[Rev. 2/6/2019 3:04:08 PM]
κ2009 Statutes of Nevada, Page 2593 (CHAPTER 460, SB 212)κ
(b) The manner of fastening together several sheets circulated by one person to constitute a single document.
2. The registered voter may consult the list of the registered voters in this State posted on the website maintained by the Secretary of State pursuant to subsection 1 of NRS 293.4687 to determine the petition district in which he resides. The registered voter may rely on the information contained in the list when he indicates the appropriate petition district, unless he believes that the information is inaccurate.
3. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.
[3.] 4. A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.
Sec. 14. Notwithstanding the definition of petition district set forth in sections 2 and 11 of this act, until July 1, 2011, petition district as used in chapters 293 and 295 of NRS means congressional districts established for the State of Nevada.
Sec. 15. This act becomes effective upon passage and approval.
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Senate Bill No. 236Senators Parks, Copening, Horsford; Breeden, Care, Coffin, Lee, Wiener and Woodhouse
Joint Sponsor: Assemblywoman Pierce
CHAPTER 461
AN ACT relating to convicted persons; creating the Fund for Reentry Programs; providing for the expenditure of money in the Fund for reentry programs for persons released from incarceration; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
Existing law authorizes the establishment by a judicial district and by the Director of the Department of Corrections of programs for reentry of criminal offenders and parolees into the community. (NRS 209.4883, 209.4887) Section 5 of this bill creates the Fund for Reentry Programs to be administered by the Director of the Department of Public Safety or his designee. Money in the Fund may be used only to pay necessary administrative costs and to pay for programs for reentry of persons into the community upon their release from incarceration.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. NRS 209.4889 is hereby amended to read as follows:
209.4889 1. The Director may, after consulting with the Division, enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a correctional or judicial program:
κ2009 Statutes of Nevada, Page 2594 (CHAPTER 461, SB 236)κ
(a) Transitional housing;
(b) Treatment pertaining to substance abuse or mental health;
(c) Training in life skills;
(d) Vocational rehabilitation and job skills training; and
(e) Any other services required by offenders or parolees who are participating in a correctional or judicial program.
2. The Director shall, as necessary and appropriate, provide referrals and information regarding:
(a) Any of the services provided pursuant to subsection 1;
(b) Access and availability of any appropriate self-help groups;
(c) Social services for families and children; and
(d) Permanent housing.
3. The Director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section. Money received pursuant to this subsection may be deposited in the State Treasury for credit to the Fund for Reentry Programs created by section 5 of this act.
4. As used in this section, training in life skills includes, without limitation, training in the areas of:
(a) Parenting;
(b) Improving human relationships;
(c) Preventing domestic violence;
(d) Maintaining emotional and physical health;
(e) Preventing abuse of alcohol and drugs;
(f) Preparing for and obtaining employment; and
(g) Budgeting, consumerism and personal finances.
Sec. 5. Chapter 480 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Fund for Reentry Programs is hereby created in the State Treasury as a special revenue fund, to be administered by the Director or his designee.
2. The Director or his designee may apply for and accept any gift, donation, bequest, grant or other source of money for the use of the Fund.
3. All money received for the use of the Fund pursuant to subsection 2 or NRS 209.4889 or from any other source must be deposited in the State Treasury for credit to the Fund.
4. All expenditures from the Fund must be approved by the Director or his designee, in accordance with procedures established by regulation by the Director. The Director may designate an advisory group to assist in the preparation of such procedures. The money in the Fund may be expended only to pay necessary administrative costs and to pay for programs for reentry of persons into the community upon their release from incarceration, including, without limitation, judicial programs, training programs and programs for the treatment of addiction.
5. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
6. To the extent money is available in the Fund, the Director or his designee may enter into one or more contracts with one or more public or private entities to provide services to persons participating in a program for reentry into the community upon their release from incarceration.
Sec. 6. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 2595κ
Senate Bill No. 264Senator Care
CHAPTER 462
AN ACT relating to local governmental administration; directing the Legislative Commission to conduct an interim study of the powers delegated to local governments; requiring the Legislative Commission to appoint an Interim Technical Advisory Committee for Intergovernmental Relations; providing for the administration and specifying the duties of the Interim Technical Advisory Committee; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
Section 8 of this bill directs the Legislative Commission to conduct an interim study concerning the powers delegated to local governments, including the feasibility of increasing the powers of local governments related to taxation.
Section 9 of this bill requires the Legislative Commission to appoint an Interim Technical Advisory Committee for Intergovernmental Relations, composed of six representatives of local governments and three representatives of state agencies. The purpose of the committee is to foster communication and cooperation among the State Government and local governments. The Committee is charged with serving as a forum for discussion among governments, engaging in activities and conducting studies on issues relating to state and local governments, and reporting to the interim committee appointed pursuant to section 8 of this bill.
Whereas, In 1868, Judge John F. Dillon of the Iowa Supreme Court established in Merriam v. Moodys Executors, 25 Iowa 163 (1868), a common law rule of statutory interpretation known as Dillons Rule, which limits the powers of local governments; and
Whereas, Under Dillons Rule, a local government possesses and can exercise only those powers which are: (1) granted in express words; (2) necessarily or fairly implied in or incident to the powers expressly granted; or (3) essential to the accomplishment of the declared objects and purposes of the local government and which are not simply convenient, but indispensable; and
Whereas, The Nevada Supreme Court has cited Dillons Rule in several opinions; and
Whereas, Allowing greater autonomy for local governments in this State may promote more efficient use of limited governmental resources; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-7. (Deleted by amendment.)
Sec. 8. 1. The Legislative Commission shall appoint an interim committee to conduct a study of the powers of local governments in this State. The study must include, without limitation:
κ2009 Statutes of Nevada, Page 2596 (CHAPTER 462, SB 264)κ
(a) An examination of:
(1) The structure, formation, function and powers of local governments in this State;
(2) The potential fiscal impact in this State resulting from abolishing Dillons Rule;
(3) The feasibility of increasing the powers of local governments in this State; and
(4) The experiences of states that have rejected Dillons Rule; and
(b) The consideration of any recommendations submitted to the interim committee pursuant to section 9 of this act.
2. The interim committee must be composed of six Legislators, one of whom must be appointed as Chairman of the committee, as follows:
(a) The Chairman of the Senate Standing Committee on Government Affairs;
(b) The Chairman of the Assembly Standing Committee on Government Affairs;
(c) One member appointed by the Majority Leader of the Senate;
(d) One member appointed by the Minority Leader of the Senate;
(e) One member appointed by the Speaker of the Assembly; and
(f) One member appointed by the Minority Leader of the Assembly.
3. To assist with the study, the Chairman of the interim committee may appoint a technical advisory committee consisting of representatives of local governments in this State, who serve without salary, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. Any recommended legislation proposed by the interim committee must be approved by a majority of members of the Senate and a majority of the members of the Assembly appointed to the Committee.
5. On or before February 1, 2011, the Legislative Commission shall submit a report of the results of the study conducted pursuant to this section and any recommendation for legislation to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature.
Sec. 9. 1. The Legislative Commission shall, as soon as practicable after July 1, 2009, appoint an Interim Technical Advisory Committee for Intergovernmental Relations, consisting of:
(a) Six representative of local governments in this State; and
(b) Three representatives of agencies of this State.
2. The purpose of the Interim Technical Advisory Committee is to foster effective communication, cooperation and partnerships among the State Government and local governments to improve the provision of governmental services to the people of this State.
3. The Interim Technical Advisory Committee shall elect from among its membership and by majority vote a Chairman and Vice Chairman.
4. The Interim Technical Advisory Committee shall meet at least once every 3 months and at such additional times as may be deemed necessary by the Chairman. A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the committee.
κ2009 Statutes of Nevada, Page 2597 (CHAPTER 462, SB 264)κ
5. Each member of the Interim Technical Advisory Committee who is an officer or employee of the State or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Committee and perform any work necessary to accomplish the work of the Committee in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Committee to make up the time he is absent from work to fulfill his obligations as a member, nor shall it require the member to take annual vacation or compensatory time for the absence. Such a member shall serve on the Committee without additional compensation, except that while he is engaged in the business of the Committee, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency or local government which employs him.
6. The Nevada Association of Counties and the Nevada League of Cities and Municipalities shall provide the Interim Technical Advisory Committee with administrative support.
7. The Interim Technical Advisory Committee shall:
(a) Serve as a forum for the discussion and resolution of intergovernmental problems among the State Government and local governments;
(b) Engage in activities and conduct studies relating to, without limitation:
(1) The structure of local governments;
(2) The functions and powers, including, without limitation, fiscal powers, of local governments;
(3) Relationships among the State Government and local governments;
(4) The allocation of state and local resources; and
(5) Any appropriate legislation to be recommended to the interim committee appointed pursuant to section 8 of this act; and
(c) On or before June 1, 2010, submit to the interim committee appointed pursuant to section 8 of this act:
(1) A recommendation regarding the need for a permanent Nevada Advisory Commission on Intergovernmental Relations; and
(2) Any other recommendations for appropriate legislation resulting from any reviews or studies conducted by the Interim Technical Advisory Committee.
8. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 233B.031.
(b) Local government has the meaning ascribed to it in NRS 354.474.
Sec. 10. 1. This act becomes effective on July 1, 2009.
2. Section 9 of this act expires by limitation on June 30, 2011.
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κ2009 Statutes of Nevada, Page 2598κ
Senate Bill No. 303Senators Nolan, Amodei, Copening; Care, Cegavske, Hardy, Parks, Raggio, Wiener and Woodhouse
CHAPTER 463
AN ACT relating to education; enacting the Interstate Compact on Educational Opportunity for Military Children; revising provisions relating to the enrollment and education of certain children of military families in public schools; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
The Interstate Compact on Educational Opportunity for Military Children is an interstate compact which addresses issues relating to the education of certain children of military families in states that are members of the Interstate Compact, including guidelines for the enrollment, placement, graduation and extracurricular activities of those children. The Interstate Compact also requires states that have enacted the Compact to establish a State Council to carry out the provisions of the Interstate Compact and to appoint certain other persons to ensure the proper administration of the Interstate Compact in the state. Section 2 of this bill enacts the Interstate Compact. Sections 3-8 of this bill contain the provisions necessary to carry out the Interstate Compact, including the creation of the State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children, the appointment of a liaison to assist military families transferring into this State and the appointment of a Commissioner to oversee the administration of the Interstate Compact. Sections 3, 4 and 5 also provide that the members of the State Council, the liaison and the Commissioner serve without compensation and are not entitled to any per diem or travel expenses. Sections 10 and 11-17 of this bill amend existing provisions relating to the placement, testing, graduation, enrollment and immunization of pupils to ensure that such provisions are consistent with the provisions of the Interstate Compact. (NRS 388.470, 389.015, 389.035, 389.805, 392.033, 392.040, 392.122, 392.435)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. The Interstate Compact on Educational Opportunity for Military Children, set forth in this section, is hereby enacted into law and entered into with all other jurisdictions substantially as follows:
ARTICLE I
Purpose
It is the purpose of this Compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of educational records from the previous school district or variations in entrance and age requirements.
κ2009 Statutes of Nevada, Page 2599 (CHAPTER 463, SB 303)κ
the transfer of educational records from the previous school district or variations in entrance and age requirements.
B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic and social activities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this Compact.
F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this Compact.
G. Promoting coordination between this Compact and other compacts affecting children of military families.
H. Promoting flexibility and cooperation between the educational system, parents and students to achieve educational success for the student.
ARTICLE II
Definitions
As used in this chapter, unless the context otherwise requires, the words and terms defined in this Article have the meanings ascribed to them in this Article:
A. Active duty means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.
B. Child of a military family means a school-aged child enrolled in kindergarten or grades 1 through 12, inclusive, in the household of a person on active duty.
C. Compact commissioner means the voting representative of each compacting state appointed pursuant to Article VIII of this Compact.
D. Deployment means the period 1 month before the departure of a person on active duty from his home station on military orders though 6 months after return to his home station.
E. Educational records means the official records, files and data directly relating to a student which are maintained by a school or local education agency, including, without limitation, records encompassing all the material kept in the students cumulative folder, such as general identifying data, records of attendance and of academic work completed, records of achievement, results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs.
F. Extracurricular activities means a voluntary activity sponsored by a school or local education agency or an organization sanctioned by a local education agency, including, without limitation, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities.
κ2009 Statutes of Nevada, Page 2600 (CHAPTER 463, SB 303)κ
G. Interstate Commission means the Interstate Commission on Educational Opportunity for Military Children created by Article IX of this Compact.
H. Local education agency means an administrative agency legally constituted by the state to provide control of and direction for public educational institutions for kindergarten and grades 1 through 12, inclusive.
I. Member state means a state that has enacted this Compact.
J. Military installation means a base, camp, post, station, yard, center or homeport facility for any ship or other activity under the jurisdiction of the United States Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands or any other territory of the United States. The term does not include a facility used primarily for civil works or river, harbor or flood control projects.
K. Nonmember state means a state that has not enacted this Compact.
L. Receiving state means the state to which a child of a military family is sent, brought or caused to be sent or brought.
M. Rule means a written statement by the Interstate Commission promulgated pursuant to Article XII of this Compact that is of general applicability and implements, interprets or prescribes a policy or provision of this Compact or an organizational, procedural or practice requirement of the Interstate Commission and has the force and effect of statutory law in a member state, including the amendment, repeal or suspension of an existing rule.
N. Sending state means the state from which a child of a military family is sent, brought or caused to be sent or brought.
O. State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other territory of the United States.
P. Student means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten or grades 1 through 12, inclusive.
Q. Transition means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state.
R. Uniformed service means the Army, Navy, Air Force, Marine Corps, Coast Guard or Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration.
S. Veteran means a person who served in the uniformed service and who was discharged or released therefrom under conditions other than dishonorable.
κ2009 Statutes of Nevada, Page 2601 (CHAPTER 463, SB 303)κ
ARTICLE III
Applicability
A. Except as otherwise provided in sections B and C, this Compact shall apply to the children of:
1. Active duty members of the uniformed services, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211;
2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of 1 year after medical discharge or retirement; and
3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of 1 year after death.
B. The provisions of this Compact shall only apply to local education agencies.
C. The provisions of this Compact shall not apply to the children of:
1. Inactive members of the National Guard or military reserves;
2. Retired members of the uniformed services, except as otherwise provided in section A;
3. Veterans of the uniformed services, except as otherwise provided in section A; and
4. Other United States Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
ARTICLE IV
Educational Records and Enrollment
A. Unofficial or hand-carried educational records If official educational records cannot be released to the parent or legal guardian for the purpose of transfer, the custodian of the educational records in the sending state shall prepare and furnish to the parent or legal guardian a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial educational records pending validation by the official records.
B. Official educational records At the time that a school initially enrolls and determines the placement of a student, the school in the receiving state shall request the official educational records of the student from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official educational records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
C. Immunizations Member states shall give 30 days after the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state.
κ2009 Statutes of Nevada, Page 2602 (CHAPTER 463, SB 303)κ
immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days, or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
D. Kindergarten and grade 1 entrance age Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on his validated level from the local education agency in the sending state.
ARTICLE V
Placement and Attendance
A. Course placement When a student transfers before or during the school year, the school in the receiving state shall initially honor placement of the student in educational courses based on the students enrollment in the school in the sending state or educational assessments conducted at the school in the sending state, if the courses are offered in the receiving state and space is available. Course placement includes, without limitation, honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the students academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. Nothing in this section precludes the school in the receiving state from performing subsequent evaluations to ensure the appropriate placement and continued enrollment of the student in the appropriate courses.
B. Educational program placement The school in the receiving state shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation and placement in like programs in the sending state. Such programs include, without limitation, gifted and talented programs and English as a second language. Nothing in this section precludes the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
C. Special education services In compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the receiving state shall initially provide comparable services to a student with a disability based on his current individualized education program. In compliance with the requirements of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education.
κ2009 Statutes of Nevada, Page 2603 (CHAPTER 463, SB 303)κ
Nothing in this section precludes the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
D. Placement flexibility The administrative officials of the local education agency shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.
E. Absence relating to deployment activities A student whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the superintendent of the local education agency to visit with his parent or legal guardian relating to such leave or deployment.
ARTICLE VI
Eligibility
A. Eligibility for enrollment
1. A special power of attorney, for purposes of the guardianship of a child of a military family, which is executed pursuant to the applicable law of the jurisdiction in which the special power of attorney is executed is sufficient for the purposes of enrolling a student in school and for all other actions requiring participation and consent of a parent or legal guardian of the student.
2. A local education agency shall not charge local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he was enrolled while residing with the custodial parent.
B. Eligibility for participation in extracurricular activities State and local education agencies shall facilitate the opportunity for transitioning children of military families to be included in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
ARTICLE VII
Graduation
To facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:
A. Waiver requirements The administrative officials of the local education agency shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial of a waiver. If a waiver is not granted to a student who qualifies to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required course work so that the student may graduate on time.
κ2009 Statutes of Nevada, Page 2604 (CHAPTER 463, SB 303)κ
from the sending school, the local education agency shall provide an alternative means of acquiring required course work so that the student may graduate on time.
B. Exit exams States shall accept:
1. Exit or end-of-course exams required for graduation from the sending state;
2. National norm-referenced achievement tests; or
3. Alternative testing,
Κ in lieu of tests required for graduation in the receiving state. If the alternatives set forth in this section cannot be accommodated by the receiving state for a student transferring during the students senior year, then the provisions of section C shall apply.
C. Transfers during senior year If a military student transferring immediately before beginning or during his senior year is ineligible to graduate from the local education agency of the receiving state after all alternatives have been considered pursuant to this Article, the local education agencies of the sending state and the receiving state shall ensure the receipt of a diploma from the local education agency of the sending state if the student meets the graduation requirements of the local education agency of the sending state. If the sending state or the receiving state is not a member of this Compact, the member state shall use its best efforts to facilitate the on-time graduation of the student in accordance with this Article.
ARTICLE VIII
State Coordination
A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the states participation in, and compliance with, this Compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least the state superintendent of public education, a superintendent of a school district with a high concentration of children of military families, a representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the member state deems appropriate. A member state that does not have a school district deemed to contain a high concentration of children of military families may appoint a superintendent from another school district to represent the local education agencies of the member state on the State Council.
B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this Compact.
C. A compact commissioner responsible for the administration and management of the states participation in the Compact shall be appointed by the Governor or as otherwise determined by each member state.
D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.
κ2009 Statutes of Nevada, Page 2605 (CHAPTER 463, SB 303)κ
ARTICLE IX
Interstate Commission on Educational
Opportunity For Military Children
The member states hereby create the Interstate Commission on Educational Opportunity for Military Children. The Interstate Commission may form public policy and is a discretionary state function. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this Compact.
B. Consist of one Interstate Commission voting representative from each member state who shall be that states compact commissioner.
1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.
4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
C. Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, without limitation, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States Department of Defense, the Education Commission of the States, the Interstate Agreement on Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.
D. Meet at least once each calendar year. The Chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
E. Establish an Executive Committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the Executive Committee shall serve a term of 1 year. Members of the Executive Committee shall be entitled to one vote each. The Executive Committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The Executive Committee shall oversee the day-to-day activities of the administration of the Compact, including enforcement and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as deemed necessary. The United States Department of Defense shall serve as an ex officio, nonvoting member of the executive committee.
κ2009 Statutes of Nevada, Page 2606 (CHAPTER 463, SB 303)κ
F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
G. Give public notice of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commissions internal personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by federal and state statute;
3. Disclose trade secrets or commercial or financial information which is privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring a person;
5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement purposes; or
7. Specifically relate to the Interstate Commissions participation in a civil action or other legal proceeding.
H. Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the Interstate Commission.
I. Collect standardized data concerning the educational transition of the children of military families under this Compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. The methods of data collection, exchange and reporting must, insofar as is reasonably possible, conform to current technology and coordinate information functions with the appropriate custodian of records as identified in the bylaws and rules.
J. Create a process that permits military officials, education officials and parents to inform the Interstate Commission of alleged violations of the Compact or its rules or when issues subject to the jurisdiction of the Compact or its rules are not addressed by the member state or a local education agency within a member state. Nothing in this section creates a private right of action against the Interstate Commission or any member state.
κ2009 Statutes of Nevada, Page 2607 (CHAPTER 463, SB 303)κ
ARTICLE X
Powers and Duties of the Interstate Commission
The Interstate Commission shall have the power to:
A. Provide for dispute resolution among the member states.
B. Promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this Compact. The rules must have the force and effect of statutory law and be binding in the member states to the extent and in the manner provided in this Compact.
C. Issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules and actions.
D. Enforce compliance with the provisions of the Compact, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including, without limitation, the use of the judicial process.
E. Establish and maintain offices which shall be located within one or more of the member states.
F. Purchase and maintain insurance and bonds.
G. Borrow, accept, hire or contract for services of personnel.
H. Establish and appoint committees, including, without limitation, an Executive Committee as required by section E of Article IX of this Compact, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
I. Elect or appoint officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commissions personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel.
J. Accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, use and dispose of them.
K. Lease, purchase or accept contributions or donations of, or otherwise own, hold, improve or use any property, including real, personal or mixed property.
L. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, including real, personal or mixed property.
M. Establish a budget and make expenditures.
N. Adopt a seal and bylaws governing the management and operation of the Interstate Commission.
O. Report annually to the legislatures, governors, judiciary and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports must also include any recommendations that may have been adopted by the Interstate Commission.
