. 33. 1. A trust protector may exercise the powers provided to him in the instrument in the best interests of the trust. The powers exercised by a trust protector are at his sole discretion and are binding on all other persons.
κ2009 Statutes of Nevada, Page 789 (CHAPTER 215, SB 287)κ
exercised by a trust protector are at his sole discretion and are binding on all other persons. The powers granted to a trust protector may include, without limitation, the power to:
(a) Modify or amend the instrument to achieve a more favorable tax status or to respond to changes in federal or state law.
(b) Modify or amend the instrument to take advantage of changes in the rule against perpetuities, restraints on alienation or other state laws restricting the terms of a trust, the distribution of trust property or the administration of the trust.
(c) Increase or decrease the interests of any beneficiary under the trust.
(d) Modify the terms of any power of appointment granted by the trust. A modification or amendment may not grant a beneficial interest to a person which was not specifically provided for under the trust instrument.
(e) Remove and appoint a trustee, trust adviser, investment committee member or distribution committee member.
(f) Terminate the trust.
(g) Direct or veto trust distributions.
(h) Change the location or governing law of the trust.
(i) Appoint a successor trust protector or trust adviser.
(j) Interpret terms of the instrument at the request of the trustee.
(k) Advise the trustee on matters concerning a beneficiary.
(l) Review and approve a trustees reports or accounting.
2. The powers provided pursuant to subsection 1 may be incorporated by reference to this section at the time a testator executes a will or a settlor signs a trust instrument. The powers provided pursuant to subsection 1 may be incorporated in whole or in part.
Sec. 34. If a person accepts an appointment to serve as a trust protector or a trust adviser of a trust subject to the laws of this State, the person submits to the jurisdiction of the courts of this State, regardless of any term to the contrary in an agreement or instrument. A trust protector or a trust adviser may be made a party to an action or proceeding arising out of a decision or action of the trust protector or trust adviser.
Sec. 35. 1. An instrument may provide for the appointment of a person to act as an investment trust adviser or a distribution trust adviser with regard to investment decisions or discretionary distributions.
2. An investment trust adviser may exercise the powers provided to him in the instrument in the best interests of the trust. The powers exercised by an investment trust adviser are at his sole discretion and are binding on all other persons. The powers granted to an investment trust adviser may include, without limitation, the power to:
(a) Direct the trustee with respect to the retention, purchase, sale or encumbrance of trust property and the investment and reinvestment of principal and income of the trust.
(b) Vote proxies for securities held in trust.
(c) Select one or more investment advisers, managers or counselors, including the trustee, and delegate to such persons any of the powers of the investment trust adviser.
3. A distribution trust adviser may exercise the powers provided to him in the instrument in the best interests of the trust. The powers exercised by a distribution trust adviser are at his sole discretion and are binding on all other persons. Except as otherwise provided in the instrument, the distribution trust adviser shall direct the trustee with regard to all discretionary distributions to a beneficiary.
κ2009 Statutes of Nevada, Page 790 (CHAPTER 215, SB 287)κ
instrument, the distribution trust adviser shall direct the trustee with regard to all discretionary distributions to a beneficiary.
Sec. 36. 1. Except as otherwise provided in subsection 2, a creditor of a settlor may not seek to satisfy a claim against the settlor from the assets of a trust if the settlors sole interest in the trust is the existence of a discretionary power granted to a person other than the settlor by the terms of the trust or by operation of law or to reimburse the settlor for any tax on trust income or principal which is payable by the settlor under the law imposing such tax.
2. The provisions of subsection 1 do not apply to trust property transferred by the settlor to the extent a creditor can prove the transfer was fraudulent pursuant to chapter 112 of NRS or was otherwise wrongful as to that creditor.
3. For purposes of this section, a beneficiary of a trust shall be deemed to not be a settlor of a trust because of a lapse, waiver or release of the beneficiarys right to withdraw part or all of the trust property if the value of the property which could have been withdrawn by exercising the right of withdrawal in any calendar year does not, at the time of the lapse, waiver or release, exceed the greater of the amount provided in 26 U.S.C. § 2041(b)(2), 26 U.S.C. § 2503(b) or 26 U.S.C. § 2514(e), as amended, or any successor provision.
Sec. 37. 1. Unless the terms of a testamentary instrument or irrevocable trust provide otherwise, a trustee with discretion or authority to distribute trust income or principal to or for a beneficiary of the trust may exercise such discretion or authority by appointing the property subject to such discretion or authority in favor of a second trust for the benefit of one or more of those beneficiaries.
2. Notwithstanding subsection 1, a trustee may not appoint property of the original trust to a second trust if:
(a) The second trust includes a beneficiary who is not a beneficiary of the original trust. For purposes of this paragraph, a permissible appointee of a power of appointment exercised by a beneficiary of the second trust is not considered a beneficiary of the second trust.
(b) Appointing the property will reduce any current fixed income interest, annuity interest or unitrust interest of a beneficiary of the original trust. As used in this paragraph, unitrust has the meaning ascribed to it in NRS 164.700.
(c) A contribution made to the original trust qualified for a marital or charitable deduction for federal or state income, gift or estate taxes or qualified for a gift tax exclusion for federal or state tax purposes and the terms of the second trust include a provision which if included in the original trust would prevent the original trust from qualifying for the tax deduction or exclusion.
(d) The property to be appointed is subject to a power of withdrawal which is held by a beneficiary of the original trust and may be executed at the time of the proposed appointment.
(e) Property specifically allocated for one beneficiary of the original trust is no longer allocated for that beneficiary under either or both trusts, unless the beneficiary consents in writing.
κ2009 Statutes of Nevada, Page 791 (CHAPTER 215, SB 287)κ
(f) Property held for the benefit of one or more beneficiaries under both the original and the second trust has a lower value than the value of the property held for the benefit of the same beneficiaries under only the original trust, unless:
(1) The benefit provided is limited to a specific amount or periodic payments of a specific amount; and
(2) The value of the property held in either or both trusts for the benefit of one or more beneficiaries is actuarially adequate to provide the benefit.
(g) Under the second trust:
(1) Discretionary distributions may be made by the trustee to a beneficiary or group of beneficiaries of the original trust;
(2) Distributions are not limited by an ascertainable standard; and
(3) A beneficiary or group of beneficiaries has the power to remove and replace the trustee of the second trust with a beneficiary of the second trust or with a trustee that is related to or subordinate to a beneficiary of the second trust.
