[Rev. 2/6/2019 2:02:52 PM]
κ2011 Statutes of Nevada, Page 1665κ
Assembly Bill No. 212Assemblymen Woodbury; Goicoechea, Grady, Hammond, Hansen, Hardy, Hickey, Kite and Stewart
Joint Sponsors: Senators Hardy; Gustavson, Kieckhefer and Settelmeyer
CHAPTER 300
[Approved: June 10, 2011]
AN ACT relating to transportation; revising provisions governing the authority of the Department of Transportation to enter into contracts with design-build teams; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Department of Transportation is authorized, under certain circumstances, to enter into one or more contracts known as design-build contracts with teams that consist of at least one general contractor and an architect or professional engineer for the design and construction of projects estimated to cost more than $20 million. Once each fiscal year, the Department is authorized to enter into a design-build contract for a project estimated to cost between $5 million and $20 million. (NRS 408.388) This bill: (1) decreases to $10 million the threshold at which the Department is authorized generally to enter into a design-build contract for a project; and (2) revises the authorization for the Department to enter into smaller design-build contracts from once each fiscal year to twice each fiscal year, and also revises the upper limit on the estimated cost of such a contract to $10 million.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.388 is hereby amended to read as follows:
408.388 1. Except as otherwise provided in NRS 408.5471 to 408.549, inclusive, the Department may contract with a design-build team for the design and construction of a project if the Department determines that:
(a) Except as otherwise provided in subsection 2, the estimated cost of the project exceeds [$20,000,000;] $10,000,000; and
(b) Contracting with a design-build team will enable the Department to:
(1) Design and construct the project at a cost that is significantly lower than the cost that the Department would incur to design and construct the project using a different method;
(2) Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or
(3) Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature.
2. Notwithstanding the provisions of subsection 1, the Department may, [once] twice in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than [$20,000,000] $10,000,000 if the Department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.
κ2011 Statutes of Nevada, Page 1666 (CHAPTER 300, AB 212)κ
$5,000,000 but less than [$20,000,000] $10,000,000 if the Department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.
Sec. 2. This act becomes effective on July 1, 2011.
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Assembly Bill No. 232Assemblymen Woodbury; Aizley, Anderson, Ellison, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hardy, Hickey, Kirner, Kite, Livermore, McArthur, Sherwood and Stewart
Joint Sponsors: Senators Hardy, Gustavson; and Settelmeyer
CHAPTER 301
[Approved: June 10, 2011]
AN ACT relating to motor carriers; authorizing the payment of certain fees for annual permits issued by the Department of Transportation to operators of certain combination vehicles to be made during certain registration cycles; requiring the Department to adopt regulations establishing the registration cycles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the operator of a combination of vehicles which exceeds 70 feet in length and which weighs more than 80,000 pounds to obtain a special permit from the Department of Transportation to operate the vehicles in this State and requires the operator to pay the annual fee for the permit at the time the permit is issued, except that the fee is to be reduced one-twelfth for each month that has elapsed since the beginning of the calendar year. (NRS 484D.615, 706.531) This bill requires the Department to adopt regulations providing for the payment of the annual fee in certain registration cycles established by the Department and requires the reduction of the fee by one-twelfth for each month that has elapsed since the beginning of the registration cycle of the operator.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.531 is hereby amended to read as follows:
706.531 1. The Department of Transportation shall approve an application for a permit pursuant to the provisions of subsection 5 of NRS 484D.615. The permit must be carried and displayed in such a manner as the Department determines on every combination so operating. The permit issued may be transferred from one combination to another, under such conditions as the Department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the Department. The permit may be used only on motor vehicles regularly licensed pursuant to the provisions of NRS 482.482.
κ2011 Statutes of Nevada, Page 1667 (CHAPTER 301, AB 232)κ
2. The annual fee for each permit for a combination of vehicles is $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each [calendar year,] registration cycle rounded to the nearest dollar, but must not be less than $50. The annual fee for each permit for a combination of vehicles not exceeding 80,000 pounds is $10. The fee [must be paid] required pursuant to this subsection is in addition to all other fees required by the provisions of this chapter. The Department of Transportation shall adopt regulations establishing registration cycles for permits issued pursuant to this section and establishing procedures for assigning a person applying for a permit pursuant to this section to a particular registration cycle.
3. Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2 who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a combination of vehicles without having complied with the provisions of this section and NRS 484D.615 is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due pursuant to the provisions of subsection 2 for the balance of the [calendar year] registration cycle for the gross load being carried at the time of apprehension.
5. The holder of an original permit may, upon surrendering the permit to the Department or upon delivering to the Department a signed and notarized statement that the permit was lost or stolen and such other documentation as the Department may require, apply to the Department:
(a) For a refund of an amount equal to that portion of the fees paid for the permit that is attributable, on a pro rata monthly basis, to the remainder of the [calendar year;] registration cycle; or
(b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.
Sec. 2. This act becomes 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, 2012, for all other purposes.
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κ2011 Statutes of Nevada, Page 1668κ
Assembly Bill No. 258Committee on Judiciary
CHAPTER 302
[Approved: June 10, 2011]
AN ACT relating to gaming; requiring the Nevada Gaming Commission to adopt regulations relating to the licensing and operation of interactive gaming; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain gaming establishments to obtain a license to operate interactive gaming. (NRS 463.750) This bill requires the Nevada Gaming Commission to establish by regulation certain provisions authorizing the licensing and operation of interactive gaming under certain circumstances. This bill further provides that a license to operate interstate interactive gaming does not become effective until: (1) the passage of federal legislation authorizing interactive gaming; or (2) the United States Department of Justice notifies the Commission or the State Gaming Control Board that interactive gaming is permissible under federal law.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. The State of Nevada leads the nation in gaming regulation and enforcement, such that the State of Nevada is uniquely positioned to develop an effective and comprehensive regulatory structure related to interactive gaming.