P. Coordinate education, training and public awareness regarding the Compact, its implementation and operation for officials and parents and legal guardians.
Q. Establish uniform standards for the reporting, collecting and exchanging of data.
R. Maintain corporate books and records in accordance with the bylaws.
κ2009 Statutes of Nevada, Page 2608 (CHAPTER 463, SB 303)κ
S. Perform such functions as may be necessary or appropriate to achieve the purposes of this Compact.
T. Provide for the uniform collection and sharing of information between and among member states, schools and military families under this Compact.
ARTICLE XI
Organization and Operation of the Interstate Commission
A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, without limitation:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an Executive Committee and such other committees as may be necessary;
3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that exist upon the termination of the Compact after the payment and reserving of all of its debts and obligations; and
7. Providing start up rules for initial administration of the Compact.
B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a Chairperson, a Vice Chairperson and a Treasurer, each of whom has the authority and duties as specified in the bylaws. The Chairperson or, in the Chairpersons absence or disability, the Vice Chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission. However, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.
C. Executive Committee, Officers and Personnel
1. The Executive Committee shall have such authority and duties as set forth in the bylaws, including, without limitation:
a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;
b. Overseeing an organizational structure within, and appropriate procedures for, the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
κ2009 Statutes of Nevada, Page 2609 (CHAPTER 463, SB 303)κ
c. Planning, implementing and coordinating communications and activities with other state, federal and local government organizations to advance the goals of the Interstate Commission.
2. The Executive Committee may, subject to the approval of the Interstate Commission, appoint or retain an Executive Director upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as Secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The Executive Director shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commissions Executive Director and employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that the Executive Director or employee had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties or responsibilities. The Executive Director or an employee shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct on the part of the person.
1. The liability of the Interstate Commissions Executive Director, an employee or a representative acting within the scope of such persons employment or duties for acts, errors or omissions occurring within such persons state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. The Interstate Commission is considered to be an instrumentality of the member states for the purposes of any such action. Nothing in this subsection protects such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct on the part of the person.
2. The Interstate Commission shall defend the Executive Director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct of the person.
3. To the extent not covered by the state involved, member state or the Interstate Commission, a representative or employee of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys fees and costs, obtained against such person arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of the person.
κ2009 Statutes of Nevada, Page 2610 (CHAPTER 463, SB 303)κ
ARTICLE XII
Rulemaking Functions of the Interstate Commission
A. Rulemaking Authority Except as otherwise provided in this section, the Interstate Commission shall promulgate reasonable rules to effectively and efficiently achieve the purposes of this Compact. If the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, such an action by the Interstate Commission shall be deemed invalid and have no force or effect.
B. Rulemaking Procedure Rules must be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act, of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
C. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule. The filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commissions authority.
D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compacting state.
ARTICLE XIII
Oversight, Enforcement and Dispute Resolution
A. Oversight
1. The executive, legislative and judicial branches of state government in each member state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The provisions of this Compact and the rules promulgated hereunder must have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission.
3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this Compact or promulgated rules.
B. Default, Technical Assistance, Suspension and Termination
1. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact, the bylaws or the rules, the Interstate Commission shall:
κ2009 Statutes of Nevada, Page 2611 (CHAPTER 463, SB 303)κ
a. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state may cure its default.
b. Provide remedial training and specific technical assistance regarding the default.
2. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
3. Suspension or termination of membership in the Compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting states legislature and each of the member states.
4. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination; including obligations the performance of which extends beyond the effective date of suspension or termination.
5. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
6. The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.
C. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
2. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Compact, its promulgated rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.
κ2009 Statutes of Nevada, Page 2612 (CHAPTER 463, SB 303)κ
3. The remedies set forth herein must not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
ARTICLE XIV
Financing of the Interstate Commission
A. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commissions annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind before securing the funds adequate to meet the same and shall not pledge the credit of any of the member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Interstate Commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Interstate Commission.
ARTICLE XV
Member States, Effective Date and Amendment
A. Any state is eligible to become a member state.
B. Upon legislative enactment of the Compact into law by not less than 10 states, the Compact becomes effective and binding as to those states that have enacted the Compact. The Compact shall become effective and binding as to any other member state upon enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis before adoption of the Compact by all states.
C. The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by each member state.
κ2009 Statutes of Nevada, Page 2613 (CHAPTER 463, SB 303)κ
ARTICLE XVI
Withdrawal and Dissolution
A. Withdrawal
1. Once effective, the Compact shall continue in force and remain binding upon each member state.
2. A member state may withdraw from the Compact by repealing the statute which enacted the Compact. Withdrawal from the Compact must not be effective less than 1 year after the effective date of repeal of the statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each member state.
3. The withdrawing state shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing states intent to withdraw within 60 days after its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extend beyond the effective date of withdrawal.
5. A state that has withdrawn from the Compact may be reinstated upon reenactment of the Compact by that state or a later date, as determined by the Interstate Commission.
B. Dissolution of Compact
1. The effectiveness of this Compact dissolves upon the date of the withdrawal or default of the member state which reduces the membership in the Compact to one member state.
2. Upon dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect. The business and affairs of the Interstate Commission must be concluded and surplus funds must be distributed in accordance with the bylaws.
ARTICLE XVII
Severability and Construction
A. The provisions of this Compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact remain enforceable.
B. The provisions of this Compact must be liberally construed to effectuate its purposes.
C. Nothing in this Compact may be construed to prohibit the applicability of other interstate compacts to which the states are members.
ARTICLE XVIII
Binding Effect of Compact and Other Laws
A. Other Laws
1. Nothing herein prevents the enforcement of any other statute of a member state that is not inconsistent with this Compact.
κ2009 Statutes of Nevada, Page 2614 (CHAPTER 463, SB 303)κ
2. The statutes of a member state which conflict with this Compact are superseded to the extent of the conflict.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member states are binding in accordance with the terms of such agreements.
3. In the event a provision of this Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision is not effective to the extent of the conflict with the Constitution in that member state.
Sec. 3. 1. In furtherance of the provisions contained in the Interstate Compact on Educational Opportunity for Military Children, there is hereby created a State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children, consisting of the following members:
(a) One representative of the Nevada National Guard, appointed by the Governor.
(b) One representative of each military installation in this State, appointed by the commanding officer of that military installation.
(c) The Superintendent of Public Instruction.
(d) The superintendent of each school district in which a military installation is located.
(e) One Legislator or other person appointed by the Legislative Commission to represent the interests of the Legislature.
(f) One person appointed by the Governor to represent the interests of the Governor.
2. A member of the State Council serves a term of 2 years and until his successor is appointed. A member may be reappointed.
3. A member of the State Council may be removed from office by the appointing authority at any time.
4. A vacancy on the State Council must be filled in the same manner as the original appointment.
5. The members of the State Council serve without compensation and are not entitled to any per diem or travel expenses.
Sec. 4. 1. The State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children created pursuant to section 3 of this act shall appoint a liaison to assist military families and the State in facilitating the implementation of the Interstate Compact on Educational Opportunity for Military Children. The liaison shall carry out the duties set forth in the Interstate Compact as may be required by the State Council.
2. The liaison appointed pursuant to this section may be a member of the State Council appointed pursuant to section 3 of this act or any other person deemed appropriate by the State Council.
3. If the liaison appointed pursuant to this section is not a member of the State Council appointed pursuant to section 3 of this act, he shall serve as an ex officio nonvoting member of the State Council.
4. The liaison appointed pursuant to this section serves without compensation and is not entitled to any per diem or travel expenses.
κ2009 Statutes of Nevada, Page 2615 (CHAPTER 463, SB 303)κ
Sec. 5. 1. The Governor shall appoint a Commissioner to administer and manage the participation of the State in the Interstate Compact on Educational Opportunity for Military Children.
2. The Commissioner shall serve at the pleasure of the Governor. The Commissioner shall:
(a) Carry out the duties set forth in the Interstate Compact as may be required by the State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children; and
(b) Cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact, any supplementary agreement thereto or agreements entered into by this State under the Interstate Compact.
3. The Commissioner appointed pursuant to this section may be a member of the State Council or any other person deemed appropriate by the Governor.
4. If the Commissioner appointed pursuant to this section is not a member of the State Council appointed pursuant to section 3 of this act, the Commissioner shall serve as an ex officio nonvoting member of the State Council.
5. If the Commissioner appointed pursuant to this section is not able to attend a meeting of the Interstate Commission, the Governor may appoint another person to attend the meeting on behalf of the State.
6. The Commissioner appointed pursuant to this section serves without compensation and is not entitled to any per diem or travel expenses.
Sec. 6. (Deleted by amendment.)
Sec. 7. 1. Money to carry out the provisions of this chapter must be accounted for separately in the Interstate Compact on Educational Opportunity for Military Children Account which is hereby created.
2. The money in the Account may be used by the State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children created pursuant to section 3 of this act to:
(a) Pay any assessments, obligations or fees to the Interstate Commission.
(b) To meet necessary administrative expenses of the State Council.
3. The Superintendent of Public Instruction shall administer the Account.
4. The Superintendent of Public Instruction may accept any gifts, grants or donations for deposit in the Account.
5. Nothing in the provisions of sections 2 to 8, inclusive, of this act, require the Department or the board of trustees of a school district to allocate money in addition to money available in the Account for the payment of expenses incurred pursuant to those provisions.
Sec. 8. 1. All officers of the State are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the Interstate Compact on Educational Opportunity for Military Children and to accomplish the purposes thereof.
2. All officers, bureaus, departments and persons of and in the State Government or administration of this State are hereby authorized and directed at convenient times and upon request of the State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children to furnish the State Council with information and data possessed by them and to aid the State Council by any means lying within their legal rights.
κ2009 Statutes of Nevada, Page 2616 (CHAPTER 463, SB 303)κ
Military Children to furnish the State Council with information and data possessed by them and to aid the State Council by any means lying within their legal rights.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 388.470 is hereby amended to read as follows:
388.470 1. Before any child is placed in a special program for pupils with disabilities or gifted and talented pupils:
(a) A consultation must be held with his parents or guardian.
(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the State Board.
2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.
3. The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.
4. Pursuant to the provisions of section 2 of this act, a child with a disability who transfers to a school in this State from a school inside or outside this State because of the military transfer of the parent or legal guardian of the child must initially be provided services that are comparable to the services the child received at his previous school under his current individualized education program until the placement of the child is determined pursuant to this section.
Sec. 10.5. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The superintendent of a school district or his designee shall, in accordance with section 2 of this act, make reasonable efforts to accommodate a pupil who transfers to a public school in the school district from a school inside or outside this State because of the military transfer of the parent or legal guardian of the pupil.
2. If the superintendent of a school district or his designee is not able to grant a standard high school diploma to a pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil, the superintendent or his designee shall work cooperatively with the local education agency in the state in which the pupil was previously enrolled to determine if the pupil is eligible to receive a diploma from that local education agency and, if the pupil is eligible, to facilitate receiving a high school diploma from that local education agency.
Sec. 11. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Mathematics; and
(c) Science.
κ2009 Statutes of Nevada, Page 2617 (CHAPTER 463, SB 303)κ
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 7, 10 and 11.
(b) Administered in each school district and each charter school at the same time during the spring semester. The time for the administration of the examinations must be prescribed by the State Board.
(c) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of school districts and individual schools with the uniform procedures.
(d) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the Department; and
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.
(e) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the examinations shall report the results of the examinations in the form and by the date required by the Department.
3. Not more than 14 working days after the results of the examinations are reported to the Department by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:
(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or
(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.
Κ If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil of each subject area that the pupil failed as soon as practicable but not later than 15 working days after the school receives the results of the examination.
4. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 7 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.
κ2009 Statutes of Nevada, Page 2618 (CHAPTER 463, SB 303)κ
requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.
5. [If] Except as otherwise provided in subsection 6, if a pupil fails to pass the high school proficiency examination, he must not be graduated unless he:
(a) Is able, through remedial study, to pass the proficiency examination; or
(b) Passes the subject areas of mathematics and reading tested on the proficiency examination, has at least a 2.75 grade point average on a 4.0 grading scale and satisfies the alternative criteria prescribed by the State Board pursuant to NRS 389.805,
Κ but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 18 years.
6. A pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of subsection 5 if, in accordance with the provisions of section 2 of this act, the school district in which the pupil is enrolled:
(a) Accepts the results of the exit or end-of-course examinations required for graduation in the local education agency in which the pupil was previously enrolled;
(b) Accepts the results of a national norm-referenced achievement examination taken by the pupil; or
(c) Establishes an alternative test for the pupil which demonstrates proficiency in the subject areas tested on the high school proficiency examination, and the pupil successfully passes that test.
7. The State Board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must include the subjects of reading, mathematics and science and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 7 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a:
(1) State officer who is a member of the Executive or Legislative Branch to the extent that it is necessary for the performance of his duties;
(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.
κ2009 Statutes of Nevada, Page 2619 (CHAPTER 463, SB 303)κ
(c) That specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
(d) As required pursuant to NRS 239.0115.
Sec. 12. NRS 389.035 is hereby amended to read as follows:
389.035 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, no pupil in any public high school, the Caliente Youth Center, the Nevada Youth Training Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS may receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.
2. A pupil who is enrolled in a university school for profoundly gifted pupils who meets the requirements of NRS 392A.100 is exempt from the provisions of [this section.] subsection 1.
3. A pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of subsection 1 if, in accordance with the provisions of section 2 of this act, the pupil:
(a) Successfully completed a comparable course in the school in which he was previously enrolled; or
(b) Successfully completes an alternative means prescribed by the school district for acquiring the required course work.
Sec. 13. NRS 389.805 is hereby amended to read as follows:
389.805 1. [A] Except as otherwise provided in subsection 3, a pupil must receive a standard high school diploma if he:
(a) Passes all subject areas of the high school proficiency examination administered pursuant to NRS 389.015 and otherwise satisfies the requirements for graduation from high school; or
(b) Has failed to pass the high school proficiency examination administered pursuant to NRS 389.015 in its entirety not less than three times before beginning grade 12 and the pupil:
(1) Passes the subject areas of mathematics and reading on the proficiency examination;
(2) Has an overall grade point average of not less than 2.75 on a 4.0 grading scale;
(3) Satisfies the alternative criteria prescribed by the State Board pursuant to subsection [3;] 4; and
(4) Otherwise satisfies the requirements for graduation from high school.
2. A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma may receive a diploma designated as an adjusted diploma if he satisfies the requirements set forth in his individualized education program. As used in this subsection, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
3. A pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of paragraphs (a) and (b) of subsection 1 if, in accordance with the provisions of section 2 of this act, the school district in which the pupil is enrolled:
κ2009 Statutes of Nevada, Page 2620 (CHAPTER 463, SB 303)κ
requirements of paragraphs (a) and (b) of subsection 1 if, in accordance with the provisions of section 2 of this act, the school district in which the pupil is enrolled:
(a) Accepts the results of the exit or end-of-course examinations required for graduation in the local education agency in which the pupil was previously enrolled;
(b) Accepts the results of a national norm-referenced achievement examination taken by the pupil; or
(c) Establishes an alternative test for the pupil which demonstrates proficiency in the subject areas tested on the high school proficiency examination, and the pupil successfully passes that test.
4. The State Board shall adopt regulations that prescribe the alternative criteria for a pupil to receive a standard high school diploma pursuant to paragraph (b) of subsection 1, including, without limitation:
(a) An essay;
(b) A senior project; or
(c) A portfolio of work,
Κ or any combination thereof, that demonstrate proficiency in the subject areas on the high school proficiency examination which the pupil failed to pass.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.
2. A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,
Κ and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade.
κ2009 Statutes of Nevada, Page 2621 (CHAPTER 463, SB 303)κ
district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the childs first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
6. A child who is 7 years of age on or before September 30 of a school year must:
(a) If he has completed kindergarten and the first grade, be admitted to the second grade.
(b) If he has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the childs attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.
Κ The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before September 30 of the next school year; and
(b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,
Κ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. [A] Except as otherwise provided in subsection 9, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
9. Pursuant to the provisions of section 2 of this act, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, he was attending or would be attending had he remained a resident of the other state, regardless of his age.
κ2009 Statutes of Nevada, Page 2622 (CHAPTER 463, SB 303)κ
(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of his age.
10. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a childs home pursuant to NRS 388.060.
Sec. 16. NRS 392.122 is hereby amended to read as follows:
392.122 1. The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing a minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.
2. For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements. The teacher or principal of the school may approve the absence of a pupil for deployment activities of the parent or legal guardian of the pupil, as defined in section 2 of this act. If the board of trustees of a school district has adopted a policy pursuant to subsection 5, the 10-day limitation on absences does not apply to absences that are excused pursuant to that policy.
3. Except as otherwise provided in subsection 5, before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or his designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and his parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and his parent or legal guardian, the principal or his designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or his designee shall credit towards the required days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and
(b) The pupil has completed course-work requirements.
4. A pupil and his parent or legal guardian may appeal a decision of a principal or his designee pursuant to subsection 3 to the board of trustees of the school district in which the pupil is enrolled.
5. The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1. If a board of trustees adopts a policy pursuant to this subsection:
κ2009 Statutes of Nevada, Page 2623 (CHAPTER 463, SB 303)κ
(a) A pupil who receives an exemption pursuant to this subsection is not exempt from the minimum number of days of attendance prescribed pursuant to subsection 1.
(b) The days on which a pupil is physically or mentally unable to attend school must be credited towards the required days of attendance if the pupil has completed course-work requirements.
(c) The procedure for review of absences set forth in subsection 3 does not apply to days on which the pupil is absent because the pupil is physically or mentally unable to attend school.
6. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
Sec. 17. NRS 392.435 is hereby amended to read as follows:
392.435 1. Unless excused because of religious belief or medical condition [,] and except as otherwise provided in subsection 5, a child may not be enrolled in a public school within this State unless his parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the State Board of Health may determine.
2. The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or his designee or a registered nurse or his designee, attesting that the certificate accurately reflects the childs record of immunization.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.
5. A child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be enrolled in school in this State regardless of whether the child has been immunized.
κ2009 Statutes of Nevada, Page 2624 (CHAPTER 463, SB 303)κ
the child must be enrolled in school in this State regardless of whether the child has been immunized. Unless a different time frame is prescribed pursuant to section 2 of this act, the parent or legal guardian shall submit a certificate from a physician or local health officer showing that the child:
(a) If the requirements of subsection 1 can be met with one visit to a physician or clinic, has been fully immunized within 30 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled; or
(b) If the requirements of subsection 1 cannot be met with one visit to a physician or clinic, is receiving the required immunizations within 30 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled. A certificate from the physician or local health officer showing that the child has been fully immunized must be submitted to the appropriate school officers within 120 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled.
Κ If the parent or legal guardian fails to submit the documentation required pursuant to this subsection, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.
6. Before December 31 of each year, each school district and the governing body of each charter school shall report to the Health Division of the Department of Health and Human Services, on a form furnished by the Division, the exact number of pupils who have completed the immunizations required by this section.
[6.] 7. The certificate of immunization must be included in the pupils academic or cumulative record and transferred as part of that record upon request.
Sec. 18. The Superintendent of Public Instruction shall, to the extent authorized by law, apply for any gifts, grants and donations available for deposit in the Interstate Compact on Educational Opportunity for Military Children Account, created pursuant to section 7 of this act, to carry out the provisions of the Interstate Compact on Educational Opportunity for Military Children.
Sec. 19. During the period commencing on July 1, 2009, through December 31, 2010, the superintendent of each school district shall work cooperatively with the United States Department of Defense and local education agencies in other states to accommodate, to the extent authorized by state law, a pupil who transfers to a public school in this State because of the military transfer of the parent or legal guardian of the pupil.
Sec. 20. 1. This section and sections 1, 7, 18 and 19 of this act become effective on July 1, 2009.
2. Sections 2 to 6, inclusive, and 8 to 17, inclusive, of this act become effective on January 1, 2011.
________
κ2009 Statutes of Nevada, Page 2625κ
Senate Bill No. 332Committee on Energy, Infrastructure and Transportation
CHAPTER 464
AN ACT relating to vehicles; revising provisions governing the use of alternative fuels and clean vehicles by fleets owned, operated or leased by certain state agencies and local governing bodies; authorizing a program to provide incentives to acquire clean vehicles and motor vehicles that use alternative fuels; providing for the taxation of ethanol and methanol as motor vehicle fuels and biodiesel and blends of biodiesel and petroleum-based diesel as special fuels; making various changes concerning the licensure and regulation of persons who manufacture special fuel; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
Sections 1-11 of this bill revise provisions governing the use of alternative fuels by certain fleet vehicles. (NRS 486A.010-486A.180) Section 4 revises the definition of alternative fuel to authorize the State Environmental Commission to define the term by regulation. (NRS 486A.030) Section 5 revises the definition of fleet to limit the applicability of sections 1-11 to a fleet of 50 or more motor vehicles which are registered in the same county and which are under the common control of and owned, leased or operated by a state agency or a local governing body. (NRS 486A.080) Section 6 excludes certain vehicles that have a manufacturers gross vehicle weight rating of more than 26,000 pounds from the requirements of sections 1-11. (NRS 486A.110)
Section 12 of this bill revises provisions encouraging the voluntary use of clean vehicles and motor vehicles that use alternative fuels by persons who are not subject to the requirements of sections 1-11 of this bill. (NRS 486A.200)
Existing law provides for the taxation of certain motor vehicle fuels, including gasoline. (NRS 365.060, 365.175-365.192) Section 20 of this bill includes ethanol and methanol within the definition of motor vehicle fuel and thereby requires ethanol and methanol to be taxed in the same manner and at the same rate as gasoline. In addition, the inclusion of ethanol and methanol as motor vehicle fuels will subject dealers, suppliers, exporters and transporters of ethanol and methanol to the same requirements and penalties currently applicable to dealers, suppliers, exporters and transporters of gasoline, including, without limitation, requirements concerning licensing, bonding, recordkeeping and the collection and payment of taxes. (NRS 365.270, 365.290, 365.322, 365.324, 365.330, 365.500-365.530, 365.570-365.605) Sections 17 and 18 of this bill authorize the Department of Motor Vehicles to take certain administrative action against a person licensed pursuant to chapter 365 of NRS or a person who acts as a motor vehicle fuel supplier without a license, including the imposition of administrative fines and the suspension or revocation of the license of a licensee under certain circumstances.