3. Notwithstanding the provisions of subsection 1, a trustee who is a beneficiary of the original trust may not exercise the authority to appoint property of the original trust to a second trust if:
(a) Under the terms of the original trust or pursuant to law governing the administration of the original trust:
(1) The trustee does not have discretion to make distributions to himself;
(2) The trustees discretion to make distributions to himself is limited by an ascertainable standard; or
(3) The trustees discretion to make distributions to himself can only be exercised with the consent of a cotrustee or a person holding an adverse interest and under the terms of the second trust the trustees discretion to make distributions to himself is not limited by an ascertainable standard and may be exercised without consent; or
(b) Under the terms of the original trust or pursuant to law governing the administration of the original trust, the trustee of the original trust does not have discretion to make distributions that will discharge the trustees legal support obligations but under the second trust the trustees discretion is not limited.
4. Before appointing property pursuant to subsection 1, a trustee may give notice of a proposed action pursuant to NRS 164.725 or may petition a court for approval pursuant to NRS 153.031, 164.015 or 164.725. Any notice of a proposed action or a petition for a courts approval must include the trustees opinion of how the appointment of property will affect the trustees compensation and the administration of other trust expenses.
5. Notwithstanding the provisions of subsection 2 or 3, the trust instrument of the second trust may:
(a) Grant a power of appointment to one or more of the beneficiaries of the second trust who are proper objects of the exercise of the power in the original trust. The power of appointment includes, without limitation, the power to appoint trust property to the holder of the power, the holders creditors, the holders estate, the creditors of the holders estate or any other person.
(b) Provide that, at a time or occurrence of an event specified in the trust instrument, the remaining trust assets in the second trust must be held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.
κ2009 Statutes of Nevada, Page 792 (CHAPTER 215, SB 287)κ
held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.
6. The power to appoint the property of the original trust pursuant to subsection 1 must be exercised by a writing, signed by the trustee and filed with the records of the trust.
7. The exercise of the power to invade principal of the original trust pursuant to subsection 1 is considered the exercise of a power of appointment, other than power to appoint the property to the trustee, the trustees creditors, the trustees estate or the creditors of the trustees estate and the provisions of NRS 111.1031 apply to such power of appointment.
8. The provisions of this section do not abridge the right of any trustee who has the power to appoint property which arises under any other law.
9. The provisions of this section do not impose upon a trustee a duty to exercise the power to appoint property pursuant to subsection 1.
10. The power to appoint property to another trust pursuant to subsection 1 is not a power to amend the trust and a trustee is not prohibited from appointing property to another trust pursuant to subsection 1 if the original trust is irrevocable or provides that it may not be amended.
11. A trustees power to appoint property to another trust pursuant to subsection 1 is not limited by the existence of a spendthrift provision in the original trust.
12. A trustee exercising any power granted pursuant to this section may designate himself or any other person permitted to act as a trustee as the trustee of the second trust.
13. The trustee of a second trust, resulting from the exercise of the power to appoint property to another trust pursuant to subsection 1, may also exercise the powers granted pursuant to this section with respect to the second trust.
14. As used in this section, ascertainable standard means a standard relating to an individuals health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any regulations of the United States Treasury promulgated thereunder.
Sec. 38. NRS 163.002 is hereby amended to read as follows:
163.002 Except as otherwise provided by specific statute, a trust may be created by any of the following methods:
1. A declaration by the owner of property that he holds the property as trustee.
2. A transfer of property by the owner during his lifetime to another person as trustee.
3. A testamentary transfer of property by the owner to another person as trustee.
4. An exercise of a power of appointment [to another person as trustee.] in trust.
5. An enforceable promise to create a trust.
Sec. 39. NRS 163.030 is hereby amended to read as follows:
163.030 1. Except as provided in NRS 163.040, no corporate trustee shall lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate . [; nor shall any]
κ2009 Statutes of Nevada, Page 793 (CHAPTER 215, SB 287)κ
2. Except as otherwise:
(a) Provided in a trust instrument and:
(1) Consented to by all beneficiaries of the trust; or
(2) Performed in accordance with a notice of a proposed action provided pursuant to NRS 164.725; or
(b) Approved by a court,
Κ a noncorporate trustee , including a limited-liability company, shall not lend trust funds to itself, himself, or to [his] a relative, employer, employee, partner, member or other business associate.
Sec. 40. NRS 163.050 is hereby amended to read as follows:
163.050 1. Except as otherwise provided in subsection 2, no trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of a trustee, except with the prior approval of the court having jurisdiction of the trust estate.
2. If authorized by the trust instrument or consented to by all beneficiaries of the trust, a [corporate] trustee may directly or indirectly buy or sell any property [, other than real property,] for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of the trustee.
Sec. 41. (Deleted by amendment.)
Sec. 42. NRS 163.260 is hereby amended to read as follows:
163.260 1. [By an expressed intention of the testator or settlor to do so contained in a] Except as otherwise expressly provided by a testator in a will [,] or by a settlor in [an] a trust instrument , [in writing whereby a trust estate is created inter vivos, any or] all of the powers [or any portion thereof] enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time that the first settlor signs the trust instrument or places his electronic signature on the trust instrument, if it is an electronic trust, [may] must be [, by appropriate reference made thereto,] incorporated in such will or [other written] trust instrument [,] as to the fiduciaries appointed under that will or trust with the same effect as though such language were set forth verbatim in the instrument. Incorporation of [one or more of] the powers contained in NRS 163.265 to 163.410, inclusive, [by reference to the proper section shall] must be in addition to and not in limitation of the common-law or statutory powers of the fiduciary.
2. A fiduciary shall not have or exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. Notwithstanding any other provision of law, any power purportedly granted to a personal representative or a trustee, either in a will or a trust instrument, is void if having or exercising such power would deprive the will or trust of the intended tax consequences. Tax includes, but is not limited to, any federal income, gift, estate , generation skipping transfer or inheritance tax.
κ2009 Statutes of Nevada, Page 794 (CHAPTER 215, SB 287)κ
3. [This section does not prevent the incorporation of the] The powers enumerated in NRS 163.265 to 163.410, inclusive, may be incorporated by reference as to any fiduciary appointed in any other kind of instrument or agreement [.] where a fiduciary is appointed.
4. As used in this section, electronic will has the meaning ascribed to it in NRS 132.119.
Sec. 43. Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 44 to 50, inclusive, of this act.