2. A comprehensive regulatory structure, coupled with strict licensing standards, will ensure the protection of consumers, prevent fraud, guard against underage and problem gambling and aid in law enforcement efforts.
3. To provide for licensed and regulated interactive gaming and to prepare for possible federal legislation, the State of Nevada must develop the necessary structure for licensure, regulation and enforcement.
Secs. 3-10. (Deleted by amendment.)
Sec. 10.5. NRS 463.016425 is hereby amended to read as follows:
463.016425 1. Interactive gaming means the conduct of gambling games through the use of communications technology that allows a person, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards or any other instrumentality, to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. The term [does] :
(a) Includes, without limitation, Internet poker.
(b) Does not include the operation of a race book or sports pool that uses communications technology approved by the Board pursuant to regulations adopted by the Commission to accept wagers originating within this state for races, or sporting events or other events.
κ2011 Statutes of Nevada, Page 1669 (CHAPTER 302, AB 258)κ
adopted by the Commission to accept wagers originating within this state for races, or sporting events or other events.
2. As used in this section, communications technology means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wire, cable, radio, microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.
Sec. 11. NRS 463.160 is hereby amended to read as follows:
463.160 1. Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;
(b) To provide or maintain any information service;
(c) To operate a gaming salon; [or]
(d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool [,] ; or
(e) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,
Κ without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. The licensure of an operator of an inter-casino linked system is not required if:
(a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or
(b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.
3. Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that persons employee.
4. The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the persons private residence without procuring a state gaming license.
5. As used in this section, affiliated licensee has the meaning ascribed to it in NRS 463.430.
Sec. 12. NRS 463.750 is hereby amended to read as follows:
463.750 1. [Except as otherwise provided in subsections 2 and 3, the] The Commission [may,] shall, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.
κ2011 Statutes of Nevada, Page 1670 (CHAPTER 302, AB 258)κ
2. [The Commission may not adopt regulations governing the licensing and operation of interactive gaming until the Commission first determines that:
(a) Interactive gaming can be operated in compliance with all applicable laws;
(b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and
(c) Such regulations are consistent with the public policy of the State to foster the stability and success of gaming.
3.] The regulations adopted by the Commission pursuant to this section must:
(a) Establish the investigation fees for:
(1) A license to operate interactive gaming;
(2) A license for a manufacturer of interactive gaming systems; and
(3) A license for a manufacturer of equipment associated with interactive gaming.
(b) Provide that:
(1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and
(2) A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming.
(c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming that are as stringent as the standards for a nonrestricted license.
(d) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment [.] , unless federal law otherwise provides for a similar fee or tax.
(e) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.
(f) Define equipment associated with interactive gaming, interactive gaming system, manufacturer of equipment associated with interactive gaming, manufacturer of interactive gaming systems, operate interactive gaming and proprietary hardware and software as the terms are used in this chapter.
[4.] (g) Provide that any license to operate interstate interactive gaming does not become effective until:
(1) A federal law authorizing the specific type of interactive gaming for which the license was granted is enacted; or
(2) The United States Department of Justice notifies the Board or Commission in writing that it is permissible under federal law to operate the specific type of interactive gaming for which the license was granted.
3. Except as otherwise provided in [subsection 5,] subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:
κ2011 Statutes of Nevada, Page 1671 (CHAPTER 302, AB 258)κ
(a) In a county whose population is 400,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.
(b) In a county whose population is more than 40,000 but less than 400,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Holds a nonrestricted license for the operation of games and gaming devices;
(2) Has more than 120 rooms available for sleeping accommodations in the same county;
(3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
(4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and
(5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.
(c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;
(2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and
(3) Operates either:
(I) More than 50 rooms for sleeping accommodations in connection therewith; or
(II) More than 50 gaming devices in connection therewith.
[5.] 4. The Commission may:
(a) Issue a license to operate interactive gaming to an affiliate of an establishment if:
(1) The establishment satisfies the applicable requirements set forth in subsection [4; and] 3;
(2) The affiliate is located in the same county as the establishment; and
(3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and
(b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.
[6.] 5. The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.
6. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:
(a) Until the Commission adopts regulations pursuant to this section; and
(b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.
κ2011 Statutes of Nevada, Page 1672 (CHAPTER 302, AB 258)κ
7. A person who violates subsection 6 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.
Sec. 12.5. NRS 463.770 is hereby amended to read as follows:
463.770 1. [All] Unless federal law otherwise provides for a similar fee or tax, all gross revenue from operating interactive gaming received by an establishment licensed to operate interactive gaming, regardless of whether any portion of the revenue is shared with another person, must be attributed to the licensee and counted as part of the gross revenue of the licensee for the purpose of computing the license fee required by NRS 463.370.
2. A manufacturer of interactive gaming systems who is authorized by an agreement to receive a share of the revenue from an interactive gaming system from an establishment licensed to operate interactive gaming is liable to the establishment for a portion of the license fee paid pursuant to subsection 1. The portion for which the manufacturer of interactive gaming systems is liable is 6.75 percent of the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to the agreement.