Existing law provides for the taxation of certain special fuels for motor vehicles, including any combustible gas or liquid other than the fuels which are taxed as motor vehicle fuels pursuant to chapter 365 of NRS, and any emulsion of water-phased hydrocarbon fuel used in a motor vehicle. (NRS 366.060, 366.190, 366.195) Sections 23, 24 and 29 of this bill provide for the taxation of biodiesel and blends of biodiesel and a petroleum-based product as special fuels.
κ2009 Statutes of Nevada, Page 2626 (CHAPTER 464, SB 332)κ
Section 25 of this bill defines a special fuel manufacturer as a person who manufactures, blends, produces, refines, prepares, distills or compounds only special fuel containing biodiesel or biodiesel blend in this State for his personal use in this State or for sale or delivery in or outside of this State. Section 30 of this bill exempts a special fuel manufacturer from regulation as a special fuel supplier. Section 33 of this bill prohibits a person from acting as a special fuel manufacturer without first obtaining a license from the Department of Motor Vehicles. The Department is authorized to adopt regulations relating to the issuance of a license to a special fuel manufacturer and to collect fees for the issuance of such a license.
Sections 40 and 41 of this bill require a special fuel manufacturer to file tax returns with the Department in the same manner as a special fuel dealer. Section 42 of this bill requires a special fuel manufacturer to pay the taxes on special fuels imposed by chapter 366 of NRS. Section 26 of this bill requires a special fuel manufacturer to submit certain monthly reports to the Department. Section 36 of this bill provides that the Department must require a special fuel manufacturer who is habitually delinquent in the payment of special fuel taxes to execute a bond payable to the State in an amount of not less than $2,500. Section 43 of this bill requires a special fuel manufacturer to keep certain records as required by the Department.
Sections 27 and 46 of this bill authorize the Department to take certain administrative action against a person licensed pursuant to chapter 366 of NRS or a person who acts as special fuel supplier without a license, including the imposition of administrative fines and the suspension or revocation of the license of a licensee under certain circumstances. A special fuel manufacturer or any other person who makes a false or fraudulent report with the intent to evade the taxes imposed pursuant to chapter 366 of NRS is guilty of a gross misdemeanor. (NRS 366.710) A special fuel manufacturer who violates any other provision of chapter 366 of NRS as amended by this bill is guilty of a misdemeanor. (NRS 366.720, 366.730)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 486A of NRS is hereby amended by adding thereto a new section to read as follows:
Clean vehicle means any motor vehicle which complies with the specifications for clean vehicles established by the Commission.
Sec. 2. NRS 486A.010 is hereby amended to read as follows:
486A.010 The Legislature finds that:
1. [Protection of the] The States environment, particularly the quality of its air, [requires a reduction,] may be improved, especially in metropolitan areas, [of the contaminants resulting from the combustion of conventional fuels in motor] through the use of alternative fuels and clean vehicles.
2. A very large proportion of [these] air contaminants [results] result from the burning of liquid and gaseous fuels to operate trucks and buses, many of which are operated in fleets. Each fuel can be evaluated as to the air pollution it causes when burned in motor vehicles [.
3. Conversion of these fleets to use cleaner-burning alternative fuels can reduce contaminants sufficiently to permit the continued use of conventional fuels in individually owned motor] , and particular models of motor vehicles can be evaluated to assess the amount of contaminants those motor vehicles emit.
3. Fleets operated by state agencies and local governing bodies can reduce air contaminants through the use of cleaner-burning alternative fuels and the acquisition of clean vehicles.
κ2009 Statutes of Nevada, Page 2627 (CHAPTER 464, SB 332)κ
Sec. 3. NRS 486A.020 is hereby amended to read as follows:
486A.020 As used in NRS 486A.010 to 486A.180, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 4. NRS 486A.030 is hereby amended to read as follows:
486A.030 Alternative fuel means any fuel which complies with the standards and requirements for alternative fuel established by the Commission. [The term includes:
1. Reformulated gasoline; and
2. Finished diesel fuel that:
(a) Meets ASTM International specification D975; and
(b) Includes at least 5 percent biodiesel fuel blend stock for distillate fuels meeting ASTM International specification D6751,
Κ which comply with any applicable regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990, Public Law 101-549, November 15, 1990.] The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410.
Sec. 5. NRS 486A.080 is hereby amended to read as follows:
486A.080 Fleet means [10] 50 or more motor vehicles [that] which are registered in the same county and which are under the common control of and owned, leased or operated by [the State or a local governing body. The term includes fleets that are used by the State,] a state agency or a local governing body. The term does not include long haul trucks for use in interstate transportation or motor vehicles held for lease or rental to the general public.
Sec. 6. NRS 486A.110 is hereby amended to read as follows:
486A.110 Motor vehicle means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property. The term does not include a:
1. Farm tractor as defined in NRS 482.035;
2. Moped as defined in NRS 482.069; [and]
3. Motorcycle as defined in NRS 482.070 [.] ; and
4. Vehicle having a manufacturers gross vehicle weight rating of more than 26,000 pounds, unless the vehicle is designed for carrying more than 15 passengers.
Sec. 7. NRS 486A.140 is hereby amended to read as follows:
486A.140 The provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act do not apply to:
1. The owner of a fleet of motor vehicles that operates only in a county whose population is less than 100,000.
2. Any governmental agency exempted by federal statute or regulation.
3. Any person exempted by the Commission.
Sec. 8. NRS 486A.150 is hereby amended to read as follows:
486A.150 The Commission shall adopt regulations necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act, including, [but not limited to,] without limitation, regulations concerning:
κ2009 Statutes of Nevada, Page 2628 (CHAPTER 464, SB 332)κ
1. Standards and requirements for alternative fuel. [The Commission shall] In establishing standards and requirements for alternative fuel, the Commission:
(a) Must consider fuels that are recognized by the Environmental Protection Agency and the Department of Energy to improve air quality or reduce harmful air emissions.
(b) Shall not discriminate against any product that is petroleum based.
2. Specifications for clean vehicles and motor vehicles that use alternative fuels. To the extent practicable and appropriate, the specifications established by the Commission must be consistent with the specifications established by the Environmental Protection Agency and the Department of Energy for the vehicle category and year of manufacture.
3. The [conversion of fleets to use alternative fuels if the] acquisition of clean vehicles and motor vehicles that use alternative fuels by a fleet that is operated in a county whose population is 100,000 or more [.
3. Standards for alternative fuel injection systems for diesel motor vehicles.] , including, without limitation, recordkeeping and reporting requirements concerning such vehicles.
4. Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.
5. The establishment of a procedure for approving variances or exemptions to the requirements of NRS 486A.010 to 486A.180, inclusive [.
6. Standards related to the use of dedicated alternative fuel motor vehicles.] , and section 1 of this act. The Commission may approve a variance or exemption based upon:
(a) A determination by the Commission that compliance with the requirements of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act:
(1) Would void or reduce the coverage under a manufacturers warranty for any vehicle or vehicle component;
(2) Would result in financial hardship to the owner or operator of a fleet; or
(3) Is impractical because of the lack of availability of clean vehicles, alternative fuel or motor vehicles that use alternative fuel; or
(b) Any other reason which the Commission determines is appropriate.
Sec. 9. NRS 486A.160 is hereby amended to read as follows:
486A.160 1. The Department shall:
(a) Make such determinations and issue such orders as may be necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive [;] , and section 1 of this act;
(b) Enforce the regulations adopted by the Commission pursuant to the provisions of NRS 486A.010 to 486A.180, inclusive [;] , and section 1 of this act; and
(c) Conduct any investigation, research or study necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive [.] , and section 1 of this act.
2. Upon request, the Department of Motor Vehicles shall provide to the Department information contained in records of registration of motor vehicles.
κ2009 Statutes of Nevada, Page 2629 (CHAPTER 464, SB 332)κ
Sec. 10. NRS 486A.170 is hereby amended to read as follows:
486A.170 1. An authorized representative of the Department may enter and inspect any fleet of [10 or more] motor vehicles that is subject to the requirements of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act to ascertain compliance with the provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
2. A person who owns or leases a fleet of [10 or more] motor vehicles shall not:
(a) Refuse entry or access to the motor vehicles to any authorized representative of the Department who requests entry for the purpose of inspection as provided in subsection 1.
(b) Obstruct, hamper or interfere with any such inspection.
3. If requested by the owner or lessor of a fleet of motor vehicles, the Department shall prepare a report of an inspection made pursuant to subsection 1 setting forth all facts determined which relate to the owners or lessors compliance with the provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
Sec. 11. NRS 486A.180 is hereby amended to read as follows:
486A.180 1. Except as otherwise provided in subsection 4, any person who violates any provision of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The Commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act or any regulation [in force] adopted pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act and any regulations [in force] adopted pursuant thereto, by injunction or other appropriate remedy. The Commission or the Director of the Department may institute and maintain in the name of the State of Nevada any such enforcement proceeding.
4. A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.
5. The Commission and the Department shall deposit all money collected pursuant to this section in the State General Fund. Money deposited in the State General Fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.
Sec. 12. NRS 486A.200 is hereby amended to read as follows:
486A.200 1. After consulting with the Department of Business and Industry, the Department may, within limits of legislative appropriations or authorizations or grants available for this purpose, develop and carry out a program to provide incentives to encourage those persons who are not otherwise required to do so pursuant to NRS 486A.010 to 486A.180, inclusive, and section 1 of this act to [use clean-burning fuel in motor vehicles.] acquire clean vehicles and motor vehicles that use alternative fuels.
κ2009 Statutes of Nevada, Page 2630 (CHAPTER 464, SB 332)κ
fuels. The program may include, without limitation, a method of educating the members of the general public concerning:
(a) The program administered by the Department; and
(b) The benefits of using [clean-burning fuel in] clean vehicles and motor vehicles [.] that use alternative fuels.
2. The Department may adopt regulations to carry out the provisions of this section.
3. As used in this section:
(a) [Clean-burning fuel has the meaning ascribed to alternative fuel in 10 C.F.R. § 490.2.] Clean vehicle has the meaning ascribed to it in section 1 of this act.
(b) Department means the State Department of Conservation and Natural Resources.
(c) Motor vehicle has the meaning ascribed to it in NRS 365.050.
Sec. 13. (Deleted by amendment.)
Sec. 14. Chapter 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 18, inclusive, of this act.
Sec. 15. Ethanol means denatured ethyl alcohol produced for use as a fuel.
Sec. 16. Methanol means anhydrous methyl alcohol produced for use as a fuel.
Sec. 17. 1. The Department may take disciplinary action in accordance with subsection 2 against any person who, below the terminal rack:
(a) Sells or stores for personal consumption any motor vehicle fuel for a use which the person selling or storing the fuel knows, or has reason to know, is a taxable use of the fuel and does not report and pay the applicable tax to the Department;
(b) Willfully alters the volume or composition of any motor vehicle fuel which is intended for a taxable use and does not report and pay the applicable tax to the Department; or
(c) Sells motor vehicle fuel which the person selling the fuel knows, or has reason to know, is formulated in a manner that violates any provision of state or federal law governing standards for the formulation of motor vehicle fuel.
2. For any violation described in subsection 1, the Department may:
(a) For a first violation within 4 years, impose an administrative fine of not more than $2,500 and suspend any license issued to the person pursuant to the provisions of this chapter for not more than 30 days;
(b) For a second violation within 4 years, impose an administrative fine of not more than $5,000 and suspend any license issued to the person pursuant to the provisions of this chapter for not more than 60 days; and
(c) For a third or subsequent violation within 4 years, impose an administrative fine of not more than $10,000 and revoke any license issued to the person pursuant to the provisions of this chapter.
Sec. 18. 1. If the Department determines through an audit that a retailer has sold motor vehicle fuel which substantially exceeds the ethanol tolerance for motor vehicle fuel prescribed by federal law, the Department may:
κ2009 Statutes of Nevada, Page 2631 (CHAPTER 464, SB 332)κ
(a) For a first violation and each subsequent violation committed during the first violation year, impose an administrative fine of not more than $1,000 on the retailer and the supplier of the motor vehicle fuel. The total fines imposed on a person pursuant to this paragraph must not exceed $100,000.
(b) For each violation committed during the second violation year, impose an administrative fine of not more than $2,500 on the retailer and the supplier of the motor vehicle fuel and suspend any license issued to the retailer or the supplier pursuant to the provisions of this chapter for not more than 60 days. The total fines imposed on a person pursuant to this paragraph must not exceed $250,000.
(c) For each violation committed during the third or subsequent violation year, impose an administrative fine of not more than $5,000 on the retailer and the supplier of the motor vehicle fuel and permanently revoke any license issued to the retailer or the supplier pursuant to the provisions of this chapter. The total fines imposed on a person pursuant to this paragraph must not exceed $500,000.
2. As used in this section:
(a) Substantially exceeds means that a motor vehicle fuel contains a concentration of alcohol or is formulated in a manner which exceeds the standards for the formulation of motor vehicle fuel established by federal law in an amount established by the Department.
(b) Supplier includes a person who acts as a supplier of motor vehicle fuel but who is not licensed to engage in business as a supplier pursuant to the provisions of this chapter.
(c) Violation year means any calendar year in which the retailer or supplier commits a violation.
Sec. 19. NRS 365.010 is hereby amended to read as follows:
365.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 365.015 to 365.092, inclusive, and sections 15 and 16 of this act have the meanings ascribed to them in those sections.
Sec. 20. NRS 365.060 is hereby amended to read as follows:
365.060 Motor vehicle fuel means gasoline, natural gasoline, casing-head gasoline , methanol, ethanol or any other inflammable or combustible liquid, regardless of the name by which the liquid is known or sold, the chief use of which in this State is for the propulsion of motor vehicles, motorboats or aircraft other than jet or turbine-powered aircraft. The term does not include kerosene, gas oil, fuel oil, fuel for jet or turbine-powered aircraft, diesel fuel, biodiesel, biodiesel blend, liquefied petroleum gas and an emulsion of water-phased hydrocarbon fuel, as that term is defined in NRS 366.026.
Sec. 21. NRS 365.600 is hereby amended to read as follows:
365.600 1. [The] Except as otherwise provided in sections 17 and 18 of this act, the Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto.
2. The Department shall afford to any person [so] fined pursuant to this section or section 17 or 18 of this act an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
κ2009 Statutes of Nevada, Page 2632 (CHAPTER 464, SB 332)κ
[2.] 3. All administrative fines collected by the Department pursuant to subsection 1 or section 17 or 18 of this act must be deposited with the State Treasurer to the credit of the State Highway Fund.
[3.] 4. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 22. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 27, inclusive, of this act.
Sec. 23. Biodiesel means a fuel composed of mono-alkyl esters of long-chain fatty acids or any other fuel sold or labeled as biodiesel which is suitable for use as a fuel in a motor vehicle.
Sec. 24. Biodiesel blend means a blend of biodiesel and a petroleum-based product suitable for use as a fuel in a motor vehicle.
Sec. 25. Special fuel manufacturer means a person who manufactures, blends, produces, refines, prepares, distills or compounds only special fuel containing biodiesel or biodiesel blend in this State for his personal use in this State or for sale or delivery in or outside of this State.
Sec. 26. Each special fuel manufacturer shall, not later than the last day of each month, submit to the Department a written report which sets forth:
1. The number of gallons of special fuel containing biodiesel or biodiesel blend the special fuel manufacturer manufactured, blended, produced, refined, prepared, distilled or compounded in this State;
2. The number of gallons of special fuel containing biodiesel or biodiesel blend the special fuel manufacturer manufactured, blended, produced, refined, prepared, distilled or compounded for personal use in this State;
3. The number of gallons of special fuel containing biodiesel or biodiesel blend the special fuel manufacturer sold or delivered in this State;
4. The name and mailing address of each person to whom the special fuel manufacturer sold or delivered special fuel containing biodiesel or biodiesel blend in this State; and
5. The number of gallons of special fuel containing biodiesel or biodiesel blend the special fuel manufacturer sold or distributed to each person described in subsection 4.
Sec. 27. 1. If the Department determines through an audit that a retailer has sold special fuel containing biodiesel or biodiesel blend which substantially exceeds the biodiesel tolerance for the biodiesel blend posted by the retailer, the Department may:
(a) For a first violation and each subsequent violation committed during the first violation year, impose an administrative fine of not more than $1,000 on the retailer and the supplier of the special fuel. The total fines imposed on a person pursuant to this paragraph must not exceed $100,000.
(b) For each violation committed during the second violation year, impose an administrative fine of not more than $2,500 on the retailer and the supplier of the special fuel and suspend any license issued to the retailer or the supplier pursuant to the provisions of this chapter for not more than 60 days.
κ2009 Statutes of Nevada, Page 2633 (CHAPTER 464, SB 332)κ
retailer or the supplier pursuant to the provisions of this chapter for not more than 60 days. The total fines imposed on a person pursuant to this paragraph must not exceed $250,000.
(c) For each violation committed during the third or subsequent violation year, impose an administrative fine of not more than $5,000 on the retailer and the supplier of the special fuel and permanently revoke any license issued to the retailer or the supplier pursuant to the provisions of this chapter. The total fines imposed on a person pursuant to this paragraph must not exceed $500,000.
2. As used in this section:
(a) Substantially exceeds means that a special fuel contains a biodiesel blend which exceeds the total volume displayed on the special fuel pump in an amount established by the Department.
(b) Supplier includes a person who acts as a supplier of special fuel but who is not licensed to engage in business as a supplier pursuant to the provisions of this chapter.
(c) Violation year means any calendar year in which the retailer or supplier commits a violation.
Sec. 28. NRS 366.020 is hereby amended to read as follows:
366.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and sections 23, 24 and 25 of this act have the meanings ascribed to them in those sections.
Sec. 29. NRS 366.060 is hereby amended to read as follows:
366.060 Special fuel means any combustible gas or liquid used for the generation of power for the propulsion of motor vehicles, including , without limitation, biodiesel, biodiesel blend and an emulsion of water-phased hydrocarbon fuel. The term does not include motor vehicle fuel as defined in chapter 365 of NRS.
Sec. 30. NRS 366.070 is hereby amended to read as follows:
366.070 1. Special fuel supplier means a person who:
[1.] (a) Imports or acquires immediately upon importation into this State special fuel from within or without a state, territory or possession of the United States or the District of Columbia into a terminal located in this State;
[2.] (b) Produces, manufactures or refines special fuel in this State; or
[3.] (c) Otherwise acquires for distribution in this State special fuel with respect to which there has been no previous taxable sale or use.
2. The term does not include a special fuel manufacturer.
Sec. 31. NRS 366.150 is hereby amended to read as follows:
366.150 1. The Department or its authorized agents may:
(a) Examine the books, papers, records and equipment of any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter, special fuel user , special fuel manufacturer or any other person transporting or storing special fuel;
(b) Investigate the character of the disposition which any person makes of special fuel; and
(c) Stop and inspect a motor vehicle that is using or transporting special fuel,
Κ to determine whether all excise taxes due pursuant to this chapter are being properly reported and paid.
2. The fact that the books, papers, records and equipment described in paragraph (a) of subsection 1 are not maintained in this State at the time of demand does not cause the Department to lose any right of examination pursuant to this chapter at the time and place those books, papers, records and equipment become available.
κ2009 Statutes of Nevada, Page 2634 (CHAPTER 464, SB 332)κ
demand does not cause the Department to lose any right of examination pursuant to this chapter at the time and place those books, papers, records and equipment become available.
3. If a special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user or special fuel manufacturer wishes to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada for inspection as provided in this section, he must pay a fee for the examination in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining those books and records, plus the actual expenses of the examiner during the time that the examiner is absent from this State for the purpose of making the examination, but the time must not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing those books and records. Not more than two such examinations may be charged against any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user or special fuel manufacturer in any year.
4. Any money received must be deposited by the Department to the credit of the fund or operating account from which the expenditures for the examination were paid.
5. Upon the demand of the Department, each special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user or special fuel manufacturer shall furnish a statement showing the contents of the records to such extent and in such detail and form as the Department may require.
Sec. 32. NRS 366.160 is hereby amended to read as follows:
366.160 1. All records of mileage operated, origin and destination points within this State, equipment operated in this State, gallons or cubic feet consumed [,] and tax paid must at all reasonable times be open to the public.
2. All supporting schedules, invoices and other pertinent papers relative to the business affairs and operations of any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user [,] or special fuel manufacturer, and any information obtained by an investigation of the records and equipment of any special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user [,] or special fuel manufacturer, shall be deemed confidential and must not be revealed to any person except as necessary to administer this chapter or as otherwise provided by NRS 239.0115 or by any other law.