Sec. 44. 1. When a revocable trust becomes irrevocable because of the death of a settlor or by the express terms of the trust, the trustee may, within 90 days after the trust becomes irrevocable, provide notice to any beneficiary of the irrevocable trust, any heir of the settlor or to any other interested person.
2. The notice provided by the trustee must contain:
(a) The identity of the settlor of the trust and the date of execution of the trust instrument;
(b) The name, mailing address and telephone number of any trustee of the trust;
(c) Any provision of the trust instrument which pertains to the beneficiary or notice that the heir or interested person is not a beneficiary under the trust;
(d) Any information required to be included in the notice expressly provided by the trust instrument; and
(e) A statement set forth in a separate paragraph, in 12-point boldface type or an equivalent type which states: You may not bring an action to contest the trust more than 120 days from the date this notice is served upon you.
3. The trustee shall serve the notice pursuant to the provisions of NRS 155.010.
4. No person upon whom notice is served pursuant to this section may bring an action to contest the validity of the trust more than 120 days from the date the notice is served upon him, unless he proves that he did not receive actual notice.
Sec. 45. 1. Unless otherwise represented by counsel, a minor, incapacitated person, unborn person or person whose identity or location is unknown and not reasonably ascertainable may be represented by another person who has a substantially similar interest with respect to the question or dispute.
2. A person may only be represented by another person pursuant to subsection 1 if there is no material conflict of interest between the person and the representative with respect to the question or dispute for which the person is being represented. If a person is represented pursuant to subsection 1, the results of that representation in the question or dispute will be binding on the person.
3. A presumptive remainder beneficiary may represent and bind a beneficiary with a contingent remainder for the same purpose, in the same circumstance and to the same extent as an ascertainable beneficiary may bind a minor, incapacitated person, unborn person or person who cannot be ascertained.
4. If a trust has a minor or incapacitated beneficiary who may not be represented by another person pursuant to this section, the custodial parent or guardian of the estate of the minor or incapacitated beneficiary may represent the minor or incapacitated beneficiary in any judicial proceeding or nonjudicial matter pertaining to the trust.
κ2009 Statutes of Nevada, Page 795 (CHAPTER 215, SB 287)κ
represent the minor or incapacitated beneficiary in any judicial proceeding or nonjudicial matter pertaining to the trust. A minor or incapacitated beneficiary may only be represented by a parent or guardian if there is no material conflict of interest between the minor or incapacitated beneficiary and the parent or guardian with respect to the question or dispute. If a minor or incapacitated beneficiary is represented pursuant to this subsection, the results of that representation will be binding on the minor or incapacitated beneficiary. The representation of a minor or incapacitated beneficiary pursuant to this subsection is binding on an unborn person or a person who cannot be ascertained if:
(a) The unborn person or a person who cannot be ascertained has an interest substantially similar to the minor or incapacitated person; and
(b) There is no material conflict of interest between the unborn person or a person who cannot be ascertained and the minor or incapacitated person with respect to the question or dispute.
5. As used in this section, presumptive remainder beneficiary means:
(a) A beneficiary who would receive income or principal of the trust if the trust were to terminate as of that date, regardless of the exercise of a power of appointment; or
(b) A beneficiary who, if the trust does not provide for termination, would receive or be eligible to receive distributions of income or principal of the trust if all beneficiaries of the trust who were receiving or eligible to receive distributions were deceased.
Sec. 46. 1. Unless expressly prohibited by the trust instrument, a trustee may convert a trust into a unitrust if:
(a) The trustee determines conversion to a unitrust will better enable the trustee to carry out the intent of the settlor and the purpose of the trust;
(b) The trustee gives written notice of his intention to convert the trust to a unitrust, including how the unitrust will operate, the income distributions rate established pursuant to subsection 3 of section 47 of this act and subsection 1 of section 49 of this act, and what initial decisions the trustee will make pursuant to this section, to all beneficiaries who:
(1) Are presently eligible to receive income from the trust;
(2) Would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of any beneficiary eligible to receive income terminated immediately before the trustee gives notice; and
(3) Would receive, if a power of appointment were not exercised, a distribution of principal if the trust terminated immediately before the trustee gives notice;
(c) There is at least one beneficiary who meets the requirements of subparagraph (1) of paragraph (b) and at least one beneficiary who meets the requirements of subparagraph (2) of paragraph (b); and
(d) No beneficiary objects, in writing and delivered to the trustee within 60 days of the mailing of the notice, to the conversion of the trust to a unitrust.
2. If a beneficiary timely objects to converting a trust into a unitrust, or if there are no beneficiaries under either subparagraph (1) or (3) of paragraph (b) of subsection 1, the trustee may petition the court to approve the conversion of the trust into a unitrust. The court shall approve the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.
κ2009 Statutes of Nevada, Page 796 (CHAPTER 215, SB 287)κ
conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.
3. A beneficiary may request that a trustee convert a trust into a unitrust. If the trustee does not convert the trust, the beneficiary may petition the court to order the conversion. The court shall direct the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.
4. A trustee, in determining whether and to what extent to convert a trust to a unitrust pursuant to subsection 1, shall consider all factors relevant to the trust and to the beneficiaries, including the factors set forth in subsection 2 of NRS 164.795, as applicable.
5. A conversion of a trust to a unitrust does not affect a term of the trust directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw all or a portion of the principal.
6. A trustee may not convert a trust into a unitrust in any circumstance set forth in subsection 3 of NRS 164.795.
7. If a trustee is prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to the trustee and if there is a cotrustee to whom such provisions do not apply, the cotrustee may convert the trust unless the exercise of the power by the remaining trustee is not permitted by the terms of the trust. If all trustees are prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to all of the trustees, the trustees may petition the court to direct a conversion.
8. A trustee may permanently, or for a specified period, including a period measured by the life of a person, release the power to convert a trust pursuant to subsection 1 if:
(a) He is uncertain about whether possessing or exercising the power of conversion will cause a result described in paragraphs (a) to (f), inclusive, or (h) of subsection 3 of NRS 164.795; or
(b) He determines that possessing or exercising the power of conversion may or will deprive the trust of a tax benefit or impose a tax burden not described in subsection 3 of NRS 164.795.
9. A trustee or disinterested person who, in good faith, fails to take any action under this section is not liable to any person affected by such action or inaction, regardless of whether the affected person received notice as provided in this section or was under a legal disability at the time of delivery of notice. An affected persons exclusive remedy is to petition the court for an order directing the trustee to convert the trust into a unitrust, to reconvert a unitrust into a trust or to change the percentage used to calculate the unitrust amount.