3. For the purposes of subsection 2, the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to an agreement to share the revenue from an interactive gaming system:
(a) Includes all revenue of the manufacturer of interactive gaming systems that is the manufacturer of interactive gaming systems share of the revenue from the interactive gaming system pursuant to the agreement; and
(b) Does not include revenue that is the fixed purchase price for the sale of a component of the interactive gaming system.
Secs. 13 and 14. (Deleted by amendment.)
Sec. 14.5. The Nevada Gaming Commission shall, on or before January 31, 2012, adopt regulations to carry out the amendatory provisions of this act.
Sec. 15. This act becomes effective upon passage and approval.
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κ2011 Statutes of Nevada, Page 1673κ
Assembly Bill No. 260Assemblymen Oceguera, Conklin, Smith, Kirkpatrick, Bobzien; Atkinson, Carrillo, Horne, Mastroluca, Pierce, Segerblom and Sherwood
CHAPTER 303
[Approved: June 10, 2011]
AN ACT relating to the Legislature; requiring newly elected Legislators to attend training before the beginning of their first legislative session; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires newly elected Legislators to attend training before the beginning of their first legislative session. The Speaker of the Assembly and the Majority Leader of the Senate are required to specify the dates of the training and to indicate which training sessions are mandatory.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. For the purposes of section 3 of this act, the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly and the Minority Leader of the Senate are:
1. For the period that begins immediately following a regular session of the Legislature until the day of the next general election, the members of the Legislature who served in those positions during that regular session or the persons designated as replacements in those positions; and
2. For the period that begins on the day next after the general election until the commencement of the ensuing regular session of the Legislature, the persons designated for those positions for the ensuing session.
Sec. 3. 1. A Legislator who is elected to the Assembly or the Senate who has not previously served in either House of the Legislature shall attend the training required pursuant to this section unless his or her attendance is excused pursuant to subsection 6.
2. A member of the Assembly who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Speaker of the Assembly. A member of the Senate who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Majority Leader of the Senate.
3. The training required pursuant to this section must be recorded electronically and include:
(a) Legislative procedure and protocol;
(b) Overviews of the state budget and the budgetary process;
(c) Briefings on policy issues relevant to the State; and
κ2011 Statutes of Nevada, Page 1674 (CHAPTER 303, AB 260)κ
(d) Such other matters as are deemed appropriate by the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly and the Minority Leader of the Senate for their respective Houses.
4. The Director of the Legislative Counsel Bureau shall provide staff support for the training required pursuant to this section.
5. The training required pursuant to this section must not exceed a total of 10 days and must be conducted between the day next after the general election and the commencement of the ensuing regular session of the Legislature. The dates for the training must be determined by the Speaker of the Assembly and the Majority Leader of the Senate and posted on the public website of the Nevada Legislature on an Internet website not later than 90 days before the first day on which training will be conducted.
6. The Speaker of the Assembly or the Majority Leader of the Senate may excuse a Legislator from attending a training session otherwise required pursuant to this section in case of illness, injury, emergency, employment or other good cause as determined by the Speaker or Majority Leader.
7. The Director of the Legislative Counsel Bureau shall provide an electronic copy of a training session and a form for attesting completion of the training session to any Legislator who was unable to attend the training session. To successfully complete the training required pursuant to this section, such a Legislator must view the training session electronically and submit the attestation to the Director of the Legislative Counsel Bureau.
8. The Director of the Legislative Counsel Bureau shall issue a Certificate of Graduation from the Legislative Training Academy to each Legislator who successfully completes the training required pursuant to this section.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 218A.635 is hereby amended to read as follows:
218A.635 1. Except as otherwise provided in subsections 2 and 4, each Senator, Assemblywoman and Assemblyman is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session, and the per diem allowance and travel expenses provided by law, for each day of attendance at a presession orientation conference or a training session conducted pursuant to section 3 of this act or at a conference, meeting, seminar or other gathering at which the Legislator officially represents the State of Nevada or its Legislature.
2. A nonreturning Legislator must not be paid the compensation or per diem allowance and travel expenses provided in subsection 1 for attendance at a conference, meeting, seminar or other gathering unless:
(a) It is conducted by a statutory committee or a committee of the Legislature and the Legislator is a member of that committee; or
(b) The Majority Leader of the Senate or Speaker of the Assembly designates the Legislator to attend because of the Legislators knowledge or expertise.
3. For the purposes of this section, nonreturning Legislator means a Legislator who, in the year that the Legislators term of office expires:
κ2011 Statutes of Nevada, Page 1675 (CHAPTER 303, AB 260)κ
(a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a Senator, Assemblywoman or Assemblyman;
(b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or
(c) Has withdrawn as a candidate for the Senate or the Assembly.
4. This section does not apply:
(a) During a regular or special session of the Legislature; or
(b) To any Senator, Assemblywoman or Assemblyman who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.
Sec. 6. NRS 218A.640 is hereby amended to read as follows:
218A.640 A Legislator who attends and is compensated for attending a:
1. Session or presession orientation conference of the Legislature [;] or a training session conducted pursuant to section 3 of this act;
2. Meeting of an interim legislative committee; or
3. Meeting of the Legislative Commission or its Audit Subcommittee,
Κ is not entitled to receive an additional days salary or compensation for any other such meeting or conference the Legislator attends in that day.