Sec. 33. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this chapter:
(a) Before becoming a special fuel dealer, special fuel supplier, special fuel exporter, special fuel transporter , [or] special fuel user [,] or special fuel manufacturer, a person must apply to the Department, on forms to be prescribed by the Department, for a license authorizing the applicant to engage in business as a special fuel dealer, special fuel supplier, special fuel exporter , [or] special fuel transporter [,] or special fuel manufacturer or to operate as a special fuel user.
κ2009 Statutes of Nevada, Page 2635 (CHAPTER 464, SB 332)κ
(b) It is unlawful for any person to be:
(1) A special fuel dealer without holding a license as a special fuel dealer pursuant to this chapter.
(2) A special fuel supplier without holding a license as a special fuel supplier pursuant to this chapter.
(3) A special fuel exporter without holding a license as a special fuel exporter pursuant to this chapter.
(4) A special fuel transporter without holding a license as a special fuel transporter pursuant to this chapter.
(5) A special fuel user without holding a license as a special fuel user pursuant to this chapter.
(6) A special fuel manufacturer without holding a license as a special fuel manufacturer pursuant to this chapter.
2. The Department may adopt regulations relating to the issuance of any license pursuant to this chapter and the collection of fees therefor.
Sec. 34. NRS 366.221 is hereby amended to read as follows:
366.221 1. Except as otherwise provided in subsection 2, a special fuel users license is not required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this State for service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having a declared gross weight of 26,000 pounds or less.
(d) Operators of unladen motor vehicles purchased in this State for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this State for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles which are operated exclusively within this State.
2. A person otherwise exempt pursuant to subsection 1 who does not purchase special fuel in this State in an amount commensurate with his consumption of special fuel in the propulsion of motor vehicles on the highways of this State shall secure a special fuel users license.
Sec. 35. NRS 366.223 is hereby amended to read as follows:
366.223 1. A special fuel user may, in lieu of causing a motor vehicle that has a declared gross weight in excess of 26,000 pounds to be licensed pursuant to the provisions of NRS 366.220, obtain a temporary permit for special fuel from a vendor authorized to issue permits pursuant to NRS 481.051 before entering [the State or immediately upon entering] the State. The fee for a temporary permit for special fuel is $30 and is not refundable.
2. Except as otherwise provided in subsection 3, a temporary permit for special fuel authorizes the operation of such a motor vehicle over the highways of this State from point of entry to point of exit for not more than 24 consecutive hours.
3. The Department may issue to the owner or operator of a common motor carrier of passengers a temporary permit for special fuel that authorizes the operation of the motor carrier for not more than 120 consecutive hours.
4. The Department may adopt regulations relating to the issuance of a temporary permit for special fuel pursuant to this section.
κ2009 Statutes of Nevada, Page 2636 (CHAPTER 464, SB 332)κ
Sec. 36. NRS 366.235 is hereby amended to read as follows:
366.235 1. An applicant for or holder of a license as a special fuel supplier or special fuel dealer shall provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due the State of Nevada. The total amount of the bond or bonds of any holder of such a license must be fixed by the Department at not less than three times the estimated maximum monthly tax, determined in such a manner as the Department deems proper, but the amount must not be less than $1,000 for a special fuel supplier and must not be less than $100 for a special fuel dealer. If a special fuel supplier or special fuel dealer is habitually delinquent in the payment of amounts due pursuant to this chapter, the Department may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.
2. If a special fuel user or special fuel manufacturer is habitually delinquent in the payment of amounts due pursuant to this chapter, the Department shall require the special fuel user or special fuel manufacturer to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due the State of Nevada. The total amount of the bond must not be less than $2,500.
3. No recovery on any bond, execution of any new bond or suspension or revocation of any license as a special fuel supplier, special fuel dealer , [or] special fuel user or special fuel manufacturer affects the validity of any bond.
4. In lieu of a bond or bonds, an applicant for or holder of a license as a special fuel supplier or special fuel dealer, or a person required to provide a bond pursuant to subsection 2, may deposit with the State Treasurer, under such terms as the Department may prescribe, an equivalent amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Department.
5. If the holder of a license as a special fuel supplier or special fuel dealer is required to provide a bond of more than $5,000, the Department may reduce the requirements for the bond to not less than $5,000 upon the faithful performance of the special fuel supplier or special fuel dealer of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.
6. The Department shall immediately reinstate the original requirements for a bond for a holder of a license as a special fuel supplier or special fuel dealer upon his:
(a) Lack of faithful performance of the requirements of this chapter; or
(b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.
κ2009 Statutes of Nevada, Page 2637 (CHAPTER 464, SB 332)κ
7. For the purposes of this section, a person is habitually delinquent if, within any 12-month period, the person commits each of the following acts or commits either of the following acts more than once:
(a) Fails timely to file a monthly or quarterly special fuel tax return, unless the Department determines that:
(1) The failure to file was caused by circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care; and
(2) The person has paid any penalty and interest imposed by the Department because of the failure to file.
(b) Fails timely to submit to the Department any tax collected by the person pursuant to this chapter.
Sec. 37. NRS 366.240 is hereby amended to read as follows:
366.240 1. Except as otherwise provided in subsection 2, the Department shall:
(a) Upon receipt of the application and bond in proper form, issue to the applicant a special fuel suppliers or special fuel dealers license.
(b) Upon receipt of the application in proper form, issue to the applicant a special fuel exporters, special fuel transporters , [or] special fuel users or special fuel manufacturers license.
2. The Department may refuse to issue a license pursuant to this section to any person:
(a) Who formerly held a license issued pursuant to this chapter or a similar license of any other state, the District of Columbia, the United States, a territory or possession of the United States or any foreign country which, before the time of filing the application, has been revoked for cause;
(b) Who applies as a subterfuge for the real party in interest whose license, before the time of filing the application, has been revoked for cause;
(c) Who, if he is a special fuel supplier or special fuel dealer, neglects or refuses to furnish a bond as required by this chapter;
(d) Who is in default in the payment of a tax on special fuel in this State, any other state, the District of Columbia, the United States, a territory or possession of the United States or any foreign country;
(e) Who has failed to comply with any provision of this chapter; or
(f) Upon other sufficient cause being shown.
Sec. 38. NRS 366.250 is hereby amended to read as follows:
366.250 Any applicant whose application for a special fuel suppliers license, special fuel dealers license, special fuel exporters license, special fuel transporters license , [or] special fuel users license or special fuel manufacturers license has been denied may petition the Department for a hearing. The Department shall:
1. Grant the applicant a hearing.
2. Provide to the applicant, not less than 10 days before the hearing, written notice of the time and place of the hearing.
Sec. 39. NRS 366.270 is hereby amended to read as follows:
366.270 If any person ceases to be a special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user or special fuel manufacturer within this State by reason of the discontinuance, sale or transfer of his business, he shall:
1. Notify the Department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of the discontinuance, sale or transfer, and the name and address of any purchaser or transferee.
κ2009 Statutes of Nevada, Page 2638 (CHAPTER 464, SB 332)κ
2. Surrender to the Department the license issued to him by the Department.
3. If he is:
(a) A special fuel user registered under the Interstate Highway User Fee Apportionment Act, file the tax return required pursuant to NRS 366.380 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
(b) A special fuel supplier, file the tax return required pursuant to NRS 366.383 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
(c) A special fuel dealer [,] or special fuel manufacturer, file the tax return required pursuant to NRS 366.386 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
(d) A special fuel exporter, file the report required pursuant to NRS 366.387 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
(e) A special fuel transporter, file the report required pursuant to NRS 366.695 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
Sec. 40. NRS 366.370 is hereby amended to read as follows:
366.370 1. Except as otherwise provided in this chapter, the excise tax imposed by this chapter with respect to the use or sale of special fuel during any calendar quarter is due on or before the last day of the first month following the quarterly period to which it relates.
2. If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.
3. Payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any other country upon an envelope containing payment properly addressed to the Department.
4. A special fuel supplier shall pay the tax imposed by this chapter at the time he files his tax return pursuant to NRS 366.383.
5. A special fuel dealer or special fuel manufacturer shall pay the tax imposed by this chapter at the time he files his tax return pursuant to NRS 366.386.
Sec. 41. NRS 366.386 is hereby amended to read as follows:
366.386 1. On or before the last day of the month following each reporting period, a special fuel dealer or special fuel manufacturer shall file with the Department a tax return for the preceding reporting period, regardless of the amount of tax collected, on a form prescribed by the Department.
2. The tax return must:
(a) Include information required by the Department for the administration and enforcement of this chapter; and
(b) Be accompanied by a remittance, payable to the Department, for the amount of the tax due.
κ2009 Statutes of Nevada, Page 2639 (CHAPTER 464, SB 332)κ
3. Except as otherwise provided in this subsection, the reporting period for a special fuel dealer or special fuel manufacturer is a calendar month. Upon application by a special fuel dealer [,] or special fuel manufacturer, the Department may assign to the special fuel dealer or special fuel manufacturer for a specific calendar year:
(a) A reporting period consisting of that entire calendar year if the Department estimates, based upon the tax returns filed by the special fuel dealer or special fuel manufacturer for the preceding calendar year, that the special fuel dealer or special fuel manufacturer will sell not more than 200 gallons of special fuel in this State each calendar month of that reporting period.
(b) Two reporting periods consisting of 6 consecutive calendar months, commencing on the first day of January and July, respectively, if the Department estimates, based upon the tax returns filed by the special fuel dealer or special fuel manufacturer for the preceding calendar year, that the special fuel dealer or special fuel manufacturer will sell more than 200 gallons but not more than 500 gallons of special fuel in this State each calendar month during those reporting periods.
(c) Four reporting periods consisting of 3 consecutive months, commencing on the first day of January, April, July and October, respectively, if the Department estimates, based upon the tax returns filed by the special fuel dealer or special fuel manufacturer for the preceding calendar year, that the special fuel dealer or special fuel manufacturer will sell more than 500 gallons but less than 5,000 gallons of special fuel in this State each calendar month during those reporting periods.
Sec. 42. NRS 366.540 is hereby amended to read as follows:
366.540 1. The tax provided for by this chapter must be paid by special fuel suppliers, special fuel dealers , [and] special fuel users [.] and special fuel manufacturers. A special fuel supplier or special fuel dealer shall pay to the Department the excise tax he collects from purchasers of special fuel with the return filed pursuant to NRS 366.383 or 366.386, respectively. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the amount that the number of gallons of special fuel consumed by the special fuel user in the propulsion of motor vehicles on the highways of this State exceeds the number of gallons of special fuel purchases by him. The tax paid by a special fuel manufacturer must be computed by multiplying the tax rate per gallon provided in this chapter by the number of gallons of special fuel that the special fuel manufacturer places into or sells for placement into the supply tank of a motor vehicle in this State.
2. If the Department determines that a special fuel supplier or special fuel dealer, or any unlicensed person who collects an excise tax, has failed to submit a tax return when due pursuant to this chapter or failed to pay the tax when due pursuant to this chapter, the Department may order the special fuel supplier, special fuel dealer or unlicensed person to hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the State. The special fuel supplier, special fuel dealer or unlicensed person shall comply with the order immediately upon receiving notification of the order from the Department.
3. A retailer who receives or sells special fuel for which the taxes imposed pursuant to this chapter have not been paid is liable for the taxes and any applicable penalty or interest if the retailer knew or should have known that the applicable taxes on the special fuel had not been paid.
κ2009 Statutes of Nevada, Page 2640 (CHAPTER 464, SB 332)κ
and any applicable penalty or interest if the retailer knew or should have known that the applicable taxes on the special fuel had not been paid.
Sec. 43. NRS 366.685 is hereby amended to read as follows:
366.685 1. Every special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter, special fuel user , special fuel manufacturer and retailer, and every other person transporting or storing special fuel in this State shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the Department requires.
2. The records, receipts, invoices and other pertinent papers described in subsection 1 must be preserved for 4 years after the date on which the record, receipt, invoice or other pertinent paper was created or generated.
3. The records, receipts, invoices and other pertinent papers must be available at all times during business hours to the Department or its authorized agents.
4. In addition to any other penalty that may be imposed, any violation of the provisions of this section constitutes grounds for the Department to deny any future application for a license pursuant to this chapter that is submitted by a person who is determined to be responsible for the violation.
Sec. 44. NRS 366.692 is hereby amended to read as follows:
366.692 1. Each special fuel supplier or special fuel manufacturer shall prepare and provide a record of shipment to each person who purchases more than 25 gallons of special fuel and transports the special fuel from the place of purchase. The record of shipment must include the:
(a) Place where the special fuel was purchased;
(b) Place to which the purchaser declares the special fuel will be transported;
(c) Number of gallons of special fuel transported;
(d) Color and concentration of the dye added to the special fuel, if any; and
(e) Name and address of the purchaser of the special fuel.
2. Each person who transports special fuel in this State shall:
(a) Keep the record of shipment required by subsection 1 in the vehicle in which the special fuel is transported until the special fuel is delivered to the purchaser; and
(b) Upon request from a peace officer, allow the peace officer to inspect the record of shipment.
Sec. 45. NRS 366.720 is hereby amended to read as follows:
366.720 1. Any person who:
(a) Fails or refuses to pay the tax imposed by this chapter;
(b) Engages in business in this State as a special fuel manufacturer, special fuel user, special fuel exporter, special fuel dealer or special fuel supplier, or acts in this State as a special fuel transporter, without being the holder of a license to engage in that business or to act in that capacity;
(c) Fails to make any of the reports required by this chapter;
(d) Makes any false statement in any application, report or statement required by this chapter;
(e) Refuses to permit the Department or any authorized agent to examine records as provided by this chapter;
(f) Fails to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this State as required by this chapter;
κ2009 Statutes of Nevada, Page 2641 (CHAPTER 464, SB 332)κ
(g) Makes any false statement in connection with an application for the refund of any money or taxes provided in this chapter;
(h) Violates the provisions of NRS 366.265;
(i) Fails or refuses to stop his motor vehicle for an inspection to determine if all excise taxes due pursuant to the provisions of this chapter are being properly reported and paid; or
(j) Refuses to allow the Department or an authorized agent to inspect a motor vehicle to determine whether all excise taxes due pursuant to the provisions of this chapter are being properly reported and paid,
Κ is guilty of a misdemeanor.
2. Each day or part thereof during which any person engages in business as a special fuel manufacturer, special fuel dealer, special fuel supplier or special fuel exporter or acts as a special fuel transporter without being the holder of a license authorizing him to engage in that business or to act in that capacity constitutes a separate offense within the meaning of this section.
Sec. 46. NRS 366.735 is hereby amended to read as follows:
366.735 1. The Department may take disciplinary action in accordance with subsection 2 against any person who [:] , below the terminal rack:
(a) Sells or stores for personal consumption any dyed special fuel for a use which the person selling or storing such fuel knows, or has reason to know, is a taxable use of the fuel [;] and does not report and pay the applicable tax to the Department;
(b) Willfully [alters or attempts to alter the strength of composition] decreases or attempts to decrease the concentration of any dye in any special fuel intended to be used for a taxable purpose [; or] and does not report and pay the applicable tax to the Department;
(c) Uses dyed special fuel for a taxable purpose [.] and does not report and pay the applicable tax to the Department;
(d) Willfully increases or attempts to increase the volume of any special fuel intended to be used for a taxable purpose by adding to the fuel any quantity of special fuel for which the tax imposed pursuant to this chapter has not been paid or any quantity of other product for which any tax imposed pursuant to the laws of this State has not been paid; or
(e) Willfully manufactures, sells, distributes for sale or attempts to manufacture, sell or distribute for sale any special fuel intended to be used for a taxable purpose and for which the tax imposed pursuant to this chapter has not been paid.
2. For any violation described in subsection 1, the Department may:
(a) If the violation is a first offense, impose an administrative fine of not more than $2,500 and suspend any license issued to that person pursuant to this chapter for not more than 30 days;
(b) If the violation is a second offense within a period of 4 years, impose an administrative fine of not more than $5,000 and suspend any license issued to that person pursuant to this chapter for not more than 60 days; and
(c) If the violation is a third or subsequent offense within a period of 4 years, impose an administrative fine of not more than $10,000 and revoke any license issued to that person pursuant to this chapter.
Sec. 47. NRS 366.740 is hereby amended to read as follows:
366.740 1. Except as otherwise provided in NRS 366.733 and 366.735 [,] and section 27 of this act, the Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto.
κ2009 Statutes of Nevada, Page 2642 (CHAPTER 464, SB 332)κ
administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto.
2. The Department shall afford to any person fined pursuant to this section or NRS 366.733 or 366.735 or section 27 of this act an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
3. All administrative fines collected by the Department pursuant to subsection 1 or NRS 366.733 or 366.735 or section 27 of this act must be deposited with the State Treasurer to the credit of the State Highway Fund.
4. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 48. 1. NRS 365.072 is hereby repealed.
2. NRS 486A.040, 486A.060 and 486A.090 are hereby repealed.
Sec. 49. 1. This section and sections 14 to 47, inclusive, and subsection 1 of section 48 of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2010, for all other purposes.
2. Sections 1 to 12, inclusive, and subsection 2 of section 48 of this act become effective on July 1, 2009.
________
Senate Bill No. 403Committee on Finance
CHAPTER 465
AN ACT relating to state financial administration; clarifying the provisions governing the temporary suspension of longevity pay for state employees; making appropriations to restore certain fund balances and for certain costs related to changes in various taxes; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sec. 0.5. Section 1 of Senate Bill No. 421 of this session is hereby amended to read as follows:
Section 1. 1. The four semiannual payments to which a state employee would otherwise be entitled pursuant to NRS 284.177 for service during the period beginning on July 1, 2009, and ending on June 30, 2011, must not be made. For the purposes of payments made pursuant to NRS 284.177 on or after July 1, 2011, any service during that 2-year period must be considered in determining the length of continuous service of an employee, but an employee is not entitled to semiannual payments that would otherwise have been made during the period during which the semiannual payments are suspended. The payment for the period beginning on January 1, 2009, and ending on June 30, 2009, must be made regardless of the date of the actual payment.
κ2009 Statutes of Nevada, Page 2643 (CHAPTER 465, SB 403)κ
payment for the period beginning on January 1, 2009, and ending on June 30, 2009, must be made regardless of the date of the actual payment.
2. No merit pay increases to which a state employee would otherwise be entitled pursuant to chapter 284 of NRS and the regulations adopted pursuant thereto may be granted during the period beginning on July 1, 2009, and ending on June 30, 2011. For the purposes of merit pay increases granted on or after July 1, 2011, an employee is not entitled to any increases that would otherwise have been granted during that period.
Section 1. There is hereby appropriated from the State General Fund to the:
1. Stale Claims Account created by NRS 353.097 the sum of $5,500,000 to restore the balance in the Account.
2. Emergency Account created by NRS 353.263 the sum of $150,000 to restore the balance in the Account.
3. Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $3,000,000 to restore the balance in the Account.
4. Contingency Fund created by NRS 353.266 the sum of $7,500,000 to restore the balance in the fund attributable to the State General Fund.
Sec. 2. There is hereby appropriated from the State General Fund to the:
1. Department of Motor Vehicles the sum of $24,000 for the costs of implementing changes to the provisions governing the governmental services tax.
2. Department of Taxation the sum of $95,000 for the costs of implementing changes to the provisions governing the local school support tax.
3. Interim Finance Committee the sum of $527,850 for allocation to the Department of Taxation for the costs of additional duties and modifications necessary to implement laws revised during this session.
Sec. 3. Any remaining balance of the appropriations made by section 2 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.
Sec. 4. 1. This section and sections 0.5, 2 and 3 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 2644κ
Senate Bill No. 411Committee on Finance
CHAPTER 466
AN ACT relating to wildlife; providing for the permanent revocation of a license, permit or privilege to hunt, fish or trap in certain circumstances; requiring a person to maintain a principal and permanent residence in this State to be eligible for a resident license, tag or permit to hunt, fish or trap; providing for the forfeiture of a bonus point or other increased opportunity to be awarded a tag for making a false statement or furnishing false information in certain circumstances; requiring a person seeking to obtain a license, tag or permit on behalf of another for a fee or other compensation to have a power of attorney to do so; revising provisions governing certain additional big game tags; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
Existing law provides that a license, permit or privilege of a person to hunt, fish or trap may be suspended or revoked for wildlife convictions, but not for more than 3 years except in certain circumstances. The license, permit or privilege of a person who is convicted pursuant to NRS 501.376 of: (1) a gross misdemeanor may not be suspended or revoked for more than 5 years; and (2) a felony may not be suspended or revoked for more than 10 years. (NRS 501.1816) Section 2 of this bill expands the suspension and revocation penalties to require that the license, permit or privilege of a person who has been convicted of two or more felonies pursuant to NRS 501.376 be permanently revoked.
Existing law requires that a person meet certain requirements before he can be issued a resident license, tag or permit pursuant to chapter 502 of NRS. (NRS 502.015) Section 3 of this bill clarifies the language regarding domicile to mean maintaining a principal and permanent residence in this State beyond just owning a home in Nevada.
Existing law prohibits giving a false statement or furnishing false information to obtain any license, tag or permit, making such an action a misdemeanor, or to obtain a big game tag, making such an action a gross misdemeanor. (NRS 502.060) Section 4 of this bill adds a provision that any person who is convicted of giving a false statement or furnishing false information to obtain a license, tag, permit or big game tag forfeits any bonus point or other increased opportunity to be awarded a tag in a subsequent drawing.