10. This section shall be construed to pertain to the administration of a trust, and the provisions of this section are available to any trust administered in this State or that is governed by the laws of this State, unless:
(a) The terms of the trust instrument show an intent that a beneficiary is to receive an amount other than a reasonable current return from the trust;
κ2009 Statutes of Nevada, Page 797 (CHAPTER 215, SB 287)κ
(b) The trust:
(1) Has a guaranteed annuity interest or fixed percentage interest as described in section 170(f)(2)(B) of the Internal Revenue Code;
(2) Is a charitable remainder trust within the meaning of section 664(d) of the Internal Revenue Code;
(3) Is a qualified subchapter S trust within the meaning of section 1361(c) of the Internal Revenue Code;
(4) Is a personal residence trust within the meaning of section 2702(a)(3)(A) of the Internal Revenue Code; or
(5) Is a trust in which one or more settlors retain a qualified interest within the meaning of section 2702(b) of the Internal Revenue Code;
(c) One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard or that can be exercised to discharge a duty of support; or
(d) The terms of the trust instrument expressly prohibit the use of the provisions of this section through reference to this section or the trust instrument expressly states the settlors intent that net income is not calculated as a unitrust amount.
11. As used in this section, ascertainable standard means a standard relating to an individuals health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any regulations of the United States Treasury promulgated thereunder.
Sec. 47. After a trust is converted into a unitrust:
1. A trustee shall follow an investment policy seeking a total return for the investments held by the trust whether or not the return is derived from appreciation of capital, from earnings and distributions of capital or from a combination thereof.
2. A trustee shall make regular distributions in accordance with the trust instrument and the provisions of this section.
3. Under the terms of the trust, the term income means an annual distribution from the trust equal to not less than 3 percent and not more than 5 percent of the net fair market value of the trusts assets. The value of the trust assets must be determined at the end of the calendar year by averaging, over the preceding 3 years or during the period of the trusts existence, whichever is less, both the income and the principal assets of the trust.
Sec. 48. 1. A trustee of a unitrust may, in the trustees discretion, determine:
(a) The effective date of a conversion to a unitrust;
(b) The provisions for prorating a unitrust distribution for a beneficiary whose right to payments commences or ceases during a calendar year;
(c) The frequency of unitrust distributions during a calendar year;
(d) The effect of other payments from or contributions to the trust on the trusts value;
(e) How frequently to value nonliquid assets and whether to estimate the value of nonliquid assets;
(f) Whether to omit from the calculations of the trust property occupied or possessed by a beneficiary; and
κ2009 Statutes of Nevada, Page 798 (CHAPTER 215, SB 287)κ
(g) Any other matters necessary for the proper functioning of the unitrust.
2. Expenses which would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution. Unless otherwise provided by the trust instrument, the unitrust distribution must be paid from income. To the extent income is insufficient to pay a distribution, the distribution must be paid from realized short-term capital gains. To the extent income and realized short-term capital gains are insufficient, the distribution must be paid from realized long-term capital gains. To the extent none of these funds are sufficient, the distribution must be paid from the principal of the trust.
Sec. 49. A trustee or a beneficiary of a unitrust may petition the court to:
1. Select an income distribution percentage different from 3 to 5 percent.
2. Provide for a distribution of net income as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit.
3. Average the value of the trust assets over a period other than 3 years.
4. Reconvert a unitrust to a trust.
Sec. 50. If two settlors who are married establish a nontestamentary trust jointly, and the trust provides for the pecuniary or fractional division of the community property held by the settlors upon the death of one of the settlors, the trustee has the authority to distribute the community property unless the trust instrument expressly provides otherwise. The trustee may distribute the community property on a non-pro rata basis so long as the fair market value of the distribution is, at the time of the distribution, the same as if the distribution were made pro rata. The provisions of this section do not affect the distribution of assets that are specifically allocated in the trust instrument to be distributed in kind.
Sec. 51. NRS 164.015 is hereby amended to read as follows:
164.015 1. The court has exclusive jurisdiction of proceedings initiated by the petition of an interested person concerning the internal affairs of a nontestamentary trust [.] , including a revocable living trust while the settlor is still living if the court determines that the settlor cannot adequately protect his own interests or if the interested person shows that the settlor is incompetent or susceptible to undue influence. Proceedings which may be maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts, including petitions with respect to a nontestamentary trust for any appropriate relief provided with respect to a testamentary trust in NRS 153.031.
2. A petition under this section may be filed in conjunction with a petition under NRS 164.010 or at any time after the court has assumed jurisdiction under that section.
3. If an interested person contests the validity of a revocable nontestamentary trust, the interested person is the plaintiff and the trustee is the defendant. The written grounds for contesting the validity of the trust constitutes a pleading and must conform with any rules applicable to pleadings in a civil action.
κ2009 Statutes of Nevada, Page 799 (CHAPTER 215, SB 287)κ
4. In a proceeding pursuant to subsection 3, the competency of the settlor to make the trust, the freedom of the settlor from duress, menace, fraud or undue influence at the time of execution of the will, the execution and attestation of the trust instrument, or any other question affecting the validity of the trust is a question of fact and must be tried by the court, subject to the provisions of subsection 5.
5. A court may consolidate the cases if there is a contest of a revocable nontestamentary trust and a contest relating to a will executed on the same date. If a jury is demanded pursuant to NRS 137.020 for the contest of the will, the court may instruct the jury to render an advisory opinion with respect to an issue of fact pursuant to subsection 4 in the contest of the trust.
6. Upon the hearing, the court shall enter such order as it deems appropriate. The order is final and conclusive as to all matters determined and is binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the Supreme Court may be taken from the order within 30 days after notice of its entry by filing notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record. If the proceeding was brought pursuant to subsections 3, 4 or 5, the court must also award costs pursuant to chapter 18 of NRS.
[4.] 7. A proceeding under this section does not result in continuing supervisory proceedings. The administration of the trust must proceed expeditiously in a manner consistent with the terms of the trust, without judicial intervention or the order, approval or other action of any court, unless the jurisdiction of the court is invoked by an interested person or exercised as provided by other law.
Sec. 52. NRS 164.700 is hereby amended to read as follows:
164.700 As used in NRS 164.700 to 164.925, inclusive [:] , and sections 46 to 49, inclusive, of this act:
1. Fiduciary means a trustee or, to the extent that NRS 164.780 to 164.925, inclusive, apply to an estate, a personal representative.