Sec. 7. NRS 218A.645 is hereby amended to read as follows:
218A.645 1. The per diem expense allowance and the travel and telephone expenses of Senators, Assemblymen and Assemblywomen elected or appointed and in attendance at any session or presession orientation conference of the Legislature or training session conducted pursuant to section 3 of this act must be allowed in the manner set forth in this section.
2. For initial travel from the Legislators home to Carson City, Nevada, to attend a session or presession orientation conference of the Legislature [,] or a training session conducted pursuant to section 3 of this act, and for return travel from Carson City, Nevada, to the Legislators home upon adjournment sine die of a session or termination of a presession orientation conference of the Legislature [,] or termination of a training session conducted pursuant to section 3 of this act, each Senator, Assemblyman and Assemblywoman is entitled to receive:
(a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for 1 days travel to and 1 days travel from the session , training session or conference.
(b) Travel expenses.
3. In addition to the per diem and travel expenses authorized by subsection 2, each Senator, Assemblyman and Assemblywoman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $10,000 during each regular session of the Legislature for:
(1) The Legislators actual expenses in moving to and from Carson City for the session;
(2) Travel to and from the Legislators home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business;
(3) If the Legislator rents furniture for the Legislators temporary residence rather than moving similar furniture from the Legislators home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from the Legislators home; and
κ2011 Statutes of Nevada, Page 1676 (CHAPTER 303, AB 260)κ
(4) If:
(I) The Legislators home is more than 50 miles from Carson City; and
(II) The Legislator maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for occupancy during a regular legislative session,
Κ the cost of such additional housing, paid at the end of each month during the legislative session, beginning the month of the first day of the legislative session and ending the month of the adjournment sine die of the legislative session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that the Legislator actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the legislative session or after the day of the adjournment sine die of the legislative session may not be counted as a day for which the Legislator actually maintained such temporary quarters; and
(b) A total of $1,200 during each special session of the Legislature for travel to and from the Legislators home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business.
4. Each Senator, Assemblyman and Assemblywoman is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for each day that the Legislature is in session or in a presession orientation conference [,] or a training session conducted pursuant to section 3 of this act, and for each day that the Legislator attends a meeting of a standing committee of which the Legislator is a member when the Legislature has adjourned for more than 4 days.
5. Each Senator, Assemblyman and Assemblywoman who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The Legislature has adjourned until a time certain; and
(b) The Senator, Assemblyman or Assemblywoman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each Senator, Assemblyman and Assemblywoman who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:
κ2011 Statutes of Nevada, Page 1677 (CHAPTER 303, AB 260)κ
(a) The Legislature has adjourned for more than 4 days; and
(b) The Senator, Assemblyman or Assemblywoman must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting.
7. Each Senator, Assemblyman and Assemblywoman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:
(a) The Legislature has adjourned for more than 4 days; and
(b) The Senator, Assemblyman or Assemblywoman must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting,
Κ if the Senator, Assemblyman or Assemblywoman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.
8. Each Senator, Assemblyman and Assemblywoman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by the Legislator in the performance of official business during each regular session of the Legislature and not more than $300 during each special session of the Legislature.
9. An employee of the Legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem allowance provided for state officers and employees generally if the employee is required to attend a hearing of the committee outside Carson City.
10. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference [.] or a training session conducted pursuant to section 3 of this act.
11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the Senator, Assemblyman or Assemblywoman submits a signed statement affirming:
(a) The date of the travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
12. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more Legislators travel in the same private conveyance, the Legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended.
Κ Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
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κ2011 Statutes of Nevada, Page 1678κ
Assembly Bill No. 291Assemblymen Horne; Aizley, Atkinson, Bustamante Adams, Carlton, Carrillo, Daly, Dondero Loop, Frierson, Goicoechea, Hogan, Livermore, Mastroluca, Munford, Pierce and Segerblom
CHAPTER 304
[Approved: June 10, 2011]
AN ACT relating to estates; making certain agreements between an heir finder and an apparent heir relating to the recovery of property in an estate void and unenforceable under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill provides that an agreement between an heir finder and an apparent heir relating to the recovery of property in an estate for which the public administrator petitioned for letters of administration is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 139 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or assist in the recovery of an estate for which the public administrator has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter.
2. As used in this section, heir finder means a person who, for payment of a fee, assignment of a portion of any interest in a decedents estate or other consideration, provides information, assistance, forensic genealogy research or other efforts related to another persons right to or interest in a decedents estate. The term does not include:
(a) A person acting in the capacity of a personal representative or guardian ad litem;
(b) A person appointed to perform services by a probate court in which a proceeding in connection with a decedents estate is pending; or
(c) An attorney providing legal services to a decedents family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family members interest in the decedents estate.
Sec. 2. The provisions of this act apply to agreements described in section 1 of this act that are entered into on or after July 1, 2011.