Existing law requires a person attempting to obtain a license, tag or permit on behalf of another person to have a power of attorney giving him the authority to do so. (NRS 502.061) Section 5 of this bill restricts the requirement to have a power of attorney to only those persons attempting to acquire a license, tag or permit on behalf of another for a fee or other compensation.
Sections 6.2-6.8, inclusive, of this bill revise various provisions governing certain additional big game tags to be known as Dream Tags.
κ2009 Statutes of Nevada, Page 2645 (CHAPTER 466, SB 411)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.1814 is hereby amended to read as follows:
501.1814 1. The Commission shall establish and the Department shall administer and enforce a system of assessing demerit points for wildlife convictions. The system must be uniform in its operation.
2. Pursuant to the schedule of demerit points established by regulation of the Commission for each wildlife conviction occurring within this State affecting any holder of a license, permit or privilege issued pursuant to this title, the Department shall assess demerit points for the 60-month period preceding a persons most recent wildlife conviction. Sixty months after the date of the conviction, the demerit points for that conviction must be deleted from the total demerit points accumulated by that person. The date of the [violation] conviction shall be deemed the date on which accumulated demerit points must be assessed. If a conviction of two or more wildlife violations committed at a single event is obtained, demerit points must be assessed for the offense having the greater number of demerit points.
Sec. 2. NRS 501.1816 is hereby amended to read as follows:
501.1816 1. If a person accumulates 9 or more demerit points, but less than 12, the Department shall notify him of that fact by certified mail. If, after the Department mails the notice, the person presents proof to the Department that he has, after his most recent wildlife conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the Department, the Department shall deduct 4 demerit points from his record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.
2. If a person accumulates 12 or more demerit points before completing a course of instruction pursuant to subsection 1, the Department shall suspend or revoke any license, permit or privilege issued to him pursuant to this title.
3. Not later than 60 days after the Department determines that a person has accumulated 12 demerit points, the Department shall notify the person by certified mail that his privileges will be suspended or revoked. Except as otherwise provided in subsection 4, the Department shall suspend or revoke those privileges 30 days after it mails the notice.
4. Any person who receives the notice required by subsection 3 may submit to the Department a written request for a hearing before the Commission not later than 30 days after the receipt of the notice. If a written request for a hearing is received by the Department:
(a) The suspension or revocation of the license, permit or privilege is stayed until a determination is made by the Commission after the hearing.
(b) The hearing must be held within 60 days after the request is received.
5. The periods of suspension or revocation imposed pursuant to this section must run concurrently. Except as otherwise provided in this subsection, no license, permit or privilege may be suspended or revoked pursuant to this section for more than 3 years. The license, permit or privilege of a person who is convicted pursuant to NRS 501.376 of:
(a) A gross misdemeanor may not be suspended or revoked for more than 5 years; [or]
κ2009 Statutes of Nevada, Page 2646 (CHAPTER 466, SB 411)κ
(b) [A] Except as otherwise provided in paragraph (c), a felony may not be suspended or revoked for more than 10 years [.] ; or
(c) Two or more felonies, arising from separate events, must be permanently revoked.
6. If the Department suspends or revokes a license, permit or privilege pursuant to this section, the period of suspension or revocation begins 30 days after notification pursuant to subsection 3 or a determination is made by the Commission pursuant to subsection 4. After a persons license, permit or privilege is suspended or revoked pursuant to this section, all demerit points accumulated by that person must be cancelled.
Sec. 3. NRS 502.015 is hereby amended to read as follows:
502.015 1. For the purpose of issuing and using resident licenses, tags or permits pursuant to this chapter, a person is considered to be a resident of the State of Nevada if:
(a) He is a citizen of, or is lawfully entitled to remain in, the United States; and
(b) During the 6 months next preceding his application to the Department for a license, tag or permit, he:
(1) [Was domiciled] Maintained his principal and permanent residence in this State;
(2) Was physically present in this State, except for temporary absences; and
(3) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.
2. A person who [is not domiciled] does not maintain his principal and permanent residence in Nevada but who is attending an institution of higher learning in this State as a full-time student is eligible for a resident license, tag or permit if, during the 6 months next preceding his application to the Department for a license, tag or permit, he:
(a) Was physically present in Nevada, except for temporary trips outside of the State; and
(b) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.
3. A resident license, tag or permit issued by this State is void if the person to whom it was issued establishes or maintains his [domicile] principal and permanent residence in and obtains any hunting, fishing or trapping privilege or entitlement conditional on residency from another state, country or province.
4. As used in this section, principal and permanent residence means a place where a person is legally domiciled and maintains a permanent habitation in which he lives and to which he intends to return when he leaves the state in which the permanent habitation is located. The term does not include merely owning a residence in a state.
Sec. 4. NRS 502.060 is hereby amended to read as follows:
502.060 1. A person applying for and procuring a license, tag or permit, as provided in this chapter, shall give to the license agent his name and residence address, which must be entered by the license agent [on the license and stub,] , manually or electronically in a record specified by the Department, together with the date of issuance and a description of the person. If a child under the age of 18 years is applying for a license to hunt, the childs parent or legal guardian must sign the application and an attached statement acknowledging that the parent or legal guardian has been advised of the provisions of NRS 41.472.
κ2009 Statutes of Nevada, Page 2647 (CHAPTER 466, SB 411)κ
the childs parent or legal guardian must sign the application and an attached statement acknowledging that the parent or legal guardian has been advised of the provisions of NRS 41.472.
2. Except as otherwise provided in subsection 3, any person who makes any false statement or furnishes false information to obtain any license, tag or permit issued pursuant to the provisions of this title is guilty of a misdemeanor.
3. Any person who makes any false statement or furnishes false information to obtain any big game tag issued pursuant to the provisions of this title is guilty of a gross misdemeanor.
4. It is unlawful for any person to hunt, fish or trap using any hunting, fishing or trapping license which is invalid by reason of expiration or a false statement made to obtain the license.
5. Any person convicted of violating the provisions of subsection 2 or 3 forfeits any bonus point or other increased opportunity to be awarded a tag in a subsequent drawing conducted for that tag if the bonus point or other increased opportunity was acquired by the false statement or false information.
6. As used in this section, big game tag means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.
Sec. 5. NRS 502.061 is hereby amended to read as follows:
502.061 1. A person , for a fee or other form of compensation, may obtain or attempt to obtain on behalf of an applicant any license, tag or permit issued pursuant to this chapter only if the person acts pursuant to a power of attorney or other written instrument that:
(a) Provides that the power of attorney or other written instrument is executed for the sole purpose of authorizing the person to apply in the State of Nevada on behalf of the applicant for a license, tag or permit for a specific season;
(b) Provides that the power of attorney or other written instrument expires on February 28 of the year following the year in which the power of attorney or other written instrument is executed; and
(c) Is acknowledged and includes a jurat as defined in NRS 240.0035, or is otherwise certified.
2. Any license, tag or permit which is obtained by the use of a power of attorney or other written instrument that does not comply with the provisions of subsection 1 is void.
Sec. 6. (Deleted by amendment.)
Sec. 6.2. Section 3 of Assembly Bill No. 246 of this Session is hereby amended to read as follows:
Sec. 3. 1. The Department shall issue an apprentice hunting license to a person who:
(a) Is 12 years of age or older;
(b) Has not previously been issued a hunting license by the Department, another state, an agency of a Canadian province or an agency of any other foreign country, including, without limitation, an apprentice hunting license; and
(c) Except as otherwise provided in subsection 5, is otherwise qualified to obtain a hunting license in this State.
2. Except as otherwise provided in this subsection, the Department shall not impose a fee for the issuance of an apprentice hunting license.
κ2009 Statutes of Nevada, Page 2648 (CHAPTER 466, SB 411)κ
hunting license. For each apprentice hunting license issued, the applicant or the mentor hunter for the applicant shall pay:
(a) Any service fee required by a license agent pursuant to NRS 502.040;
(b) The habitat conservation fee required by NRS 502.242; and
(c) Any transaction fee that is set forth in a contract of this State with a third-party electronic services provider for each online transaction that is conducted with the Department.
3. An apprentice hunting license authorizes the apprentice hunter to hunt in this State as provided in this section.
4. It is unlawful for an apprentice hunter to hunt in this State unless a mentor hunter accompanies and directly supervises the apprentice hunter at all times during a hunt. During the hunt, the mentor hunter shall ensure that:
(a) The apprentice hunter safely handles and operates the firearm or weapon used by the apprentice hunter; and
(b) The apprentice hunter complies with all applicable laws and regulations concerning hunting and the use of firearms.
5. A person is not required to complete a course of instruction in the responsibilities of hunters as provided in NRS 502.340 to obtain an apprentice hunting license.
6. The issuance of an apprentice hunting license does not:
(a) Authorize the apprentice hunter to obtain any other hunting license;
(b) Authorize the apprentice hunter to hunt any animal for which a tag is required pursuant to NRS 502.130; or
(c) Exempt the apprentice hunter from any requirement of this title.
7. The Commission may adopt regulations to carry out the provisions of this section.
8. As used in this section:
(a) Accompanies and directly supervises means maintains close visual and verbal contact with, provides adequate direction to and maintains the ability readily to assume control of any firearm or weapon from an apprentice hunter.
(b) Apprentice hunter means a person who obtains an apprentice hunting license pursuant to this section.
(c) Mentor hunter means a person 18 years of age or older who holds a hunting license issued in this State and who accompanies and directly supervises an apprentice hunter. The term does not include a person who holds an apprentice hunting license pursuant to this section.
Sec. 6.4. Section 4 of Assembly Bill No. 246 of this Session is hereby amended to read as follows:
Sec. 4. 1. The Commission may establish a program for the issuance of additional big game tags each year to be known as Dream Tags. If the Commission establishes such a program, the program must provide:
(a) For the issuance of Dream Tags to either a resident or nonresident of this State;
κ2009 Statutes of Nevada, Page 2649 (CHAPTER 466, SB 411)κ
(b) For the issuance of one Dream Tag for each species of big game for which 50 or more tags were available under the quota established for the species by the Commission during the previous year; and
(c) For the sale of Dream Tags to a nonprofit organization pursuant to this section.
2. The Commission may adopt regulations establishing such other provisions concerning Dream Tags as the Commission determines reasonable or necessary in carrying out the program.
3. A nonprofit organization established through the Community Foundation of Western Nevada which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the preservation, protection, management or restoration of wildlife and its habitat may purchase such Dream Tags from the Department as are authorized by the Commission, at prices established by the Commission, subject to the following conditions:
(a) The nonprofit organization must agree to award the Dream Tags by raffle, with unlimited chances to be sold for $5 each to persons who purchase a resource enhancement stamp pursuant to section 5 of this act.
(b) The nonprofit organization must agree to enter into a contract with a private entity that is approved by the Department which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags. For the purposes of this paragraph, a private entity that has entered into a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.
(c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by section 6 of this act.
4. All money received by the Department for Dream Tags pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
5. The nonprofit organization shall, on or before February 1 of each year, report to the Commission and the Interim Finance Committee concerning the Dream Tag program, including, without limitation:
(a) The number of Dream Tags issued during the immediately preceding calendar year;
(b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;
(c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount of such money expended by the nonprofit organization and a description of each project for which the money was spent; and
(d) Any recommendations concerning the continuation of the program or necessary legislation.
κ2009 Statutes of Nevada, Page 2650 (CHAPTER 466, SB 411)κ
6. As used in this section, big game tag means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.
Sec. 6.6. Section 5 of Assembly Bill No. 246 of this Session is hereby amended to read as follows:
Sec. 5. 1. To be eligible to participate in the Dream Tag raffle, a person must purchase a resource enhancement stamp.
2. Resource enhancement stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell the stamps. All money received by the Department for resource enhancement stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
3. The Department shall determine the form of the stamps.
Sec. 6.8. Section 6 of Assembly Bill No. 246 of this Session is hereby amended to read as follows:
Sec. 6. 1. There is hereby created the Advisory Board on Dream Tags, consisting of the following five members:
(a) One member appointed by the Governor;
(b) One member appointed by the Majority Leader of the Senate;
(c) One member appointed by the Speaker of the Assembly;
(d) One member appointed by the Advisory Board on Natural Resources; and
(e) The Vice Chairman of the Commission, who serves as an ex officio member of the Board.
2. Each appointed member of the Board must be a resident of this State and, following the initial terms, serves a term of 2 years.
3. At its first meeting each year, the members of the Board shall elect a Chairman, who shall serve until the next Chairman is elected. The Board shall meet as necessary at the call of the Chairman.
4. A majority of the members of the Board constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Board.
5. While engaged in the business of the Board, to the extent of legislative appropriation, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. To the extent of legislative appropriation, the Department shall provide the Board with such staff as is necessary to carry out the duties of the Board.
7. The Board shall, in accordance with the requirements of paragraph (c) of subsection 3 of section 4 of this act, determine the appropriate use of money received by a nonprofit organization from the proceeds of a Dream Tag raffle.
Sec. 7. 1. This section and sections 6.2 to 6.8, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 6, inclusive, of this act become effective on January 1, 2010.
________
κ2009 Statutes of Nevada, Page 2651κ
Senate Bill No. 412Committee on Finance
CHAPTER 467
AN ACT relating to the Governor; removing the Agency for Nuclear Projects from the list of entities within the Office of the Governor for which the Governor may employ staff; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
Existing law allows the Governor, within the limits of available money, to employ such persons as he deems necessary to provide staff for the Office of the Governor, who are not in the classified or unclassified service of the State and serve at the pleasure of the Governor, including the Agency for Nuclear Projects, the Office of Science, Innovation and Technology and the Governors mansion. (NRS 223.085) This bill removes the Agency for Nuclear Projects from the list of entities for which the Governor may hire staff within the Office of the Governor.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.085 is hereby amended to read as follows:
223.085 1. The Governor may, within the limits of available money, employ such persons as he deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, [the Agency for Nuclear Projects,] the Office of Science, Innovation and Technology and the Governors mansion. Any such employees are not in the classified or unclassified service of the State and serve at the pleasure of the Governor.
2. The Governor shall:
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as he deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
Sec. 2. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 2652κ
Senate Bill No. 418Committee on Finance
CHAPTER 468
AN ACT relating to state financial administration; reducing the period for the Administrator of Unclaimed Property to bring an action to enforce certain provisions relating to unclaimed property; and providing other matters properly relating thereto.
[Approved: June 4, 2009]
Legislative Counsels Digest:
Existing law provides for the creation of the Abandoned Property Trust Account into which proceeds from the sale of abandoned property are deposited. (NRS 120A.620) Existing law further provides a procedure for claiming property. (NRS 120A.630-120A.670) This bill reduces the period of limitations for the Administrator of Unclaimed Property to bring an action to enforce certain provisions relating to unclaimed property from 10 years to 7 years.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 120A.680 is hereby amended to read as follows:
120A.680 1. The expiration, before or after October 1, 2007, of a period of limitation on the owners right to receive or recover property, whether specified by contract, statute or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the Administrator as required by this chapter.
2. An action or proceeding may not be maintained by the Administrator to enforce this chapter in regard to the reporting, delivery or payment of property more than [10] 7 years after the holder specifically identified the property in a report filed with the Administrator or gave express notice to the Administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 2653κ
Assembly Bill No. 52Committee on Health and Human Services
CHAPTER 469
AN ACT relating to health care; authorizing a board of county commissioners to adopt procedures to lease the naming rights relating to public hospitals located within the county; requiring certain hospitals in certain larger counties to report information to the Legislative Committee on Health Care concerning the transfer of patients to another hospital; and providing other matters properly relating thereto.
[Approved: June 8, 2009]
Legislative Counsels Digest:
Existing law authorizes the board of county commissioners in certain larger counties to adopt, by ordinance, procedures for the sale of naming rights relating to a shooting range that is owned by the county. (NRS 244.30701) Under existing law, counties and groups of counties are authorized to establish public hospitals. (Chapter 450 of NRS) Section 1 of this bill authorizes a board of county commissioners to lease the naming rights relating to such a hospital and specifies the purposes for which proceeds from the lease must be used.
Hospitals in this State are required to provide emergency services and care, and it is unlawful for a hospital or a physician working in a hospital emergency room to refuse to accept or treat a patient in need of emergency services and care. (NRS 439B.410) Section 2 of this bill requires certain hospitals located in larger counties to provide a report of certain information to the Legislative Committee on Health Care concerning the transfer of patients from the hospital to another hospital and the availability of specialty medical services in the hospital. Such a report must be made quarterly beginning on October 15, 2009, and cover information from July 1, 2009, through September 30, 2010.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county in which a public hospital is located may adopt, by ordinance, procedures for the lease of naming rights relating to the public hospital, including, without limitation, the lease of naming rights to:
(a) Buildings, improvements, facilities, rooms, features, fixtures and sites located within the boundaries of the public hospital; and
(b) Activities, events, programs, chairs, fellowships and memorials held or established at the public hospital.
2. If a board of county commissioners leases naming rights in accordance with the procedures adopted pursuant to this section, the board shall create an enterprise fund exclusively for the proceeds of the lease of all such naming rights, for fees or charges for use of the hospital and for any gifts, grants, donations, bequests, devises or money from any other source received for the public hospital. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Money that remains in the fund at the end of a fiscal year does not revert to the county general fund and the balance in the fund must be carried forward to the next fiscal year.
κ2009 Statutes of Nevada, Page 2654 (CHAPTER 469, AB 52)κ
the fund must be carried forward to the next fiscal year. The money in the fund may only be used to pay for expenses directly related to the costs of the public hospital for construction, improvement, operation, maintenance or programs.
3. The procedures adopted pursuant to subsection 1 must, without limitation:
(a) Prohibit the lease of naming rights for a public hospital to that public hospital;
(b) Provide that the board of county commissioners may reject any name proposed pursuant to a lease of naming rights;
(c) Provide for the development of selection criteria for awarding a lease of naming rights, including procedures for circumstances in which more than one request for the lease of naming rights is submitted to the board of county commissioners;
(d) Provide that the name must be consistent with the mission of the public hospital;
(e) Prohibit the use of a name that:
(1) Is false, misleading or deceptive;
(2) Promotes unlawful or illegal goods, service or activities;
(3) Promotes or encourages hate, violence or antisocial behavior;
(4) Implies an endorsement by the county or a public official of any good, service or activity;
(5) Is libelous or defamatory;
(6) Contains text or an image that is likely to be confused with safety, traffic or emergency signage; or
(7) Is associated with a person who has been convicted of a felony;
(f) Provide that the term of a lease does not exceed 20 years; and
(g) Provide that the board of county commissioners:
(1) Shall require the change of a name authorized pursuant to a lease or revoke a lease before the expiration of its term if a change of circumstances results in a violation of the provisions of paragraph (d) or (e); and
(2) May require the change of a name authorized pursuant to a lease or revoke a lease before the expiration of its term for any other purpose in accordance with the procedures adopted pursuant to subsection 1.
4. The terms of a lease granted pursuant to this section may be renegotiated and renewed. Each such renewal must provide that the term of the lease does not exceed 20 years.
5. A lease of naming rights pursuant to this section and the procedures adopted pursuant thereto are not subject to the requirements for competitive bidding set forth in chapter 332 of NRS.
Sec. 2. 1. Each hospital located in a county whose population is 400,000 or more which is licensed to have more than 70 beds shall provide to the Legislative Committee on Health Care reports with information concerning the transfer of patients from one hospital to another hospital. Such information must include:
(a) The number of patients who are transferred from the hospital to another hospital;
(b) The number of patients who were received by the hospital that were transferred from another hospital;
κ2009 Statutes of Nevada, Page 2655 (CHAPTER 469, AB 52)κ
(c) The reason for each transfer of a patient to another hospital;
(d) The availability of specialty services and care in the hospital; and
(e) Whether each patient who was transferred from the hospital had insurance or some other guaranteed form of payment for services.
2. Each hospital subject to the provisions of subsection 1 shall provide a report to the Legislative Committee on Health Care with the information required at least once every 3 months, and the reports must include information from July 1, 2009, through September 30, 2010. The first report must be made by October 15, 2009, and must include information from July 1, 2009, through September 30, 2009. Subsequent reports must include information for the period since the last report.
3. The information reported pursuant to this section must be made available to each person or entity that provides information pursuant to this section to the extent that it is not required to be kept confidential.
4. The information reported pursuant to this section must be maintained and reported in a manner consistent with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
5. As used in this section, specialty services includes, without limitation:
(a) Cardiology services;
(b) Gastroenterological services;
(c) General surgical services;
(d) Neurosurgical services;
(e) Ophthalmology services;
(f) Oral and maxillofacial surgical services;
(g) Orthopedic services;
(h) Otolaryngology services; and
(i) Urological services.
Sec. 3. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 2656κ
Assembly Bill No. 60Committee on Government Affairs
CHAPTER 470
AN ACT relating to public financial administration; authorizing the State Treasurer to deposit state money in out-of-state financial institutions under certain circumstances; authorizing the state and local governments to issue tax credit bonds under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 8, 2009]
Legislative Counsels Digest:
Sections 4 and 5 of this bill eliminate a restriction on the authority of the State Treasurer to deposit state money in out-of-state financial institutions and allow him to use such institutions whenever the State Board of Finance gives its approval.