2. Terms of a trust means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.
3. Unitrust means a trust in which a certain percentage of annually assessed fair market value of trust property is paid to a trust beneficiary.
Sec. 53. NRS 164.720 is hereby amended to read as follows:
164.720 1. If a trust has two or more beneficiaries, the trustee shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries.
2. In exercising the power to adjust under NRS 164.795 , section 46 of this act or a discretionary power of administration regarding a matter within the scope of NRS 164.780 to 164.925, inclusive, whether granted by the terms of a trust, a will or NRS 164.780 to 164.925, inclusive, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with NRS 164.780 to 164.925, inclusive, is presumed to be fair and reasonable to all the beneficiaries.
κ2009 Statutes of Nevada, Page 800 (CHAPTER 215, SB 287)κ
Sec. 54. NRS 164.725 is hereby amended to read as follows:
164.725 1. As used in this section, action includes a course of action and a decision on whether or not to take action.
2. A trustee may provide a notice of proposed action regarding any matter governed by section 37 of this act or NRS 164.700 to 164.925, inclusive.
3. If a trustee provides a notice of proposed action, the trustee shall mail the notice of proposed action to every adult beneficiary who, at the time the notice is provided, receives, or is entitled to receive, income under the trust or who would be entitled to receive a distribution of principal if the trust were terminated. A notice of proposed action need not be provided to a person who consents in writing to the proposed action. A consent to a proposed action may be executed before or after the proposed action is taken.
4. The notice of proposed action must state:
(a) That the notice is provided pursuant to this section;
(b) The name and mailing address of the trustee;
(c) The name and telephone number of a person with whom to communicate for additional information regarding the proposed action;
(d) A description of the proposed action and an explanation of the reason for taking the action;
(e) The time within which objection to the proposed action may be made, which must be not less than 30 days after the notice of proposed action is mailed; and
(f) The date on or after which the proposed action is to be taken or is to be effective.
5. A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address and within the time stated in the notice.
6. If no beneficiary entitled to receive notice of a proposed action objects to the proposed action and the other requirements of this section are met, the trustee is not liable to any present or future beneficiary with respect to that proposed action.
7. If the trustee received a written objection to the proposed action within the period specified in the notice, the trustee or a beneficiary may petition the court for an order to take the action as proposed, take the action with modification or deny the proposed action. A beneficiary who failed to object to the proposed action is not estopped from opposing the proposed action. The burden is on a beneficiary to prove that the proposed action should not be taken or should be modified. If the trustee takes the proposed action as approved by the court, the trustee is not liable to any beneficiary with respect to that action.
8. If the trustee decides not to take a proposed action for which notice has been provided, the trustee shall notify the beneficiaries of his decision not to take the proposed action and the reasons for his decision. The trustee is not liable to any present or future beneficiary with respect to the decision not to take the proposed action. A beneficiary may petition the court for an order to take the action as proposed. The burden is on the beneficiary to prove that the proposed action should be taken.
9. If the proposed action for which notice has been proved is an adjustment to principal and income pursuant to NRS 164.795 [,] or section 46 of this act, the sole remedy a court may order, pursuant to subsections 7 and 8, is to make the adjustment, to make the adjustment with a modification or to order the adjustment not to be made.
κ2009 Statutes of Nevada, Page 801 (CHAPTER 215, SB 287)κ
Sec. 55. NRS 164.730 is hereby amended to read as follows:
164.730 1. The provisions of NRS 164.700 to 164.925, inclusive, do not impose or create a duty of a trustee to make an adjustment between principal and income pursuant to the provisions of NRS 164.795 [.] or section 46 of this act.
2. A trustee shall not be liable for:
(a) Not considering whether to make such an adjustment; or
(b) Deciding not to make such an adjustment.
Sec. 56. NRS 164.900 is hereby amended to read as follows:
164.900 A trustee shall make the following disbursements from income to the extent that they are not disbursements to which paragraph (b) or (c) of subsection 2 of NRS 164.800 applies:
1. [One-half] Except as otherwise ordered by the court, one-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee ; [concerning investment, except that the amount of the disbursements from income made pursuant to this subsection must not exceed 5 percent of income for the portion of the accounting period on which such regular compensation is based;]
2. [One-half] Except as otherwise ordered by the court, one-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;
3. All the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and
4. [Recurring] All recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
Sec. 57. NRS 165.160 is hereby amended to read as follows:
165.160 [The] Except for the provisions of NRS 165.135, provisions of this chapter shall have no application to nontestamentary trusts unless the settlor shall expressly so declare in the instrument creating the trust. But no expression of intent by any settlor shall affect the jurisdiction of the courts of this state over inventories and accounts of trustees, insofar as such jurisdiction does not depend upon the provisions of this chapter.
Sec. 58. NRS 166.040 is hereby amended to read as follows:
166.040 1. Any person competent by law to execute a will or deed may, by writing only, duly executed, by will, conveyance or other writing, create a spendthrift trust in real, personal or mixed property for the benefit of:
(a) A person other than the settlor;
(b) The settlor if the writing is irrevocable, does not require that any part of the income or principal of the trust be distributed to the settlor, and was not intended to hinder, delay or defraud known creditors; or
(c) Both the settlor and another person if the writing meets the requirements of paragraph (b).
2. For the purposes of this section, a writing:
(a) Is irrevocable even if the settlor may prevent a distribution from the trust or holds a testamentary special power of appointment or similar power.
(b) Does not require a distribution to the settlor if the trust instrument provides that he may receive it only in the discretion of another person.
κ2009 Statutes of Nevada, Page 802 (CHAPTER 215, SB 287)κ
3. Except for the power of the settlor to make distributions to himself without the consent of another person, the provisions of this section shall not be construed to prohibit the settlor of a spendthrift trust from holding other powers under the trust, whether or not the settlor is a cotrustee, including, without limitation, the power to remove and replace a trustee, direct trust investments and execute other management powers.
Sec. 59. NRS 166.120 is hereby amended to read as follows:
166.120 1. A spendthrift trust as defined in this chapter restrains and prohibits generally the assignment, alienation, acceleration and anticipation of any interest of the beneficiary under the trust by the voluntary or involuntary act of the beneficiary, or by operation of law or any process or at all. [An exception is declared, however, when the trust does not provide for the application for or the payment to any beneficiary of sums out of capital or corpus or out of rents, profits, income, earnings, or produce of property, lands or personalty. In such cases, the corpus or capital of the trust estate, or the interest of the beneficiary therein, may be anticipated, assigned or aliened by the beneficiary voluntarily, but not involuntarily or by operation of law or by any process or involuntarily at all.] The trust estate, or corpus or capital thereof, shall never be assigned, aliened, diminished or impaired by any alienation, transfer or seizure so as to cut off or diminish the payments, or the rents, profits, earnings or income of the trust estate that would otherwise be currently available for the benefit of the beneficiary.