Sec. 3. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1679κ
Assembly Bill No. 242Assemblymen Kirkpatrick, Smith, Oceguera, Conklin and Atkinson
CHAPTER 305
[Approved: June 10, 2011]
AN ACT relating to state financial administration; requiring each designated organization that receives money from the Department of Health and Human Services to make available certain information to the public and to make reports biannually to the Department; requiring the Department to submit those reports to the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain governmental entities to report quarterly to the Interim Finance Committee regarding the taxes and fees that were legally due to be paid to the governmental entity, the taxes and fees that the governmental entity was actually able to collect, and the taxes and fees that the governmental entity failed to collect or otherwise did not collect. (Chapter 238, Statutes of Nevada 2009, pp. 970-71) This bill requires each designated organization that receives money from the Department of Health and Human Services in the form of a donation, gift, grant or other conveyance to: (1) make certain information concerning the organization available on an Internet website; and (2) make certain reports to the Department every 6 months for the period commencing on July 1, 2011, and ending on June 30, 2013. This bill requires the Department to provide copies of those reports to the Director of the Legislative Counsel Bureau. This bill defines the term designated organization for the purposes of the bill to mean: (1) a nonprofit organization that qualifies for tax-exempt status under 26 U.S.C. § 501(c); or (2) any entity which receives money by way of a grant, contract or similar agreement for the purpose of providing to persons services that are within the purview of the Department, and which is created by or pursuant to an interlocal agreement. The provisions of this bill sunset on July 31, 2013.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. 1. If a designated organization receives money from the Department in the form of a donation, gift, grant or other conveyance, the following information must be included on the Internet website of the designated organization or, if the organization does not have a website, on the website of the Department:
(a) The names and terms of the persons on the board of directors or other governing body of the designated organization;
(b) The most recent annual report of the designated organization; and
(c) The mission statement or other statement of purpose of the designated organization.
κ2011 Statutes of Nevada, Page 1680 (CHAPTER 305, AB 242)κ
2. For a period of 2 years commencing on July 1, 2011, and ending on June 30, 2013, the Department shall require, as part of any grant, contract or similar agreement pursuant to which a designated organization provides to persons services that are within the purview of the Department, that the designated organization submit a report to the Department once every 6 months. Such reports must:
(a) Be submitted to the Department within 30 days after the end of each 6-month period; and
(b) At a minimum, contain the following information:
(1) The amount of money that the designated organization received from the Department during the immediately preceding 6-month period;
(2) The number of persons served pursuant to the grant, contract or similar agreement;
(3) A description of the services provided pursuant to the grant, contract or similar agreement; and
(4) Any other information deemed appropriate by the Department.
3. The Department shall submit copies of the reports described in subsection 2, in electronic format, to the Director of the Legislative Counsel Bureau.
4. As used in this section:
(a) Department means the Department of Health and Human Services created by NRS 232.300.
(b) Designated organization means:
(1) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c); or
(2) Any other entity that:
(I) Receives money by way of a grant, contract or similar agreement for the purpose of providing to persons services that are within the purview of the Department, including, without limitation, domestic violence prevention and assistance, and treatment for mental health issues and substance abuse; and
(II) Is created by or pursuant to an interlocal agreement.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 8. This act becomes effective upon passage and approval and expires by limitation on July 31, 2013.
________
κ2011 Statutes of Nevada, Page 1681κ
Assembly Bill No. 388Assemblyman Ohrenschall
CHAPTER 306
[Approved: June 10, 2011]
AN ACT relating to real property; revising provisions governing the exercise of the power of sale under a deed of trust concerning owner-occupied real property; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the trustee under a deed of trust concerning owner-occupied housing has the power to sell the property to which the deed of trust applies, subject to certain restrictions. (NRS 107.080, 107.085, 107.086) One such restriction: (1) requires the trustee under the deed of trust to include a form to request mediation with the notice of default and election to sell which is mailed to the grantor of the deed of trust or the person who holds the title of record; and (2) authorizes the grantor of the deed of trust or the person who holds the title of record to request mediation under rules adopted by the Supreme Court. (NRS 107.086) Section 20.7 of this bill requires the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record to include a notice provided by the entity designated to administer the Foreclosure Mediation Program which states that the grantor or the person who holds the title of record has a right to seek foreclosure mediation in the Foreclosure Mediation Program.
Under existing law, another restriction on the exercise of the trustees power of sale prohibits the trustee from exercising the power of sale unless, not later than 60 days before the date of the sale, the trustee causes a notice to be served on the grantor or the person who holds the title of record which contains the telephone numbers of certain agencies which may provide assistance to the grantor or the person who holds the title of record. (NRS 107.085) Section 20.3 of this bill amends this notice to include: (1) a statement that the person receiving the notice may have a right to participate in the State of Nevada Foreclosure Mediation Program if the time to request mediation has not expired; (2) the telephone number of the State of Nevada Foreclosure Mediation Program; and (3) the telephone number of the Division of Mortgage Lending of the Department of Business and Industry.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-20. (Deleted by amendment.)
Sec. 20.3. NRS 107.085 is hereby amended to read as follows:
107.085 1. With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the provisions of this section apply to the exercise of a power of sale pursuant to NRS 107.080 only if:
(a) The trust agreement becomes effective on or after October 1, 2003, and, on the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, [15 U.S.C. § 1602(aa),] 15 U.S.C. § 1602(bb) and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32; or
(b) The trust agreement concerns owner-occupied housing as defined in NRS 107.086.
κ2011 Statutes of Nevada, Page 1682 (CHAPTER 306, AB 388)κ
2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless:
(a) In the manner required by subsection 3, not later than 60 days before the date of the sale, the trustee causes to be served upon the grantor or the person who holds the title of record a notice in the form described in subsection 3; and
(b) If an action is filed in a court of competent jurisdiction claiming an unfair lending practice in connection with the trust agreement, the date of the sale is not less than 30 days after the date the most recent such action is filed.