Sections 7-14 of this bill make various changes relating to the issuance of bonds so that the state and local governments may take advantage of certain provisions of the federal American Recovery and Reinvestment Act, Public Law 111-5, that authorize the issuance of tax credit bonds.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. NRS 356.010 is hereby amended to read as follows:
356.010 All money under the control of the State Treasurer belonging to the State must be deposited in any state or national banks, any insured credit unions or in any insured savings and loan associations in this State [,] or , if approved by the State Board of Finance, in any banks, insured credit unions or insured savings and loan associations outside of this State . [as provided in NRS 356.100.] The depository banks, credit unions or savings and loan associations may, if authorized by a contract negotiated with the State Treasurer, receive compensation for handling, collecting and paying all checks, drafts and other exchange. The compensation may be provided through the use of a compensating balance or a fixed-rate fee, or any combination thereof.
Sec. 5. NRS 356.105 is hereby amended to read as follows:
356.105 The provisions of NRS 356.010 to [356.100,] 356.090, inclusive, do not require any depository to accept state deposits.
Sec. 6. NRS 356.110 is hereby amended to read as follows:
356.110 A state officer or employee who willfully violates:
1. NRS 356.011 is guilty of a misdemeanor.
2. Any of the other provisions of NRS 356.010 to [356.100,] 356.090, inclusive, is guilty of malfeasance in office which is a category D felony and shall be punished as provided in NRS 193.130.
Sec. 7. Chapter 99 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any provision of law to the contrary, in calculating the rate of interest on any bonds or other securities that are issued by this State or any political subdivision or municipal or public corporation of this State on or before June 30, 2011, for the purposes of any limitations on the rate of interest provided by specific statute, and for the purposes of all other statutory requirements or calculations based on the rate or amount of interest on such bonds or securities, any credit expected to be paid to or for the benefit of the issuer of the bonds or other securities under 26 U.S.C. § 6431, as amended, must be treated as a reduction in the amount of interest paid, as of the date or dates on which the credit is expected to be received.
κ2009 Statutes of Nevada, Page 2657 (CHAPTER 470, AB 60)κ
statutory requirements or calculations based on the rate or amount of interest on such bonds or securities, any credit expected to be paid to or for the benefit of the issuer of the bonds or other securities under 26 U.S.C. § 6431, as amended, must be treated as a reduction in the amount of interest paid, as of the date or dates on which the credit is expected to be received. Such amount must be used to pay the interest on the bonds or other securities for which it is received or to reimburse the issuer of the bonds or other securities for that payment. If a credit that is expected to be paid under 26 U.S.C. § 6431, as amended, is not paid, the issuer of the bonds or other securities may pay the interest that is expected to be paid from the sources pledged or otherwise available to pay the principal of and interest on the bonds or other securities.
Sec. 8. NRS 271.355 is hereby amended to read as follows:
271.355 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the costs become due from time to time until money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants issued for any construction work may be issued only upon estimates of the engineer.
3. Any interim warrants must:
(a) Bear such date or dates;
(b) Mature in such denomination or denominations at such time or times, or at any time upon call;
(c) [Bear] Except as otherwise provided in section 7 of this act, bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and
(d) Be payable in such medium of payment at such place or places within and without the State, including but not limited to the county treasurer,
Κ as the governing body may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of such interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
5. An ordinance for the issuance of interim warrants may be adopted or amended as if an emergency existed.
Sec. 9. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
2. Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195, inclusive:
κ2009 Statutes of Nevada, Page 2658 (CHAPTER 470, AB 60)κ
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in NRS 271.487 and 271.730, and section 7 of this act, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. Except as otherwise provided in subsection 4 and NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.
4. Except as otherwise provided in NRS 271.730, if a governing body creates a district pursuant to the provisions of NRS 271.710, the governing body or chief financial officer of the municipality shall, in consultation with a financial advisor or the underwriter of the bonds, fix the rate of interest of the bonds at a rate of interest such that the principal and interest due on the bonds in each year, net of any interest capitalized from the proceeds of the bonds, will not exceed the amount of principal and interest to be collected on the special assessments during that year.
5. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
6. Any accrued interest must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
7. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
8. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
10. The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330, but has elected to proceed pursuant to subsection 1 of that section.
κ2009 Statutes of Nevada, Page 2659 (CHAPTER 470, AB 60)κ
11. If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of the frontage to be assessed, or of the area, zone or other basis of assessment, file written complaints, protests and objections to the project, as provided in NRS 271.306, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.
Sec. 10. NRS 349.076 is hereby amended to read as follows:
349.076 Except as otherwise provided by a specific statute, including, without limitation, section 7 of this act, the rate or rates of interest on securities issued by the State must not exceed by more than 3 percent:
1. For general obligations, the Index of Twenty Bonds; and
2. For special obligations, the Index of Revenue Bonds,
Κ which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 11. NRS 350.2011 is hereby amended to read as follows:
350.2011 Except as otherwise provided in section 7 of this act, and except where the provisions, whenever enacted, of a general or special law or of a special charter otherwise require, the rate or rates of interest on securities issued by a political subdivision of this state must not exceed by more than 3 percent:
1. For general obligations, the Index of Twenty Bonds; and
2. For special obligations, the Index of Revenue Bonds,
Κ which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 12. NRS 350A.140 is hereby amended to read as follows:
350A.140 1. The State Treasurer is the Administrator of the Municipal Bond Bank.
2. In his capacity as Administrator, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a lending project or of any state securities issued pursuant to this chapter;
(b) Acquire and hold municipal securities and revenue securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and revenue securities and assets acquired in connection with those securities, unless limited by any agreement which relates to those securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to lending projects and the administration of lending projects;
(g) Employ for himself or for any municipality, any necessary legal, fiscal, engineering and other expert services in connection with lending projects and with the authorization, sale and issuance of state securities, municipal securities and revenue securities;
(h) Enter into agreements and arrangements consistent with the provisions of this chapter with respect to the issuance of state securities and the purchase of municipal and revenue securities;
(i) Make findings concerning the sufficiency of revenues and taxes pledged for the payment of revenue securities to repay state securities which were issued to acquire those revenue securities; [and]
κ2009 Statutes of Nevada, Page 2660 (CHAPTER 470, AB 60)κ
(j) At the request of a municipality, on or before June 30, 2011, apply for and accept a volume cap allocation for tax credit bonds that authorizes the issuance of bonds which can be sold with a federal income tax credit;
(k) On or before June 30, 2011, enter into any agreement with the Federal Government that the State Treasurer determines is necessary or advisable:
(1) To issue bonds which can be sold with a federal income tax credit pursuant to the provisions of the Internal Revenue Code, as amended; and
(2) To receive a volume cap allocation for tax credit bonds described in paragraph (j); and
(l) Undertake other matters which he determines to be necessary or desirable in accomplishing the purposes of this chapter.
Sec. 13. NRS 350A.153 is hereby amended to read as follows:
350A.153 1. This chapter does not confer upon a municipality authority to pledge revenues for the payment of revenue securities. Any such authority must be derived from other law.
2. No state securities may be issued pursuant to this chapter for the purpose of acquiring revenue securities unless the governing body of the municipality issuing the revenue securities includes within the ordinance, resolution or other instrument authorizing the issuance of the revenue securities a statement authorizing the State Treasurer and any other appropriate state officer to withhold from any allocable local revenues to which the municipality is otherwise entitled an amount necessary and legally available to pay the principal and interest due on the revenue securities if the municipality fails to pay timely such principal and interest. The governing body of the municipality shall provide to the State Treasurer:
(a) A copy of the ordinance, resolution or other instrument authorizing the issuance of the revenue securities;
(b) A schedule of payments for the revenue securities; and
(c) The name and address of the person from whom payments of principal and interest on the revenue securities will be received by the State Treasurer.
3. Payments of principal and interest on revenue securities must be due not later than 1 working day before the payments of principal and interest are due on the state securities issued to acquire the revenue securities. If a payment of the principal or interest on revenue securities is not received by the State Treasurer by the date on which the payment is due, the State Treasurer shall immediately notify the municipality to determine if the payment will be immediately forthcoming. If the payment will not be immediately forthcoming, the State Treasurer shall:
(a) Forward the amount necessary to make the payment from any legally available money in the reserve fund created for that purpose in the bond bank fund; and
(b) Withhold that amount from the next payment to the municipality of allocable local revenues legally available therefor. If the amount so withheld is insufficient to pay the amount due, the State Treasurer may continue to withhold any amounts necessary from subsequent payments to the municipality until the amount due is paid.
4. If, after being notified pursuant to this section, a municipality fails to make a payment of principal or interest on any revenue securities issued by it, the State Treasurer shall notify the Department of Taxation and request that action be taken pursuant to the provisions of NRS 354.685.
κ2009 Statutes of Nevada, Page 2661 (CHAPTER 470, AB 60)κ
it, the State Treasurer shall notify the Department of Taxation and request that action be taken pursuant to the provisions of NRS 354.685.
5. The State Controller and the Director of the Department of Administration shall approve requisitions or transfers required pursuant to this section and take such other action as is necessary to carry out the provisions of this section.
6. The provisions of subsections 2 to 5, inclusive, do not:
(a) Apply to municipal bonds issued on or before June 30, 2011, where the bondholder or issuer may claim or receive a tax credit pursuant to the provisions of the Internal Revenue Code.
(b) Authorize state taxes to be pledged to pay special obligations of the State.
Sec. 14. NRS 396.852 is hereby amended to read as follows:
396.852 1. [As] Except as otherwise provided in this section and section 7 of this act, as the Board may determine, any bonds and other securities issued hereunder [(except as herein otherwise provided)] must:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the Board, but not exceeding 50 years from their date;
(d) Bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the office of the Treasurer of the University or any commercial bank or commercial banks within or without or both within and without the State as may be provided by the Board; and
(f) Be printed at such place within or without this state, as the Board may determine.
2. Any bonds issued hereunder must have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such a manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.
Sec. 15. NRS 356.100 is hereby repealed.
Sec. 16. This act becomes effective upon passage and approval.
________
κ2009 Statutes of Nevada, Page 2662κ
Assembly Bill No. 88Committee on Judiciary
CHAPTER 471
AN ACT relating to sexual offenses; prohibiting a person from using the Internet to control child pornography; establishing a civil remedy under certain circumstances for a person who appeared in child pornography; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 8, 2009]
Legislative Counsels Digest:
Section 1 of this bill prohibits a person from using the Internet to control child pornography.
Section 4 of this bill establishes a civil cause of action for a person who, while under the age of 16 years, appeared in child pornography and suffered personal or psychological injury as the result. A person who prevails in such an action may recover his actual damages, which are deemed to be at least $150,000, plus attorneys fees and costs. Section 3 of this bill establishes the statute of limitations for such an action.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who, knowingly, willfully and with the specific intent to view any film, photograph or other visual presentation depicting a person under the age of 16 years engaging in or simulating sexual conduct, uses the Internet to control such a film, photograph or other visual presentation is guilty of:
(a) For the first offense, a category C felony and shall be punished as provided in NRS 193.130.
(b) For any subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. As used in this section, sexual conduct means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
Sec. 2. NRS 200.700 is hereby amended to read as follows:
200.700 As used in NRS 200.700 to 200.760, inclusive, and section 1 of this act, unless the context otherwise [provides:] requires:
1. Performance means any play, film, photograph, computer-generated image, electronic representation, dance or other visual presentation.
2. Promote means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for the purpose of distribution.
κ2009 Statutes of Nevada, Page 2663 (CHAPTER 471, AB 88)κ
3. Sexual conduct means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a persons body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
4. Sexual portrayal means the depiction of a person in a manner which appeals to the prurient interest in sex and which does not have serious literary, artistic, political or scientific value.
Sec. 3. NRS 11.215 is hereby amended to read as follows:
11.215 1. Except as otherwise provided in subsection 2 and NRS 217.007, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 10 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse,
Κ whichever occurs later.
2. An action to recover damages pursuant to section 4 of this act must be commenced within 3 years after the occurrence of the following, whichever is later:
(a) The court enters a verdict in a related criminal case; or
(b) The victim reaches the age of 18 years.
3. As used in this section, sexual abuse has the meaning ascribed to it in NRS 432B.100.
Sec. 4. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who, while under the age of 16 years, appeared in any film, photograph or other visual presentation engaging in sexual conduct and who suffered personal or psychological injury as a result may bring an action against any person who, while over the age of 18 years, knowingly and willfully:
(a) Promoted the film, photograph or other visual presentation;
(b) Possessed the film, photograph or other visual presentation; or
(c) Used the Internet to control the film, photograph or other visual presentation, with the specific intent to view the film, photograph or other visual presentation.
2. A plaintiff who prevails in an action brought pursuant to this section may recover his actual damages, which shall be deemed to be at least $150,000, plus attorneys fees and costs.
3. A plaintiff may request to use a pseudonym instead of his name in all court proceedings and records related to an action brought pursuant to this section. Upon notification that a plaintiff has requested to use a pseudonym, the court shall ensure that the pseudonym is used in all court proceedings and records.
4. It is not a defense to a cause of action under this section that a defendant did not know the plaintiff or did not engage in the sexual conduct with the plaintiff.
κ2009 Statutes of Nevada, Page 2664 (CHAPTER 471, AB 88)κ
5. As used in this section:
(a) Promote has the meaning ascribed to it in NRS 200.700.
(b) Sexual conduct means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
________
Assembly Bill No. 223Assemblymen Smith, McClain, Conklin, Buckley, Oceguera; Anderson, Bobzien, Claborn, Dondero Loop, Goicoechea, Hambrick, Hardy, Horne, Kirkpatrick, Manendo and Parnell
CHAPTER 472
AN ACT relating to state governmental procurement; establishing a bidders preference for local businesses owned by service-disabled veterans with respect to state purchasing contracts and state public works contracts; and providing other matters properly relating thereto.
[Approved: June 8, 2009]
Legislative Counsels Digest:
Existing law, with respect only to contracts for public works for which the estimated cost exceeds $250,000, provides a mechanism by which a contractor who has paid certain taxes may earn a 5-percent preference in bidding on public works. (NRS 338.1389, 338.147, 338.1693, 338.1727) Sections 18-25 of this bill establish a limited preference in bidding on public works for local businesses owned by service-disabled veterans. This new preference in bidding on public works does not overlap with the existing preference in bidding on public works because the new preference is limited to public works for which the estimated cost is $100,000 or less.
Under existing law, the State of Nevada imposes an inverse preference against a person who submits a bid or proposal on a state purchasing contract if that person is a resident of a state that denies a preference to bidders or contractors who are residents of this State. (NRS 333.336) Section 31 of this bill repeals that inverse preference.
In place of the former inverse preference, sections 5-13 of this bill establish a 5-percent preference in bidding on state purchasing contracts for local businesses owned by service-disabled veterans. Section 14 of this bill requires advertisements for bids or proposals to include notices of this new preference.
Section 30 of this bill directs the Office of Veterans Services to perform certain duties with respect to gathering information and making recommendations to the Legislative Commission concerning the preferences in bidding on state purchasing contracts and public works for local businesses owned by service-disabled veterans.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 13, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
κ2009 Statutes of Nevada, Page 2665 (CHAPTER 472, AB 223)κ
Sec. 5. As used in sections 5 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5.5 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 5.5. Business owned by a service-disabled veteran has the meaning ascribed to it in section 19 of this act.
Sec. 6. (Deleted by amendment.)
Sec. 7. Local business means a business that:
1. Employs at least one person in this State; and
2. Has employed at least one person in this State for not fewer than 2 years.
Sec. 7.5. Service-disabled veteran has the meaning ascribed to it in section 21 of this act.
Sec. 8. (Deleted by amendment.)
Sec. 9. State purchasing contract means a contract awarded pursuant to the provisions of this chapter.
Sec. 10. For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300, if a local business owned by a service-disabled veteran submits a bid or proposal and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.
Sec. 11. 1. If the Purchasing Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in section 10 of this act, the business is thereafter permanently prohibited from:
(a) Applying for or receiving the preference described in section 10 of this act; and
(b) Bidding on a state purchasing contract.
2. If the Purchasing Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in section 10 of this act, the business may apply to the Chief to review the decision pursuant to chapter 233B of NRS.
Sec. 12. The Purchasing Division shall report every 6 months to the Legislature, if it is in session, or to the Interim Finance Committee, if the Legislature is not in session. The report must contain, for the period since the last report:
1. The number of state purchasing contracts that were subject to the provisions of sections 5 to 13, inclusive, of this act.
2. The total dollar amount of state purchasing contracts that were subject to the provisions of sections 5 to 13, inclusive, of this act.
3. The number of local businesses owned by service-disabled veterans that submitted a bid or proposal on a state purchasing contract.
4. The number of state purchasing contracts that were awarded to local businesses owned by service-disabled veterans.
5. The total number of dollars worth of state purchasing contracts that were awarded to local businesses owned by service-disabled veterans.
6. Any other information deemed relevant by the Director of the Legislative Counsel Bureau.
Sec. 13. The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of sections 5 to 13, inclusive, of this act.
κ2009 Statutes of Nevada, Page 2666 (CHAPTER 472, AB 223)κ
sections 5 to 13, inclusive, of this act. The regulations may include, without limitation, provisions setting forth:
1. The method by which a business may apply to receive a preference described in section 10 of this act;
2. The documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in section 10 of this act; and
3. Such other matters as the Purchasing Division deems relevant.
Κ In carrying out the provisions of this section, the Purchasing Division shall, to the extent practicable, cooperate and coordinate with the State Public Works Board so that any regulations adopted pursuant to this section and section 25 of this act are reasonably consistent.
Sec. 14. NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) If the advertisement is for bids, whether the Chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(2) The purchase of the alternative article results in a lower price; and
(3) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) [A summary] Notice of the [provisions of NRS 333.336.] preference set forth in section 10 of this act.
(e) The date and time not later than which responses must be received by the Purchasing Division.
(f) The date and time when responses will be opened.
Κ The Chief or his designated agent shall approve the copy for the advertisement.
2. Each advertisement must be published in at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
Sec. 15. NRS 333.335 is hereby amended to read as follows:
333.335 1. Each proposal must be evaluated by:
(a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or
(b) The Chief of the Purchasing Division, or a committee appointed by the Chief in accordance with the regulations adopted pursuant to NRS 333.135, if he is responsible for administering the proposal.
2. A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Chief of the Purchasing Division determines is necessary to evaluate a proposal.
κ2009 Statutes of Nevada, Page 2667 (CHAPTER 472, AB 223)κ
Division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.
3. In making an award, the chief of the using agency, the Chief of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
(a) The experience and financial stability of the person submitting the proposal;
(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
(c) The price of the proposal ; [, including the imposition of an inverse preference described in NRS 333.336, if applicable;] and
(d) Any other factor disclosed in the request for proposals.
4. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted.
5. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the best interests of the State, as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal.
6. Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
Sec. 16. NRS 333.340 is hereby amended to read as follows:
333.340 1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Chief:
(a) Shall consider, if applicable, the [imposition] granting of the [inverse preference] preference described in [NRS 333.336.] section 10 of this act.
(b) May consider:
(1) The location of the using agency to be supplied.
(2) The qualities of the articles to be supplied.
(3) The total cost of ownership of the articles to be supplied.
(4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications.
(5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
(I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(II) The purchase of the alternative article results in a lower price; and
(III) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
κ2009 Statutes of Nevada, Page 2668 (CHAPTER 472, AB 223)κ
(6) The purposes for which the articles to be supplied are required.
(7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder, the Chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.
3. As used in this section, total cost of ownership includes, but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade on a subsequent purchase.
Sec. 17. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 25, inclusive, of this act.
Sec. 18. As used in sections 18 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 19, 20 and 21 of this act have the meanings ascribed to them in those sections.
Sec. 19. Business owned by a service-disabled veteran means a business:
1. Of which at least 51 percent of the ownership interest is held by one or more service-disabled veterans;
2. That is organized to engage in commercial transactions; and
3. That is managed and operated on a day-to-day basis by one or more service-disabled veterans.
Κ The term includes a business which meets the above requirements that is transferred to the spouse of a service-disabled veteran upon the death of the service-disabled veteran, as determined by the United States Department of Veterans Affairs.
Sec. 20. Local business has the meaning ascribed to it in section 7 of this act.
Sec. 21. Service-disabled veteran means a veteran of the Armed Forces of the United States who has a service-connected disability of at least zero percent as determined by the United States Department of Veterans Affairs.
Sec. 22. 1. For the purpose of awarding a contract for a public work of this State for which the estimated cost is $100,000 or less, as governed by NRS 338.13862, if a local business owned by a service-disabled veteran submits a bid, the bid shall be deemed to be 5 percent lower than the bid actually submitted.
2. The preference described in subsection 1 may not be combined with any other preference.
Sec. 23. 1. If the State Public Works Board determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for the preference described in section 22 of this act, the business is thereafter permanently prohibited from:
(a) Applying for or receiving the preference described in section 22 of this act; and
(b) Bidding on a contract for a public work of this State.
2. If the State Public Works Board determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for the preference described in section 22 of this act, the business may apply to the Manager to review the decision pursuant to chapter 233B of NRS.
κ2009 Statutes of Nevada, Page 2669 (CHAPTER 472, AB 223)κ
described in section 22 of this act, the business may apply to the Manager to review the decision pursuant to chapter 233B of NRS.
3. As used in this section, Manager has the meaning ascribed to it in NRS 341.015.
Sec. 24. The State Public Works Board shall report every 6 months to the Legislature, if it is in session, or to the Interim Finance Committee, if the Legislature is not in session. The report must contain, for the period since the last report:
1. The number of contracts for public works of this State that were subject to the provisions of sections 18 to 25, inclusive, of this act.