2. Payments by the trustee to the beneficiary [shall] , whether such payments are mandatory or discretionary, must be made only to [and into] or for the [proper hands] benefit of the beneficiary and not by way of acceleration or anticipation, nor to any assignee of the beneficiary, nor to or upon any order, written or oral, given by the beneficiary, whether such assignment or order be the voluntary contractual act of the beneficiary or be made pursuant to or by virtue of any legal process in judgment, execution, attachment, garnishment, bankruptcy or otherwise, or whether it be in connection with any contract, tort or duty. Any action to enforce the beneficiarys rights, to determine if the beneficiarys rights are subject to execution, to levy an attachment or for any other remedy must be made only in a proceeding commenced pursuant to chapter 153 of NRS, if against a testamentary trust, or NRS 164.010, if against a nontestamentary trust. A court has exclusive jurisdiction over any proceeding pursuant to this section.
3. The beneficiary shall have no power or capacity to make any disposition whatever of any of the income by his order, voluntary or involuntary, and whether made upon the order or direction of any court or courts, whether of bankruptcy or otherwise; nor shall the interest of the beneficiary be subject to any process of attachment issued against the beneficiary, or to be taken in execution under any form of legal process directed against the beneficiary or against the trustee, or the trust estate, or any part of the income thereof, but the whole of the trust estate and the income of the trust estate shall go to and be applied by the trustee solely for the benefit of the beneficiary, free, clear, and discharged of and from any and all obligations of the beneficiary whatsoever and of all responsibility therefor.
4. The trustee of a spendthrift trust is required to disregard and defeat every assignment or other act, voluntary or involuntary, that is attempted contrary to the provisions of this chapter.
κ2009 Statutes of Nevada, Page 803 (CHAPTER 215, SB 287)κ
Sec. 60. NRS 166.170 is hereby amended to read as follows:
166.170 1. A person may not bring an action with respect to a transfer of property to a spendthrift trust:
(a) If he is a creditor when the transfer is made, unless the action is commenced within:
(1) Two years after the transfer is made; or
(2) Six months after he discovers or reasonably should have discovered the transfer,
Κ whichever is later.
(b) If he becomes a creditor after the transfer is made, unless the action is commenced within 2 years after the transfer is made.
2. A person shall be deemed to have discovered a transfer at the time a public record is made of the transfer, including, without limitation, the conveyance of real property that is recorded in the office of the county recorder of the county in which the property is located or the filing of a financing statement pursuant to chapter 104 of NRS.
3. A creditor may not bring an action with respect to transfer of property to a spendthrift trust unless a creditor can prove that the transfer of property was a fraudulent transfer pursuant to chapter 112 of NRS or was otherwise wrongful as to the creditor. In the absence of such proof, the property transferred is not subject to the claims of the creditor. Proof by one creditor that a transfer of property was fraudulent or wrongful does not constitute proof as to any other creditor and proof of a fraudulent or wrongful transfer of property as to one creditor shall not invalidate any other transfer of property.
4. If property transferred to a spendthrift trust is conveyed to the settlor or to a beneficiary for the purpose of obtaining a loan secured by a mortgage or deed of trust on the property and then reconveyed to the trust, for the purpose of subsection 1, the transfer is disregarded and the reconveyance relates back to the date the property was originally transferred to the trust. The mortgage or deed of trust on the property shall be enforceable against the trust.
5. A person may not bring a claim against an adviser to the settlor or trustee of a spendthrift trust unless the person can show by clear and convincing evidence that the adviser acted in violation of the laws of this State, knowingly and in bad faith, and the advisers actions directly caused the damages suffered by the person.
6. As used in this section [, creditor] :
(a) Adviser means any person, including, without limitation, an accountant, attorney or investment adviser, who gives advice concerning or was involved in the creation of, transfer of property to, or administration of the spendthrift trust or who participated in the preparation of accountings, tax returns or other reports related to the trust.
(b) Creditor has the meaning ascribed to it in subsection 4 of NRS 112.150.
Sec. 61. NRS 21.075 is hereby amended to read as follows:
21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2.
κ2009 Statutes of Nevada, Page 804 (CHAPTER 215, SB 287)κ
exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
A court has determined that you owe money to .................... (name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment benefits.
7. Payments received as unemployment compensation.
8. Veterans benefits.
9. A homestead in a dwelling or a mobile home, not to exceed $550,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11. A vehicle, if your equity in the vehicle is less than $15,000.
κ2009 Statutes of Nevada, Page 805 (CHAPTER 215, SB 287)κ
12. Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
13. Money, not to exceed $500,000 in present value, held in:
(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
14. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
15. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
16. Regardless of whether a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust, if the interest has not been distributed from the trust;
(b) A remainder interest in the trust whereby a beneficiary of the trust will receive property from the trust outright at some time in the future under certain circumstances;
(c) A discretionary power held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;
(d) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;
(e) Certain powers held by a trust protector or certain other persons;
(f) Any power held by the person who created the trust; and
(g) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.
17. If a trust contains a spendthrift provision:
κ2009 Statutes of Nevada, Page 806 (CHAPTER 215, SB 287)κ
(a) A mandatory interest in the trust in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust;
(b) A support interest in the trust in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust; and
(c) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.
18. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
[17.] 19. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
[18.] 20. Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
[19.] 21. Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[20.] 22. Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[21.] 23. Payments received as restitution for a criminal act.
[22.] 24. Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
[23.] 25. A tax refund received from the earned income credit provided by federal law or a similar state law.
[24.] 26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
Κ These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption.
κ2009 Statutes of Nevada, Page 807 (CHAPTER 215, SB 287)κ
returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Sec. 62. NRS 21.080 is hereby amended to read as follows:
21.080 1. All goods, chattels, money and other property, real and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution. Subject to the provisions of chapter 104 of NRS, shares and interests in any corporation or company, and debts and credits and other property not capable of manual delivery, may be attached in execution in like manner as upon writs of attachments. Gold dust and bullion must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution.