3. The notice described in subsection 2 must be:
(a) Served upon the grantor or the person who holds the title of record:
(1) Except as otherwise provided in subparagraph (2), by personal service or, if personal service cannot be timely effected, in such other manner as a court determines is reasonably calculated to afford notice to the grantor or the person who holds the title of record; or
(2) If the trust agreement concerns owner-occupied housing as defined in NRS 107.086:
(I) By personal service;
(II) If the grantor or the person who holds the title of record is absent from his or her place of residence or from his or her usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the grantor or the person who holds the title of record at his or her place of residence or place of business; or
(III) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the trust property, delivering a copy to a person there residing if the person can be found and mailing a copy to the grantor or the person who holds the title of record at the place where the trust property is situated; and
(b) In substantially the following form, with the applicable telephone numbers and mailing addresses provided on the notice and, except as otherwise provided in subsection 4, a copy of the promissory note attached to the notice:
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME!
YOU MAY HAVE A RIGHT TO PARTICIPATE IN THE STATE OF NEVADA FORECLOSURE MEDIATION PROGRAM IF THE TIME TO REQUEST MEDIATION HAS NOT EXPIRED!
Your home loan is being foreclosed. In not less than 60 days your home [will] may be sold and you [will] may be forced to move. For help, call:
State of Nevada Foreclosure Mediation Program _______________
Consumer Credit Counseling _______________
The Attorney General __________________
The Division of Mortgage Lending _______________
The Division of Financial Institutions ________________
Legal Services ______________________
Your Lender ___________________
Nevada Fair Housing Center ________________
κ2011 Statutes of Nevada, Page 1683 (CHAPTER 306, AB 388)κ
4. The trustee shall cause all social security numbers to be redacted from the copy of the promissory note before it is attached to the notice pursuant to paragraph (b) of subsection 3.
5. This section does not prohibit a judicial foreclosure.
6. As used in this section, unfair lending practice means an unfair lending practice described in NRS 598D.010 to 598D.150, inclusive.
Sec. 20.7. NRS 107.086 is hereby amended to read as follows:
107.086 1. In addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement which concerns owner-occupied housing is subject to the provisions of this section.
2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:
(a) Includes with the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:
(1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;
(2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development; [and]
(3) A notice provided by the Mediation Administrator indicating that the grantor or the person who holds the title of record has the right to seek mediation pursuant to this section; and
(4) A form upon which the grantor or the person who holds the title of record may indicate an election to enter into mediation or to waive mediation pursuant to this section and one envelope addressed to the trustee and one envelope addressed to the Mediation Administrator, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;
(b) Serves a copy of the notice upon the Mediation Administrator; and
(c) Causes to be recorded in the office of the recorder of the county in which the trust property, or some part thereof, is situated:
(1) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 3 or 6 which provides that no mediation is required in the matter; or
(2) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 7 which provides that mediation has been completed in the matter.
3. The grantor or the person who holds the title of record shall, not later than 30 days after service of the notice in the manner required by NRS 107.080, complete the form required by subparagraph [(3)] (4) of paragraph (a) of subsection 2 and return the form to the trustee by certified mail, return receipt requested. If the grantor or the person who holds the title of record indicates on the form an election to enter into mediation, the trustee shall notify the beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the election of the grantor or the person who holds the title of record to enter into mediation and file the form with the Mediation Administrator, who shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation.
κ2011 Statutes of Nevada, Page 1684 (CHAPTER 306, AB 388)κ
master or other designee and schedule the matter for mediation. No further action may be taken to exercise the power of sale until the completion of the mediation. If the grantor or the person who holds the title of record indicates on the form an election to waive mediation or fails to return the form to the trustee as required by this subsection, the trustee shall execute an affidavit attesting to that fact under penalty of perjury and serve a copy of the affidavit, together with the waiver of mediation by the grantor or the person who holds the title of record, or proof of service on the grantor or the person who holds the title of record of the notice required by subsection 2 of this section and subsection 3 of NRS 107.080, upon the Mediation Administrator. Upon receipt of the affidavit and the waiver or proof of service, the Mediation Administrator shall provide to the trustee a certificate which provides that no mediation is required in the matter.
4. Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 8. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or a representative shall attend the mediation if the grantor elected to enter into mediation, or the person who holds the title of record or a representative shall attend the mediation if the person who holds the title of record elected to enter into mediation. The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note and each assignment of the deed of trust or mortgage note. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.
5. If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection 4 or does not have the authority or access to a person with the authority required by subsection 4, the mediator shall prepare and submit to the Mediation Administrator a petition and recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.
6. If the grantor or the person who holds the title of record elected to enter into mediation and fails to attend the mediation, the Mediation Administrator shall provide to the trustee a certificate which states that no mediation is required in the matter.
7. If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the Mediation Administrator a recommendation that the matter be terminated. The Mediation Administrator shall provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.
κ2011 Statutes of Nevada, Page 1685 (CHAPTER 306, AB 388)κ
8. The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:
(a) Designating an entity to serve as the Mediation Administrator pursuant to this section. The entities that may be so designated include, without limitation, the Administrative Office of the Courts, the district court of the county in which the property is situated or any other judicial entity.
(b) Ensuring that mediations occur in an orderly and timely manner.
(c) Requiring each party to a mediation to provide such information as the mediator determines necessary.
(d) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.
(e) Establishing a total fee of not more than $400 that may be charged and collected by the Mediation Administrator for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation.
9. Except as otherwise provided in subsection 11, the provisions of this section do not apply if:
(a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or
(b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.