2. The total dollar amount of contracts for public works of this State that were subject to the provisions of sections 18 to 25, inclusive, of this act.
3. The number of local businesses owned by service-disabled veterans that submitted a bid or proposal on a contract for a public work of this State.
4. The number of contracts for public works of this State that were awarded to local businesses owned by service-disabled veterans.
5. The total number of dollars worth of contracts for public works of this State that were awarded to local businesses owned by service-disabled veterans.
6. Any other information deemed relevant by the Director of the Legislative Counsel Bureau.
Sec. 25. The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of sections 18 to 25, inclusive, of this act. The regulations may include, without limitation, provisions setting forth:
1. The method by which a business may apply to receive the preference described in section 22 of this act;
2. The documentation or other proof that a business must submit to demonstrate that it qualifies for the preference described in section 22 of this act; and
3. Such other matters as the State Public Works Board deems relevant.
Κ In carrying out the provisions of this section, the State Public Works Board shall, to the extent practicable, cooperate and coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and section 13 of this act are reasonably consistent.
Sec. 26. NRS 338.1375 is hereby amended to read as follows:
338.1375 1. The State Public Works Board shall not accept a bid on a contract for a public work unless the contractor who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.
2. The State Public Works Board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this State. The criteria adopted by the State Public Works Board pursuant to this section must be used by the State Public Works Board to determine the qualification of bidders on contracts for public works of this State.
3. The criteria adopted by the State Public Works Board pursuant to this section:
κ2009 Statutes of Nevada, Page 2670 (CHAPTER 472, AB 223)κ
(a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.
(b) May include only:
(1) The financial ability of the applicant to perform a contract;
(2) The principal personnel of the applicant;
(3) Whether the applicant has breached any contracts with a public body or person in this State or any other state;
(4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.13895 [;] or section 23 of this act;
(5) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant; and
(6) The truthfulness and completeness of the application.
Sec. 27. NRS 338.1385 is hereby amended to read as follows:
338.1385 1. Except as otherwise provided in subsection 9 and NRS 338.1906 and 338.1907, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:
(a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.
(b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864 [.] and, with respect to the State, sections 18 to 25, inclusive, of this act.
(c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).
2. At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.
3. Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.
5. Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.
6. Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;
(b) The bidder is not responsive or responsible;
κ2009 Statutes of Nevada, Page 2671 (CHAPTER 472, AB 223)κ
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or
(d) The public interest would be served by such a rejection.
7. A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:
(a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;
(b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);
(c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and
(d) The contract is awarded to the bidder who has submitted the lowest responsive and responsible bid.
8. Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the public work;
(d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and
(e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.
9. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive;
(f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435; or
(g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.169 to 338.1699, inclusive.
κ2009 Statutes of Nevada, Page 2672 (CHAPTER 472, AB 223)κ
Sec. 28. NRS 338.1385 is hereby amended to read as follows:
338.1385 1. Except as otherwise provided in subsection 9, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:
(a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and having a general circulation within the county.
(b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864 [.] and, with respect to the State, sections 18 to 25, inclusive, of this act.
(c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).
2. At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.
3. Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.
5. Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.
6. Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;
(b) The bidder is not responsive or responsible;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or
(d) The public interest would be served by such a rejection.
7. A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:
(a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;
(b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);
(c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and
(d) The contract is awarded to the lowest responsive and responsible bidder.
κ2009 Statutes of Nevada, Page 2673 (CHAPTER 472, AB 223)κ
8. Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the public work;
(d) An estimate of the total cost of the public work, including, the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and
(e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.
9. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive;
(f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435; or
(g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.169 to 338.1699, inclusive.
Sec. 29. NRS 338.13862 is hereby amended to read as follows:
338.13862 1. Before this State or a local government awards a contract for the completion of a public work in accordance with subsection 1 of NRS 338.1386, the State or the local government must:
(a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and
(b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.
2. Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the State or the local government determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.
κ2009 Statutes of Nevada, Page 2674 (CHAPTER 472, AB 223)κ
3. At least once each quarter, the State and each local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any:
(a) The name of the contractor to whom the contract was awarded;
(b) The amount of the contract awarded;
(c) A brief description of the public work; and
(d) The names of all contractors from whom bids were solicited.
4. A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.
5. The provisions of this section do not relieve this State from the duty to award the contract for the public work to a bidder who is:
(a) Qualified pursuant to the applicable provisions of NRS 338.1375 to 338.1382, inclusive; and
(b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1. For the purposes of this paragraph, the lowest responsive and responsible bidder must be determined in consideration of any applicable bidders preference granted pursuant to section 22 of this act.
Sec. 30. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each year on or before October 1, the Office of Veterans Services shall review the reports submitted pursuant to sections 12 and 24 of this act.
2. In carrying out the provisions of subsection 1, the Office of Veterans Services shall seek input from:
(a) The Purchasing Division of the Department of Administration.
(b) The State Public Works Board.
(c) The Commission on Economic Development.
(d) Groups representing the interests of veterans of the Armed Forces of the United States.
(e) The business community.
(f) Local businesses owned by service-disabled veterans.
3. After performing the duties described in subsections 1 and 2, the Office of Veterans Services shall make recommendations to the Legislative Commission regarding the continuation, modification, promotion or expansion of the preferences for local businesses owned by service-disabled veterans which are described in sections 10 and 22 of this act.
4. As used in this section:
(a) Business owned by a service-disabled veteran has the meaning ascribed to it in section 19 of this act.
(b) Local business has the meaning ascribed to it in section 7 of this act.
(c) Service-disabled veteran has the meaning ascribed to it in section 21 of this act.
Sec. 31. NRS 333.336 is hereby repealed.
Sec. 32. 1. This section and sections 1 to 27, inclusive, 29, 30 and 31 of this act become effective on October 1, 2009.
2. Section 27 of this act expires by limitation on April 30, 2013.
3. Section 28 of this act becomes effective on May 1, 2013.
________
κ2009 Statutes of Nevada, Page 2675κ
Assembly Bill No. 494Committee on Government Affairs
CHAPTER 473
AN ACT relating to governmental administration; requiring certain local governmental entities to submit a report to the 76th Session of the Legislature concerning the consolidation or reorganization of certain functions; and providing other matters properly relating thereto.
[Approved: June 8, 2009]
Legislative Counsels Digest:
This bill requires the Board of County Commissioners of Clark County, the Board of County Commissioners of Washoe County and the governing body of each city in those counties to submit a report to the 76th Session of the Nevada Legislature concerning the consolidation or reorganization of certain functions performed by those local governments.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. On or before September 1, 2010, the Board of County Commissioners of Clark County, the Board of County Commissioners of Washoe County and the governing body of each city in those counties shall each submit a report to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature that, with respect to the functions of public safety, public works and general government performed by those entities:
1. Identifies the aspects of those functions that are currently consolidated in whole or in part.
2. Identifies the aspects of those functions that have been or are being considered for consolidation or reorganization.
3. Identifies the aspects of those functions that are not consolidated and whether those aspects may be appropriate for consolidation or reorganization in the future.
4. Analyzes and makes recommendations regarding the consolidation or reorganization of one or more aspects of those functions.
5. Provides estimates of the costs of consolidation or reorganization of one or more aspects of those functions and a projection of any long-term cost savings, to the extent feasible.
6. Analyzes the benefits of the creation of a permanent committee of affected entities that would meet periodically to discuss and coordinate future efforts at consolidation or reorganization of those functions.
Sec. 2. This act becomes effective on July 1, 2009.
________
κ2009 Statutes of Nevada, Page 2676κ
Assembly Bill No. 523Committee on Commerce and Labor
CHAPTER 474
AN ACT relating to housing; establishing provisions for the implementation of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008; increasing certain administrative fines; revising certain provisions relating to the grounds of termination for certain rental or lease agreements affecting certain tenants in a manufactured home park; revising provisions concerning the board of directors or trustees of a mobile home park owned or leased by a nonprofit organization; providing penalties; and providing other matters properly relating thereto.
[Approved: June 8, 2009]
Legislative Counsels Digest:
Sections 1-84 and 84.5 of this bill implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Sections 1.5-18, 21, 23, 24, 50.1-50.7 and 55-85 of this bill establish provisions for the licensing and registration with the nationwide mortgage licensing system and registry of residential mortgage loan originators, in compliance with federal law.
Section 55 of this bill also increases the administrative fine the Commissioner of Mortgage Lending may impose upon an applicant for or a holder of a license as a mortgage broker or mortgage agent for certain violations from $10,000 to $25,000 for each violation. (NRS 645B.670)
Section 85.5 of this bill repeals provisions for the licensing of certain persons on behalf of a corporation or limited-liability company as mortgage agents. (NRS 645B.455)
Section 84.1 of this bill provides that a rental agreement between a landlord and a tenant for the rental or lease of certain lots in a manufactured home park in this State may only be terminated on one or more of the grounds listed in existing law, regardless of the fact that a notice of termination may have been served upon the tenant.
Section 84.3 of this bill increases from 2 to 4 years the term of office for a person serving on the board of directors or trustees of a mobile home park owned or leased by a nonprofit organization. Section 85.3 of this bill provides for the staggering of such terms.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 8, inclusive, of this act.
Sec. 1.5. Clerical or ministerial tasks means communication with a person to obtain, and the receipt, collection and distribution of, information necessary for the processing or underwriting of a mortgage loan.
Sec. 2. Nationwide Mortgage Licensing System and Registry or Registry means the mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for licensing and registration of residential mortgage loan originators.
Secs. 3 and 4. (Deleted by amendment.)
κ2009 Statutes of Nevada, Page 2677 (CHAPTER 474, AB 523)κ
Sec. 5. Residential mortgage loan means any loan primarily for personal, family or household use that is secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a dwelling. For purposes of this section, dwelling has the meaning ascribed to it section 103(v) of the federal Truth in Lending Act, 15 U.S.C. § 1602(v).
Sec. 6. Residential mortgage loan originator means a natural person who takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan for compensation or other pecuniary gain. The term does not include:
1. A person who performs clerical or ministerial tasks as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing under this chapter, unless the person who performs such clerical or ministerial tasks is an independent contractor; or
2. A person solely involved in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. § 101(53D).
Sec. 7. (Deleted by amendment.)
Sec. 8. A mortgage broker or qualified employee who wishes to engage in activities as a residential mortgage loan originator or to supervise a mortgage agent who engages in activities as a residential mortgage loan originator must obtain and maintain a license as a mortgage agent pursuant to the provisions of NRS 645B.400 to 645B.460, inclusive.
Secs. 9-18. (Deleted by amendment.)
Sec. 19. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645B.0105 to 645B.0135, inclusive, and sections 1.5 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 645B.0125 is hereby amended to read as follows:
645B.0125 1. Mortgage agent means [a] :
(a) A natural person who:
[(a)] (1) Is an employee [or independent contractor] of a mortgage broker or mortgage banker who is required to be licensed pursuant to this chapter [;] or chapter 645E of NRS; and
[(b)] (2) Is authorized by the mortgage broker or mortgage banker to engage in, on behalf of the mortgage broker [,] or mortgage banker, any activity that would require the person, if he were not an employee [or independent contractor] of the mortgage broker [,] or mortgage banker, to be licensed as a mortgage broker or mortgage banker pursuant to this chapter [.] or chapter 645E of NRS; or
(b) A mortgage broker, qualified employee or mortgage banker who is required by section 8 or 59.1 of this act to be licensed as a mortgage agent.
2. The term includes a residential mortgage loan originator.
3. The term does not include a person who:
(a) [Is] Except as otherwise provided in paragraph (b) of subsection 1, is licensed as a mortgage broker [;] or mortgage banker;
(b) [Is a] Is an owner, general partner, officer or director of a mortgage broker [;] or mortgage banker;
κ2009 Statutes of Nevada, Page 2678 (CHAPTER 474, AB 523)κ
(c) Performs only clerical or ministerial tasks for a mortgage broker [.] ; or
(d) Collects payments and performs related services, including, without limitation, the modification of an existing loan, in connection with a loan secured by a lien on real property and who does not undertake any other activity that would otherwise require a license pursuant to this chapter or chapter 645E of NRS.
Sec. 22. (Deleted by amendment.)
Sec. 23. NRS 645B.0137 is hereby amended to read as follows:
645B.0137 1. In addition to any other requirements provided by this chapter, a person who wishes to receive an initial license as a mortgage broker or mortgage agent must:
(a) Complete education on mortgage lending as required by this chapter [; or] and any regulations adopted thereto; and
(b) Successfully pass a written examination as [determined] provided for by the Division.
2. If the applicant for an initial license as a mortgage broker is not a natural person, the applicant must designate a natural person to be the qualified employee of the applicant and meet the requirements of subsection 1.
3. The Division [:
(a) May] may hire a testing organization to create, administer and score a written examination . [; and
(b) May create waivers for a written examination.]
4. The Commissioner [may] shall adopt regulations to carry out the provisions of this section, including, without limitation [, regulations] :
(a) Regulations relating to the content of a written examination [,] and the scoring of a written examination [or any possible waivers of a written examination .] ; and
(b) Regulations for compliance with the requirements for registration with the Registry and any other applicable federal law.
Sec. 24. NRS 645B.0138 is hereby amended to read as follows:
645B.0138 1. A course of continuing education that is required pursuant to this chapter must meet the requirements set forth by the Commissioner by regulation.
2. The Commissioner shall adopt regulations:
(a) Relating to the requirements for courses of continuing education, including, without limitation, regulations relating to the providers and instructors of such courses, records kept for such courses, approval and revocation of approval of such courses, monitoring of such courses and disciplinary action taken regarding such courses.
(b) Allowing for the participation of representatives of the mortgage lending industry pertaining to the creation of regulations regarding such courses.
(c) Ensuring compliance with the requirements for registration with the Registry and any other applicable federal law.
Secs. 25-50. (Deleted by amendment.)
Sec. 50.1. NRS 645B.018 is hereby amended to read as follows:
645B.018 1. A person may apply to the Commissioner for an exemption from the provisions of this chapter governing the making of a loan of money [.] , except that an exemption may not be issued for the making of a residential mortgage loan.
κ2009 Statutes of Nevada, Page 2679 (CHAPTER 474, AB 523)κ
2. The Commissioner may grant the exemption if he finds that:
(a) The making of the loan would not be detrimental to the financial condition of the lender, the debtor or the person who is providing the money for the loan;
(b) The lender, the debtor or the person who is providing the money for the loan has established a record of sound performance, efficient management, financial responsibility and integrity;
(c) The making of the loan is likely to increase the availability of capital for a sector of the state economy; and
(d) The making of the loan is not detrimental to the public interest.
3. The Commissioner:
(a) May revoke an exemption unless the loan for which the exemption was granted has been made; and
(b) Shall issue a written statement setting forth the reasons for his decision to grant, deny or revoke an exemption.
Sec. 50.2. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A person who wishes to be licensed as a mortgage broker must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:
(a) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this State.
(b) State the name under which the applicant will conduct business as a mortgage broker.
(c) List the name, residence address and business address of each person who will:
(1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.
(2) Be associated with or employed by the mortgage broker as a mortgage agent.
(d) Include a general business plan and a description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.
(e) State the length of time the applicant has been engaged in the business of a broker.
(f) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.
(g) Include all information required to complete the application.
(h) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.
2. If a mortgage broker will conduct business at one or more branch offices within this State, the mortgage broker must apply for a license for each such branch office.
3. Except as otherwise provided in this chapter, the Commissioner shall issue a license to an applicant as a mortgage broker if:
(a) The application is verified by the Commissioner and complies with the requirements of this chapter; and
κ2009 Statutes of Nevada, Page 2680 (CHAPTER 474, AB 523)κ
(b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:
(1) Has [a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.] demonstrated financial responsibility, character and general fitness so as to command the confidence of the community and warrant a determination that he will operate honestly, fairly and efficiently for the purposes of this chapter.
(2) Has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony [relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude.] in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, or money laundering.
(3) Has not made a false statement of material fact on his application.
(4) Has [not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.] never had a license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license suspended or revoked within the immediately preceding 10 years.
(5) [Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.
(6)] Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.
Sec. 50.3. NRS 645B.0243 is hereby amended to read as follows:
645B.0243 The Commissioner may refuse to issue a license to an applicant if the Commissioner has reasonable cause to believe that the applicant or any general partner, officer or director of the applicant has, after October 1, 1999, employed or proposed to employ a person as a mortgage agent or authorized or proposed to authorize a person to be associated with a mortgage broker as a mortgage agent at a time when the applicant or the general partner, officer or director knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person [:
1. Had been convicted of, or entered a plea of nolo contendere to:
(a) A felony relating to the practice of mortgage agents; or
(b) Any crime involving fraud, misrepresentation or moral turpitude; or
2. Had a financial services license or registration suspended or revoked within the immediately preceding 20 years.] has committed any act or omission that would be cause for refusing to issue a license to a mortgage agent.
Sec. 50.4. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A license as a mortgage broker issued pursuant to this chapter expires each year on June 30, unless it is renewed. To renew such a license, the licensee must submit to the Commissioner on or before May 31 of each year:
κ2009 Statutes of Nevada, Page 2681 (CHAPTER 474, AB 523)κ
(a) An application for renewal;
(b) The fee required to renew the license pursuant to this section;
(c) The information required pursuant to NRS 645B.051; and
(d) All information required to complete the renewal.
2. If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or before May 31 of any year, the license is cancelled as of June 30 of that year. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner:
(a) An application for renewal;
(b) The fee required to renew the license pursuant to this section;
(c) The information required pursuant to NRS 645B.051;
(d) Except as otherwise provided in this section, a reinstatement fee of not more than $200; and
(e) All information required to complete the reinstatement.
3. Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or before November 30 of each year:
(a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and
(b) The fee required to renew the certificate of exemption.
4. If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or before November 30 of any year, the certificate of exemption is cancelled as of December 31 of that year. Except as otherwise provided in NRS 645B.016, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner:
(a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;
(b) The fee required to renew the certificate of exemption; and
(c) Except as otherwise provided in this section, a reinstatement fee of not more than $100.
5. Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:
(a) To file an original application for a license, not more than $1,500 for the principal office and not more than $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.
(b) To be issued a license, not more than $1,000 for the principal office and not more than $60 for each branch office.
(c) To renew a license, not more than $500 for the principal office and not more than $100 for each branch office.
6. Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:
(a) To file an application for a certificate of exemption, not more than $200.
(b) To renew a certificate of exemption, not more than $100.
κ2009 Statutes of Nevada, Page 2682 (CHAPTER 474, AB 523)κ
7. To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of not more than $10.
8. Except as otherwise provided in this chapter, all fees received pursuant to this chapter are in addition to any fee required to be paid to the Registry and must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.
9. The Commissioner may, by regulation, adjust any fee or date set forth in this section if the Commissioner determines that such an adjustment is necessary for the Commissioner to carry out his duties pursuant to this chapter. The amount of any adjustment in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his duties pursuant to this chapter.
Sec. 50.5. NRS 645B.410 is hereby amended to read as follows:
645B.410 1. To obtain a license as a mortgage agent, a person must:
(a) Be a natural person;
(b) File a written application for a license as a mortgage agent with the Office of the Commissioner;
(c) Comply with the applicable requirements of this chapter; and
(d) Pay an application fee set by the Commissioner of not more than $185.
2. An application for a license as a mortgage agent must:
(a) State the name and residence address of the applicant;
(b) Include a provision by which the applicant gives his written consent to an investigation of his credit history, criminal history and background;
(c) Include a complete set of fingerprints which the Division may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(d) [Include] If he is not licensed as a mortgage broker or mortgage banker pursuant to chapter 645B or 645E of NRS, include a verified statement from the mortgage broker or mortgage banker with whom the applicant will be associated that expresses the intent of that mortgage broker or mortgage banker to associate the applicant with the mortgage broker or mortgage banker and to be responsible for the activities of the applicant as a mortgage agent; and
(e) Include any other information or supporting materials required pursuant to the regulations adopted by the Commissioner or by an order of the Commissioner. Such information or supporting materials may include, without limitation, other forms of identification of the person.
3. Except as otherwise provided in this chapter, the Commissioner shall issue a license as a mortgage agent to an applicant if:
(a) The application is verified by the Commissioner and complies with the applicable requirements of this chapter; and
(b) The applicant:
(1) Has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony [relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude;] in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, or money laundering;
(2) Has [not] never had a license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction, or had a financial services license suspended or revoked within the immediately preceding 10 years;
κ2009 Statutes of Nevada, Page 2683 (CHAPTER 474, AB 523)κ
originator revoked in this State or any other jurisdiction, or had a financial services license suspended or revoked within the immediately preceding 10 years;
(3) Has not made a false statement of material fact on his application;
(4) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner; and
(5) Has [a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage agent in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.] demonstrated financial responsibility, character and general fitness so as to command the confidence of the community and warrant a determination that he will operate honestly, fairly and efficiently for the purposes of this chapter.
4. Money received by the Commissioner pursuant to this section is in addition to any fee required to be paid to the Registry and must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.
Sec. 50.6. NRS 645B.430 is hereby amended to read as follows:
645B.430 1. A license as a mortgage agent issued pursuant to NRS 645B.410 expires 1 year after the date the license is issued, unless it is renewed. To renew a license as a mortgage agent, the holder of the license must submit to the Commissioner each year, on or before the date the license expires:
(a) An application for renewal;
(b) Except as otherwise provided in this section, satisfactory proof that the holder of the license as a mortgage agent attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires; and
(c) A renewal fee set by the Commissioner of not more than $170.