2. This chapter does not authorize the seizure of, or other interference with, any money, thing in action, lands or other property held in spendthrift trust or in a discretionary or support trust governed by chapter 163 of NRS for a judgment debtor, or held in such trust for any beneficiary, pursuant to any judgment, order or process of any bankruptcy or other court directed against any such beneficiary or his trustee. This subsection does not apply to the interest of the beneficiary of a trust where the fund so held in trust has proceeded from the beneficiary unless:
(a) The beneficiary is the settlor of the trust; and
(b) The trust is a spendthrift trust that was created in compliance with the provisions of chapter 166 of NRS.
Sec. 63. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:
(a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.
(b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
κ2009 Statutes of Nevada, Page 808 (CHAPTER 215, SB 287)κ
(d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of himself and his family not to exceed $10,000 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtors equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1) Disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
(2) Earnings means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid.
κ2009 Statutes of Nevada, Page 809 (CHAPTER 215, SB 287)κ
privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by him.
(n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
(p) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(r) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
κ2009 Statutes of Nevada, Page 810 (CHAPTER 215, SB 287)κ
(v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(x) Payments received as restitution for a criminal act.
(y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
(z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtors equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.
(aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
(bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
(cc) Regardless of whether a trust contains a spendthrift provision:
(1) A beneficial interest in the trust as defined in section 5 of this act if the interest has not been distributed;
(2) A remainder interest in the trust as defined in section 10 of this act if the trust does not indicate that the remainder interest is certain to be distributed within 1 year after the date on which the instrument that creates the remainder interest becomes irrevocable;
(3) A discretionary interest in the trust as described in section 17 of this act if the interest has not been distributed;
(4) A power of appointment in the trust as defined in section 9 of this act regardless of whether the power has been distributed or transferred;
(5) A power listed in section 33 of this act that is held by a trust protector as defined in section 29 of this act or any other person regardless of whether the power has been distributed or transferred;
(6) A reserved power in the trust as defined in section 11 of this act regardless of whether the power has been distributed or transferred; and
(7) Any other property of the trust, that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.
(dd) If a trust contains a spendthrift provision:
(1) A mandatory interest in the trust as described in section 17 of this act if the interest has not been distributed;
(2) Notwithstanding a beneficiarys right to enforce a support interest, a support interest in the trust as described in section 17 of this act if the interest has not been distributed; and
(3) Any other property of the trust, that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.
κ2009 Statutes of Nevada, Page 811 (CHAPTER 215, SB 287)κ
2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.
Sec. 64. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
Κ If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment benefits.
7. Payments received as unemployment compensation.
8. Veterans benefits.
κ2009 Statutes of Nevada, Page 812 (CHAPTER 215, SB 287)κ
9. A homestead in a dwelling or a mobile home, not to exceed $550,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11. A vehicle, if your equity in the vehicle is less than $15,000.
12. Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
13. Money, not to exceed $500,000 in present value, held in:
(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
14. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
15. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
16. Regardless of whether a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust, if the interest has not been distributed from the trust;
κ2009 Statutes of Nevada, Page 813 (CHAPTER 215, SB 287)κ
(b) A remainder interest in the trust whereby a beneficiary of the trust will receive property from the trust outright at some time in the future under certain circumstances;
(c) A discretionary power held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;
(d) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;
(e) Certain powers held by a trust protector or certain other persons;
(f) Any power held by the person who created the trust; and
(g) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.
17. If a trust contains a spendthrift provision:
(a) A mandatory interest in the trust in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust;
(b) A support interest in the trust in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust; and
(c) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.
18. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
[17.] 19. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
[18.] 20. Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
[19.] 21. Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[20.] 22. Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[21.] 23. Payments received as restitution for a criminal act.
[22.] 24. Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
[23.] 25. A tax refund received from the earned income credit provided by federal law or a similar state law.
[24.] 26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
κ2009 Statutes of Nevada, Page 814 (CHAPTER 215, SB 287)κ
Κ These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
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κ2009 Statutes of Nevada, Page 815κ
Senate Bill No. 288Senator Carlton
Joint Sponsor: Assemblyman Conklin
CHAPTER 216
AN ACT relating to occupational safety; revising provisions relating to occupational safety and health; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Section 12.5 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to offer to discuss specified information with the immediate families of certain victims of fatal accidents.
Section 47 of this bill revises provisions relating to citations issued by the Division of Industrial Relations to provide that if an employer notifies the Division that the employer wishes to contest a citation after a fatal accident, the Division is required to provide the Occupational Safety and Health Review Board with information to contact the immediate family of each deceased employee. (NRS 618.475)
Section 57 of this bill revises provisions relating to formal fact-finding hearings held by the Occupational Safety and Health Review Board after a fatal accident to require the Board to notify the immediate family of each deceased employee of certain procedural information. (NRS 618.605)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-12. (Deleted by amendment.)
Sec. 12.5. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If, after an investigation of an accident occurring in the course of employment which is fatal to one or more employees, the Division issues a citation under the provisions of this chapter, the Division shall offer to enter into a discussion with the immediate family of each deceased employee within a reasonable time after the Division issues the citation.
2. During the discussion, the Division shall provide each family with:
(a) Information regarding the citation and abatement process;
(b) Information regarding the means by which the family may obtain a copy of the final incident report and abatement decision of the Division; and
(c) Any other information that the Division deems relevant and necessary to inform the family of the outcome of the investigation by the Division.
Secs. 13-46. (Deleted by amendment.)
Sec. 47. NRS 618.475 is hereby amended to read as follows:
618.475 1. If, after an inspection or investigation, the Division issues a citation under the provisions of this chapter, it shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 15 working days within which to notify the Division that he wishes to contest the citation or proposed assessment of penalty.
κ2009 Statutes of Nevada, Page 816 (CHAPTER 216, SB 288)κ
to notify the Division that he wishes to contest the citation or proposed assessment of penalty. If, within 15 working days from the receipt of the notice issued by the Division, the employer fails to notify the Division that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond his reasonable control, the Division shall issue an order affirming or modifying the abatement requirements in the citation.
2. In the case of an accident occurring in the course of employment which is fatal to one or more employees, if an employer notifies the Division that the employer wishes to contest a citation or proposed assessment of penalty, the Division shall provide the Board with information as to how to contact the immediate family of each deceased employee.
3. Any employee or his representative alleging that the time fixed in the citation for the abatement of a violation by his employer is unreasonable may, within 15 working days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the Division to contest the reasonableness of the period of time for abatement of the violation and must be notified in writing as to the time and place of hearing before the review board.