2. If the holder of the license as a mortgage agent fails to submit any item required pursuant to subsection 1 to the Commissioner each year on or before the date the license expires, the license is cancelled. The Commissioner may reinstate a cancelled license if the holder of the license submits to the Commissioner:
(a) An application for renewal;
(b) The fee required to renew the license pursuant to this section; and
(c) A reinstatement fee of $75.
3. To be issued a duplicate copy of a license as a mortgage agent, a person must make a satisfactory showing of its loss and pay a fee of $10.
4. To change the mortgage broker with whom the mortgage agent is associated, a person must pay a fee of $10.
5. Money received by the Commissioner pursuant to this section is in addition to any fee that must be paid to the Registry and must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.
6. The Commissioner may provide by regulation that any hours of a certified course of continuing education attended during a 12-month period, but not needed to satisfy a requirement set forth in this section for the 12-month period in which the hours were taken, may be used to satisfy a requirement set forth in this section for a later 12-month period.
7. As used in this section, certified course of continuing education has the meaning ascribed to it in NRS 645B.051.
κ2009 Statutes of Nevada, Page 2684 (CHAPTER 474, AB 523)κ
Sec. 50.7. NRS 645B.460 is hereby amended to read as follows:
645B.460 1. A mortgage broker shall exercise reasonable supervision over the activities of his mortgage agents [.] and must also be licensed as a mortgage agent if required pursuant to section 8 of this act. Such reasonable supervision must include, as appropriate:
(a) The establishment of written or oral policies and procedures for his mortgage agents; [and]
(b) The establishment of a system to review, oversee and inspect the activities of his mortgage agents, including, without limitation:
(1) Transactions handled by his mortgage agents pursuant to this chapter;
(2) Communications between his mortgage agents and a party to such a transaction;
(3) Documents prepared by his mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and
(4) The handling by his mortgage agents of any fee, deposit or money paid to the mortgage broker or his mortgage agents or held in trust by the mortgage broker or his mortgage agents pursuant to this chapter [.] ; and
(c) The establishment of a system of reporting to the Division of any fraudulent activity engaged in by any of his mortgage agents.
2. The Commissioner shall allow a mortgage broker to take into consideration the total number of mortgage agents associated with or employed by the mortgage broker when the mortgage broker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.
3. The Commissioner may adopt regulations prescribing standards for determining whether a mortgage broker has exercised reasonable supervision over the activities of a mortgage agent pursuant to this section.
Secs. 51-54. (Deleted by amendment.)
Sec. 55. NRS 645B.670 is hereby amended to read as follows:
645B.670 Except as otherwise provided in NRS 645B.690:
1. For each violation committed by an applicant for a license issued pursuant to this chapter, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than [$10,000,] $25,000, if the applicant:
(a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;
(b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or
(c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.
2. For each violation committed by a mortgage broker, the Commissioner may impose upon the mortgage broker an administrative fine of not more than [$10,000,] $25,000, may suspend, revoke or place conditions upon his license, or may do both, if the mortgage broker, whether or not acting as such:
κ2009 Statutes of Nevada, Page 2685 (CHAPTER 474, AB 523)κ
(a) Is insolvent;
(b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has made a material misrepresentation in connection with any transaction governed by this chapter;
(f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage broker knew or, by the exercise of reasonable diligence, should have known;
(g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage broker possesses and which, if submitted by him, would have rendered the mortgage broker ineligible to be licensed pursuant to the provisions of this chapter;
(h) Has failed to account to persons interested for all money received for a trust account;
(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 or a regulation adopted pursuant to this chapter;
(j) Has been convicted of, or entered a plea of guilty or nolo contendere to, a felony [relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude;] in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, or money laundering.
(k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the mortgage broker is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment;
(m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
(n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;
(o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;
(p) Has repeatedly violated the policies and procedures of the mortgage broker;
(q) Has failed to exercise reasonable supervision over the activities of a mortgage agent as required by NRS 645B.460;
(r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;
(s) Has employed a person as a mortgage agent or authorized a person to be associated with the mortgage broker as a mortgage agent at a time when the mortgage broker knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:
κ2009 Statutes of Nevada, Page 2686 (CHAPTER 474, AB 523)κ
the mortgage broker knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:
(1) Had been convicted of, or entered a plea of guilty or nolo contendere to, a felony [relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude;] in a domestic, foreign or military court within the 7 years immediately preceding the date of application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, or money laundering; or
(2) Had a [financial services] license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license or registration suspended or revoked within the immediately preceding 10 years;
(t) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS; or
(u) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The Commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the mortgage broker or by conducting an examination of the mortgage broker.
3. For each violation committed by a mortgage agent, the Commissioner may impose upon the mortgage agent an administrative fine of not more than [$10,000,] $25,000 may suspend, revoke or place conditions upon his license, or may do both, if the mortgage agent, whether or not acting as such:
(a) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(b) Has made a material misrepresentation in connection with any transaction governed by this chapter;
(c) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage agent knew or, by the exercise of reasonable diligence, should have known;
(d) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage agent possesses and which, if submitted by him, would have rendered the mortgage agent ineligible to be licensed pursuant to the provisions of this chapter;
(e) Has been convicted of, or entered a plea of guilty or nolo contendere to, a felony [relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude;] in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, or money laundering.
(f) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
(g) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;
(h) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;
(i) Has repeatedly violated the policies and procedures of the mortgage broker with whom he is associated or by whom he is employed; or
κ2009 Statutes of Nevada, Page 2687 (CHAPTER 474, AB 523)κ
(j) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner or has assisted or offered to assist another person to commit such a violation.
Secs. 56-58. (Deleted by amendment.)
Sec. 59. Chapter 645E of NRS is hereby amended by adding thereto the provisions set forth as sections 59.1 to 59.7, inclusive, of this act.
Sec. 59.1. 1. Any person licensed as a mortgage banker under this chapter and who engages in activities as a residential mortgage loan originator or who supervises a mortgage agent who engages in activities as a residential mortgage loan originator, and any employee or independent contractor of a mortgage banker who engages in activities as a residential mortgage loan originator, must be licensed as a mortgage agent pursuant to the provisions of NRS 645B.400 to 645B.460, inclusive.
2. As used in this section, residential mortgage loan originator has the meaning ascribed to it in section 6 of this act.
Sec. 59.3. 1. A mortgage banker shall exercise reasonable supervision over the activities of his mortgage agents and must also be licensed as a mortgage agent if required pursuant to section 8 of this act. Such reasonable supervision must include, as appropriate:
(a) The establishment of written or oral policies and procedures for his mortgage agents;
(b) The establishment of a system to review, oversee and inspect the activities of his mortgage agents, including, without limitation:
(1) Transactions handled by his mortgage agents pursuant to this chapter;
(2) Communications between his mortgage agents and a party to such a transaction;
(3) Documents prepared by his mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and
(4) The handling by his mortgage agents of any fee, deposit or money paid to the mortgage banker or his mortgage agents or held in trust by the mortgage banker or his mortgage agents pursuant to this chapter; and
(c) The establishment of a system of reporting to the Division of any fraudulent activity engaged in by any of his mortgage agents.
2. The Commissioner shall allow a mortgage banker to take into consideration the total number of mortgage agents associated with or employed by the mortgage broker when the mortgage broker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.
3. The Commissioner may adopt regulations prescribing standards for determining whether a mortgage broker has exercised reasonable supervision over the activities of a mortgage agent pursuant to this section.
Sec. 59.5. If a mortgage agent terminates his association or employment with a mortgage banker for any reason, the mortgage banker shall, not later than 3 business days following knowledge of the date of termination:
1. Deliver to the mortgage agent or send by certified mail to the last known residence address of the mortgage agent a written statement which advises him that his termination is being reported to the Division; and
κ2009 Statutes of Nevada, Page 2688 (CHAPTER 474, AB 523)κ
2. Deliver or send by certified mail to the Division:
(a) The license or license number of the mortgage agent;
(b) A written statement of the circumstances surrounding the termination; and
(c) A copy of the written statement that the mortgage banker delivers or mails to the mortgage agent pursuant to subsection 1.
Sec. 59.7. 1. If a person offers or provides any of the services of a mortgage banker or mortgage agent or otherwise engages in, carries on or holds himself out as engaging in or carrying on the business of a mortgage banker 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 $50,000 for each violation and, if the person has a license, the Commissioner shall revoke it.
2. If a mortgage banker violates subsection 1 of NRS 645E.350 and the mortgage banker 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 banker to provide information, make a report or permit an examination of his books or affairs pursuant to this chapter and the mortgage banker 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 banker an administrative fine of not more than $10,000 for each violation;
(b) Suspend or revoke the license of the mortgage banker; and
(c) Conduct a hearing to determine whether the mortgage banker 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 banker pursuant to NRS 645E.630.
Sec. 60. (Deleted by amendment.)
Sec. 61. Chapter 645F of NRS is hereby amended by adding thereto the provisions set forth as sections 62 to 77.5, inclusive, of this act.
Secs. 62-72. (Deleted by amendment.)
Sec. 73. Nationwide Mortgage Licensing System and Registry or Registry have the meanings ascribed to them in section 2 of this act.
Secs. 74 and 75. (Deleted by amendment.)
Sec. 75.3. The Commissioner shall adopt such regulations as necessary to comply with the requirements of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.
Sec. 75.7. The Commissioner shall adopt regulations:
1. Establishing minimum net worth or surety bonding requirements that reflect the dollar amount of loans originated by a residential mortgage loan originator, as defined in section 6 of this act; or
2. Requiring a percentage of the fees collected for the issuance or renewal of a license pursuant to chapter 645B or 645E of NRS to be deposited in a mortgage recovery fund, and setting forth the methods by which a person may make a claim against and be paid from the fund.
κ2009 Statutes of Nevada, Page 2689 (CHAPTER 474, AB 523)κ
Sec. 76. 1. The Commissioner shall adopt regulations to carry out the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.
2. The regulations must include, without limitation:
(a) A method by which to allow for reporting regularly violations of the relevant provisions of chapter 645B or 645E of NRS, enforcement actions and other relevant information to the Registry; and
(b) A process whereby a person may challenge information reported to the Registry by the Commissioner.
Sec. 77. 1. Except as otherwise provided in section 1512 of Public Law 110-289, the requirements under any federal law or NRS 645B.060 and 645B.092 regarding the confidentiality of any information or material provided to the Registry, and any privilege arising under federal laws of this State with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with mortgage industry oversight without the loss of privilege or the loss of confidentiality protections provided by federal law or the provisions of NRS 645B.060 and 645B.092.
2. Information or material that is subject to a privilege or confidentiality under subsection 1 is not subject to:
(a) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the Federal Government or the State of Nevada; and
(b) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Registry with respect to such information or material, the person to whom such information or material waives, in whole or in part, that privilege.
3. This section does not apply to information or material relating to:
(a) The employment history of; and
(b) Publicly adjudicated disciplinary and enforcement actions against,
Κ residential mortgage loan originators included in the Registry for access by the public.
Sec. 77.5. For the purpose of carrying out the provisions of section 77 of this act, the Commissioner may by regulation or order enter into agreements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators or other associations representing governmental agencies.
Sec. 78. NRS 645F.010 is hereby amended to read as follows:
645F.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645F.020 to 645F.060, inclusive, and section 73 of this act have the meanings ascribed to them in those sections.
Secs. 79-81. (Deleted by amendment.)
Sec. 82. NRS 645F.290 is hereby amended to read as follows:
645F.290 1. The Commissioner shall collect an assessment pursuant to this section from each:
(a) Escrow agency that is supervised pursuant to chapter 645A of NRS;
(b) Mortgage broker that is supervised pursuant to chapter 645B of NRS; [and]
(c) Mortgage agent that is supervised pursuant to chapter 645B or 645E of NRS; and
κ2009 Statutes of Nevada, Page 2690 (CHAPTER 474, AB 523)κ
(d) Mortgage banker that is supervised pursuant to chapter 645E of NRS.
2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:
(a) An equal basis; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.
Secs. 83 and 84. (Deleted by amendment.)
Sec. 84.1. NRS 118B.200 is hereby amended to read as follows:
118B.200 1. Notwithstanding the expiration of a period of a tenancy [,] or service of a notice pursuant to subsection 1 of NRS 118B.190, the rental agreement described in NRS 118B.190 may not be terminated except [for:] on one or more of the following grounds:
(a) Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;
(b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
(c) Conduct of the tenant in the manufactured home park which constitutes an annoyance to other tenants;
(d) Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
(e) A change in the use of the land by the landlord pursuant to NRS 118B.180;
(f) Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance, specifically including, without limitation:
(1) Discharge of a weapon;
(2) Prostitution;
(3) Illegal drug manufacture or use;
(4) Child molestation or abuse;
(5) Elder molestation or abuse;
(6) Property damage as a result of vandalism; and
(7) Operating a motor vehicle while under the influence of alcohol or any other controlled substance; or
κ2009 Statutes of Nevada, Page 2691 (CHAPTER 474, AB 523)κ
(g) In a manufactured home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:
(1) Are set forth in the lease signed by the tenant; and
(2) Comply with federal, state and local law.
2. A tenant who is not a natural person and who has received three or more 10-day notices to quit for failure to pay rent in the preceding 12-month period may have his tenancy terminated by the landlord for habitual failure to pay timely rent.
Sec. 84.3. NRS 461A.215 is hereby amended to read as follows:
461A.215 1. Notwithstanding any provision of law to the contrary, if a nonprofit organization owns or leases a mobile home park:
(a) The board of directors or trustees which controls the mobile home park must be selected as set forth in this section; and
(b) The provisions of this section govern the operation of the nonprofit organization and the mobile home park.
2. If a nonprofit organization owns or leases only one mobile home park, the board of directors or trustees which controls the mobile home park must be composed of:
(a) Three directors or trustees who are residents of the mobile home park and are elected by a majority of the residents who live in the mobile home park, with each unit in the mobile home park authorized to cast one vote;
(b) Except as otherwise provided in subsection 4, three directors or trustees appointed by the governing body of the local government with jurisdiction over the location of the mobile home park; and
(c) Three directors or trustees elected by a majority of the other directors or trustees selected pursuant to this subsection.
3. If a nonprofit organization owns or leases more than one mobile home park, the board of directors or trustees which controls the mobile home parks must be composed of:
(a) For each mobile home park, one director or trustee who is a resident of that mobile home park and is elected by a majority of the residents who live in that mobile home park, with each unit in the mobile home park authorized to cast one vote;
(b) Except as otherwise provided in subsection 4, one director or trustee appointed for each mobile home park by the governing body of the local government with jurisdiction over the location of that mobile home park; and
(c) For each mobile home park, one director or trustee elected by a majority of the other directors or trustees selected pursuant to this subsection.
4. The governing body of a local government with jurisdiction over the location of a mobile home park owned or leased by a nonprofit organization shall not appoint a director or trustee pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3 unless the land upon which the mobile home park is located or the improvements to that land are owned by any governmental entity, patented to any governmental entity or leased to the nonprofit organization by any governmental entity.
5. The term of office of a director or trustee selected pursuant to this section:
(a) Is [2] 4 years, except that upon the expiration of his term of office he shall continue to serve until his successor is selected; and
(b) Commences on July 1 . [of each odd-numbered year.]
κ2009 Statutes of Nevada, Page 2692 (CHAPTER 474, AB 523)κ
6. Any vacancy occurring in the membership of the board of directors or trustees selected pursuant to this section must be filled in the same manner as the original election or appointment.
7. The Attorney General shall:
(a) Enforce the provisions of this section;
(b) Investigate suspected violations of the provisions of this section; and
(c) Institute proceedings on behalf of this State, an agency or political subdivision of this State, or as parens patriae of a person residing in a mobile home park:
(1) For injunctive relief to prevent and restrain a violation of any provision of this section; and
(2) To collect any costs or fees awarded pursuant to the provisions of this section.
8. The provisions of this section may be enforced with regard to a nonprofit organization or a mobile home park by:
(a) The nonprofit organization;
(b) The board of directors or trustees required to be selected pursuant to this section, or any member thereof;
(c) A person who claims membership on the board of directors or trustees required to be selected pursuant to this section;
(d) A resident of the mobile home park;
(e) The local government with jurisdiction over the location of the mobile home park; or
(f) Any combination of the persons described in paragraphs (a) to (e), inclusive.
9. In any action to enforce the provisions of this section, including, without limitation, an action to prevent or restrain a violation of the provisions of this section, if a person is found to have knowingly acted as a director or trustee on a board of directors or trustees required to be selected pursuant to this section while he was not authorized to act as such a director or trustee pursuant to this section:
(a) The court shall award the prevailing party costs and attorneys fees;
(b) If the nonprofit organization which owns or leases a mobile home park participates in the action, the court shall award the nonprofit organization costs and attorneys fees; and
(c) Costs and attorneys fees awarded pursuant to this section must be recovered from the person. If in the same action to enforce the provisions of this section, more than one person is found to have knowingly acted as a director or trustee on a board of directors or trustees required to be selected pursuant to this section while he was not authorized to act as such a director or trustee pursuant to this section, each such person is jointly and severally liable for the costs and attorneys fees awarded pursuant to this section.
10. The provisions of this section do not apply to a corporate cooperative park.
11. As used in this section:
(a) Board of directors or trustees which controls the mobile home park means:
(1) If the nonprofit organization which owns or leases a mobile home park does not own or operate any substantial asset that is unrelated to the mobile home park, the board of directors or trustees of the nonprofit organization; or
κ2009 Statutes of Nevada, Page 2693 (CHAPTER 474, AB 523)κ
(2) If the nonprofit organization which owns or leases a mobile home park owns or operates a substantial asset that is unrelated to the mobile home park, a board of directors or trustees which:
(I) Has full and independent control over the affairs of the nonprofit organization that are related to the mobile home park, including, without limitation, full and independent control over all policies, operation, property, assets, accounts and records of the nonprofit organization which are related to or derived from the park;
(II) Notwithstanding any provision of law to the contrary, exercises the powers described in sub-subparagraph (I) without being subject to any control by the board of directors or trustees of the nonprofit organization or any other person, group or entity within or related to the nonprofit organization; and
(III) If the nonprofit organization owns or leases more than one mobile home park, controls all of the mobile home parks owned or leased by the nonprofit organization.
(b) Corporation for public benefit has the meaning ascribed to it in NRS 82.021.
(c) Governmental entity includes, without limitation, the Federal Government, this State, an agency or political subdivision of this State, a municipal corporation and a housing authority.
(d) Nonprofit organization includes, without limitation, a corporation for public benefit.
(e) Owns or leases a mobile home park means being the owner or lessee of:
(1) The land upon which the mobile home park is located; or
(2) The improvements to the land upon which the mobile home park is located.
Sec. 84.5. Chapter 658 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person authorized to engage in activities as a residential mortgage loan originator on behalf of a privately insured institution or organization licensed under title 55 or 56 of NRS shall obtain and maintain a license as a mortgage agent.
2. As used in subsection 1:
(a) Mortgage agent has the meaning ascribed to in NRS 645B.0125; and
(b) Residential mortgage loan originator has the meaning ascribed to it in section 6 of this act.
Sec. 84.7. Section 20 of Assembly Bill No. 486 of this session is hereby amended to read as follows:
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, any contracts entered into by that person for the mortgage transaction are voidable by the other party to the contract.
Sec. 85. Notwithstanding the amendatory provisions of this act:
1. A person who holds a license as a mortgage broker under chapter 645B of NRS or as a mortgage banker under chapter 645E of NRS on or before July 31, 2009, and who, because of his lawful activities, is required to be licensed as a mortgage agent, may continue his activities without obtaining a license as a mortgage agent until July 1, 2011, or such other date as the Commissioner of Mortgage Lending may prescribe by regulation if necessary to comply with federal law.
κ2009 Statutes of Nevada, Page 2694 (CHAPTER 474, AB 523)κ
obtaining a license as a mortgage agent until July 1, 2011, or such other date as the Commissioner of Mortgage Lending may prescribe by regulation if necessary to comply with federal law.
2. A person who does not hold a license as a mortgage broker under chapter 645B of NRS or as a mortgage banker under chapter 645E of NRS on or before July 31, 2009, and who, because of his lawful activities, is required to be licensed as a mortgage agent, may continue his activities without obtaining a license as a mortgage agent until July 1, 2010.
Sec. 85.3. Notwithstanding the provisions of subsection 5 of NRS 461A.215, as amended by section 84.3 of this act, for the terms commencing on July 1, 2009:
1. Of the three directors or trustees elected pursuant to paragraph (a) of subsection 2 of NRS 461A.215:
(a) One director or trustee must be elected to a term expiring on July 1, 2011; and
(b) Two directors or trustees must be elected to terms expiring on July 1, 2012.
2. Of the three directors or trustees appointed pursuant to paragraph (b) of subsection 2 of NRS 461A.215:
(a) One director or trustee must be appointed to a term expiring on July 1, 2011; and
(b) Two directors or trustees must be appointed to terms expiring on July 1, 2012.
Sec. 85.5. NRS 645B.455 is hereby repealed.
Sec. 86. 1. This section and sections 84.1, 84.3 and 85.3 of this act become effective upon passage and approval.
2. Sections 1 to 84, inclusive, 84.5, 84.7, 85 and 85.5 of this act become effective upon passage and approval for the purpose of adopting regulations and for licensure pursuant to section 85 of this act and on October 1, 2009, for all other purposes.
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