[3.] 4. If no appeal is filed by an employee or his representative under subsection 2 of this section within the time limit of 15 working days, the period of time fixed for the abatement of the violation is final and not subject to review by any court or the review board.
Secs. 48-56. (Deleted by amendment.)
Sec. 57. NRS 618.605 is hereby amended to read as follows:
618.605 1. Upon the receipt of any written appeal or notice of contest under NRS 618.475, the Division shall within 15 working days notify the Board of such an appeal or contest.
2. The Board shall hold a formal fact-finding hearing and render its decision based on the evidence presented at the hearing.
3. Prior to any formal fact-finding hearing involving a citation for an accident occurring in the course of employment which is fatal to one or more employees, the Board shall notify the immediate family of each deceased employee of:
(a) The time and place of the hearing; and
(b) The fact that the hearing is open to the public.
4. Any employee of an employer or representative of the employee may participate in and give evidence at the hearing, subject to rules and regulations of the Board governing the conduct of such hearings.
Secs. 58-106. (Deleted by amendment.)
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κ2009 Statutes of Nevada, Page 817κ
Senate Bill No. 298Senator Cegavske
Joint Sponsor: Assemblywoman Dondero Loop
CHAPTER 217
AN ACT relating to the Nevada System of Higher Education; authorizing the Board of Regents of the University of Nevada to plan for and establish programs for the study of energy efficiency and renewable energy resources within the Nevada System of Higher Education; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
This bill authorizes the Board of Regents of the University of Nevada to plan for and establish programs for the study of energy efficiency and renewable energy resources within the Nevada System of Higher Education. This bill also authorizes the Board of Regents to: (1) carry out the programs through joint ventures with one or more public or private entities; and (2) apply for any available grants and accept any gifts, grants or donations for the support of the programs.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Regents may plan for and establish programs for the study of energy efficiency and renewable energy resources within the System.
2. The Board of Regents may carry out a program established pursuant to this section through a joint venture with one or more public or private entities, but the Board of Regents must have final authority to direct and supervise the program.
3. The Board of Regents may apply for any available grants and accept any gifts, grants or donations for the support of a program for the study of energy efficiency and renewable energy resources established pursuant to this section.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 818κ
Senate Bill No. 302Senators Nolan, Parks, Cegavske; Amodei, Care, Copening, Hardy, Raggio, Wiener and Woodhouse
CHAPTER 218
AN ACT relating to public health; authorizing hospitals to enter into agreements for the provision of medical care under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 26, 2009]
Legislative Counsels Digest:
Federal law authorizes a health care professional employed by the Armed Forces of the United States to practice his health profession in the District of Columbia or any state or territory of the United States if the health care professional has a current license to practice his profession and is performing authorized duties for the Department of Defense. (10 U.S.C. § 1094) Under current state law, a medical officer of the Armed Forces is not required to obtain a license to practice his profession if he is practicing medicine in the discharge of his official duties. (NRS 630.047, 630A.090, 631.390, 632.340, 633.171, 635.015) This bill authorizes a hospital in this State to enter into an agreement with the Armed Forces of the United States to allow medical officers to provide medical care in the hospital if the medical officer holds a valid license in a state or territory of the United States and the medical care is provided as part of a training or educational program for the medical officer.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital may enter into an agreement with the Armed Forces of the United States to authorize a medical officer to provide medical care in the hospital if:
(a) The medical officer holds a valid license in good standing to provide such medical care in the District of Columbia or any state or territory of the United States;
(b) The medical care is provided as part of a training or educational program designed to further the employment of the medical officer; and
(c) The agreement complies with the provisions of 10 U.S.C. § 1094 and any regulations or guidelines adopted pursuant thereto.
2. As used in this section, medical officer includes any physician, nurse, dentist or other health care professional who is employed by the Armed Forces of the United States or a reserve component thereof.
Sec. 2. NRS 630.047 is hereby amended to read as follows:
630.047 1. This chapter does not apply to:
(a) A medical officer or practitioner of respiratory care of the Armed [Services] Forces or a medical officer or practitioner of respiratory care of any division or department of the United States in the discharge of his official duties [;] , including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to section 1 of this act;
κ2009 Statutes of Nevada, Page 819 (CHAPTER 218, SB 302)κ
(b) Physicians who are called into this State, other than on a regular basis, for consultation with or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside;
(c) Physicians who are legally qualified to practice in the state where they reside and come into this State on an irregular basis to:
(1) Obtain medical training approved by the Board from a physician who is licensed in this State; or
(2) Provide medical instruction or training approved by the Board to physicians licensed in this State;
(d) Any person permitted to practice any other healing art under this title who does so within the scope of that authority, or healing by faith or Christian Science;
(e) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;
(f) The practice of respiratory care by a student who:
(1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;
(2) Is employed by a medical facility, as defined in NRS 449.0151; and
(3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under his supervision until a practitioner of respiratory care is available;
(g) The practice of respiratory care by a person on himself or gratuitous respiratory care provided to a friend or a member of a persons family if the provider of the care does not represent himself as a practitioner of respiratory care;
(h) A cardiopulmonary perfusionist who is under the supervision of a surgeon or an anesthesiologist;
(i) A person who is employed by a physician and provides respiratory care under the supervision of that physician;
(j) The maintenance of medical equipment for respiratory care that is not attached to a patient; and
(k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his practice.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician, physician assistant or practitioner of respiratory care in cases of emergency.
(b) The domestic administration of family remedies.
κ2009 Statutes of Nevada, Page 820 (CHAPTER 218, SB 302)κ
Sec. 3. NRS 630A.090 is hereby amended to read as follows:
630A.090 1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed [Services] Forces or a medical officer of any division or department of the United States in the discharge of his official duties [.] , including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to section 1 of this act.
(c) Licensed or certified nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to any physician licensed in this State, and who are legally qualified to practice in the state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.
Sec. 4. NRS 631.390 is hereby amended to read as follows:
631.390 Except as otherwise provided in subsection 2 of NRS 631.317, this chapter does not apply to:
1. A legally qualified physician or surgeon unless he practices dentistry as a specialty.
2. A dentist or dental hygienist of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or Department of Veterans Affairs in the discharge of his official [duty.] duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to section 1 of this act.
Sec. 5. NRS 632.340 is hereby amended to read as follows:
632.340 The provisions of NRS 632.315 do not prohibit:
1. Gratuitous nursing by friends or by members of the family of a patient.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless he is certified to practice as a nursing assistant pursuant to the provisions of this chapter.
5. The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires him to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.