10. A noncommercial lender is not excluded from the application of this section.
11. The Mediation Administrator and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
12. As used in this section:
(a) Mediation Administrator means the entity so designated pursuant to subsection 8.
(b) Noncommercial lender means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 or 56 of NRS.
(c) Owner-occupied housing means housing that is occupied by an owner as the owners primary residence. The term does not include any time share or other property regulated under chapter 119A of NRS.
Secs. 21 and 22. (Deleted by amendment.)
Sec. 23. The amendatory provisions of this act apply only with respect to trust agreements for which a notice of default is recorded on or after July 1, 2011.
Sec. 24. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1686κ
Assembly Bill No. 471Committee on Government Affairs
CHAPTER 307
[Approved: June 10, 2011]
AN ACT relating to local government financial administration; limiting the authority of a governing body of a local government to loan or transfer money from an enterprise fund and to increase fees imposed for the purpose of an enterprise fund; requiring certain reports from the Committee on Local Government Finance; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Local Government Budget and Finance Act authorizes the governing body of a local government to establish certain funds, including an enterprise fund to account for operations which are financed and conducted in a manner similar to the operations of a private business, where the intent of the governing body is to have the expenses of providing goods or services to the general public financed through charges imposed on users. (NRS 354.470-354.626) Section 1 of this bill allows a governing body of a local government to loan or transfer money from an enterprise fund only if the loan or transfer is made: (1) as a medium-term obligation in compliance with certain requirements; (2) to pay the expenses of the pertinent enterprise; (3) for a cost allocation for employees, equipment or other resources; or (4) upon the dissolution of the fund. In addition, section 1 allows such a governing body to increase the amount of the fees imposed for the purpose for which an enterprise fund was created only if the fees are used for certain specified purposes or the governing body determines that: (1) the increase is not prohibited by law; (2) the increase is necessary for the pertinent enterprise; and (3) all fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected. Furthermore, section 1 requires the Committee on Local Government Finance to submit biennial reports to the Legislature regarding compliance with the requirements of that section. Section 9 of this bill provides that any officer or employee of a local government who violates section 1 is guilty of a misdemeanor and upon conviction ceases to hold his or her office or employment.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:
(a) In accordance with a medium-term obligation issued by the recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:
(1) The money is repaid in full to the enterprise fund within 5 years; or
κ2011 Statutes of Nevada, Page 1687 (CHAPTER 307, AB 471)κ
(2) If the recipient will be unable to repay the money in full to the enterprise fund within 5 years, the recipient notifies the Committee on Local Government Finance of:
(I) The total amount of the loan or transfer;
(II) The purpose of the loan or transfer;
(III) The date of the loan or transfer; and
(IV) The estimated date that the money will be repaid in full to the enterprise fund;
(b) To pay the expenses related to the purpose for which the enterprise fund was created;
(c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body; or
(d) Upon the dissolution of the enterprise fund.
2. Except as otherwise provided in this section, the governing body of a local government may increase the amount of any fee imposed for the purpose for which an enterprise fund was created only if the governing body approves the increase under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and the governing body determines that:
(a) The increase is not prohibited by law;
(b) The increase is necessary for the continuation or expansion of the purpose for which the enterprise fund was created; and
(c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.
3. Upon the adoption of an increase in any fee pursuant to subsection 2, the governing body shall, except as otherwise provided in this subsection, provide to the Department of Taxation an executed copy of the action increasing the fee. This requirement does not apply to the governing body of a federally regulated airport.
4. The provisions of subsection 2 do not limit the authority of the governing body of a local government to increase the amount of any fee imposed upon a public utility in compliance with the provisions of NRS 354.59881 to 354.59889, inclusive, for a right-of-way over any public area if the public utility is billed separately for that fee. As used in this subsection, public utility has the meaning ascribed to it in NRS 354.598817.
5. This section must not be construed to:
(a) Prohibit a local government from increasing a fee or using money in an enterprise fund to repay a loan lawfully made to the enterprise fund from another fund of the local government; or
(b) Prohibit or impose any substantive or procedural limitations on any increase of a fee that is necessary to meet the requirements of an instrument that authorizes any bonds or other debt obligations which are secured by or payable from, in whole or in part, money in the enterprise fund or the revenues of the enterprise for which the enterprise fund was created.
6. The Department of Taxation shall provide to the Committee on Local Government Finance a copy of each report submitted to the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015. The Committee shall:
κ2011 Statutes of Nevada, Page 1688 (CHAPTER 307, AB 471)κ
(a) Review each report to determine whether the governing body of the local government is in compliance with the provisions of this section; and
(b) On or before January 15 of each odd-numbered year, submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
7. A fee increase imposed in violation of this section must not be invalidated on the basis of that violation. The sole remedy for a violation of this section is the penalty provided in NRS 354.626. Any person who pays a fee for the enterprise for which the enterprise fund is created may file a complaint with the district attorney or Attorney General alleging a violation of this section for prosecution pursuant to NRS 354.626.
8. For the purposes of paragraph (c) of subsection 1, the Committee on Local Government Finance shall adopt regulations setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund. The regulations must require that:
(a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local government among all activities of the local government, including the activities funded by the enterprise fund; and
(b) Only the enterprise funds equitable share of those expenses may be treated as expenses of the enterprise fund and allocated to it pursuant to paragraph (c) of subsection 1.
9. Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the fiscal year beginning on July 1, 2011, the provisions of subsection 1 do not apply until July 1, 2021, to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
(a) Does not increase the amount of the transfers to subsidize the general fund in any fiscal year beginning on or after July 1, 2011, above the amount transferred in the fiscal year ending on June 30, 2011, except for loans and transfers that comply with the provisions of subsection 1; and
(b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.
10. On or before July 1, 2012, a local government to which the provisions of subsection 9 apply shall adopt a plan to eliminate, on or before the fiscal year beginning on July 1, 2021, all transfers from any enterprise funds to subsidize the general fund that are not made in compliance with subsection 1. A copy of the plan must be filed with the Department of Taxation on or before July 15, 2012.
11. On and after July 1, 2012, the provisions of subsection 9 do not apply to a local government that fails to comply with the provisions of subsection 10.
Sec. 2. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 1 of this act may be cited as the Local Government Budget and Finance Act.
κ2011 Statutes of Nevada, Page 1689 (CHAPTER 307, AB 471)κ
Sec. 3. NRS 354.472 is hereby amended to read as follows:
354.472 1. The purposes of NRS 354.470 to 354.626, inclusive, and section 1 of this act are:
(a) To establish standard methods and procedures for the preparation, presentation, adoption and administration of budgets of all local governments.
(b) To enable local governments to make financial plans for programs of both current and capital expenditures and to formulate fiscal policies to accomplish these programs.
(c) To provide for estimation and determination of revenues, expenditures and tax levies.
(d) To provide for the control of revenues, expenditures and expenses in order to promote prudence and efficiency in the expenditure of public money.
(e) To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.
2. For the accomplishment of these purposes, the provisions of NRS 354.470 to 354.626, inclusive, and section 1 of this act must be broadly and liberally construed.
Sec. 4. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, and section 1 of this act apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive [:] , and section 1 of this act:
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
(b) Local government does not include the Nevada Rural Housing Authority.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 1 of this act, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 1 of this act in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, and section 1 of this act for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.
κ2011 Statutes of Nevada, Page 1690 (CHAPTER 307, AB 471)κ
Sec. 5. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.479 to 354.578, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. NRS 354.524 is hereby amended to read as follows:
354.524 Final budget means the budget which has been adopted by a local governing body or adopted by default as defined by NRS 354.470 to 354.626, inclusive, and section 1 of this act and which has been determined by the Department of Taxation to be in compliance with applicable statutes and regulations.
Sec. 7. NRS 354.594 is hereby amended to read as follows:
354.594 The Committee on Local Government Finance shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive [.] , and section 1 of this act.
Sec. 8. NRS 354.6241 is hereby amended to read as follows:
354.6241 1. The statement required by paragraph (a) of subsection 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:
(a) Whether the fund is being used in accordance with the provisions of this chapter.
(b) Whether the fund is being administered in accordance with generally accepted accounting procedures.
(c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.
(d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.
(e) The statutory and regulatory requirements applicable to the fund.
(f) The balance and retained earnings of the fund.
2. Except as otherwise provided in NRS 354.59891 [,] and section 1 of this act, to the extent that the reserve in any fund set forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.
Sec. 9. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, and section 1 of this act is guilty of a misdemeanor and upon conviction thereof ceases to hold his or her office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.
κ2011 Statutes of Nevada, Page 1691 (CHAPTER 307, AB 471)κ
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:
(1) Any election required for the approval of the bonds or installment-purchase agreement has been held;
(2) Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and
(3) The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.
Κ Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.
(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.
(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.
(k) The receipt by a local government of increased revenue that:
(1) Was not anticipated in the preparation of the final budget of the local government; and
(2) Is required by statute to be remitted to another governmental entity.
(l) An agreement authorized pursuant to NRS 277A.370.
κ2011 Statutes of Nevada, Page 1692 (CHAPTER 307, AB 471)κ
Sec. 10. Section 1 of this act is hereby amended to read as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:
(a) In accordance with a medium-term obligation issued by the recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:
(1) The money is repaid in full to the enterprise fund within 5 years; or
(2) If the recipient will be unable to repay the money in full to the enterprise fund within 5 years, the recipient notifies the Committee on Local Government Finance of:
(I) The total amount of the loan or transfer;
(II) The purpose of the loan or transfer;
(III) The date of the loan or transfer; and
(IV) The estimated date that the money will be repaid in full to the enterprise fund;
(b) To pay the expenses related to the purpose for which the enterprise fund was created;
(c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body; or
(d) Upon the dissolution of the enterprise fund.
2. Except as otherwise provided in this section, the governing body of a local government may increase the amount of any fee imposed for the purpose for which an enterprise fund was created only if the governing body approves the increase under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and the governing body determines that:
(a) The increase is not prohibited by law;
(b) The increase is necessary for the continuation or expansion of the purpose for which the enterprise fund was created; and
(c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.
3. Upon the adoption of an increase in any fee pursuant to subsection 2, the governing body shall, except as otherwise provided in this subsection, provide to the Department of Taxation an executed copy of the action increasing the fee. This requirement does not apply to the governing body of a federally regulated airport.
4. The provisions of subsection 2 do not limit the authority of the governing body of a local government to increase the amount of any fee imposed upon a public utility in compliance with the provisions of NRS 354.59881 to 354.59889, inclusive, for a right-of-way over any public area if the public utility is billed separately for that fee.
κ2011 Statutes of Nevada, Page 1693 (CHAPTER 307, AB 471)κ
provisions of NRS 354.59881 to 354.59889, inclusive, for a right-of-way over any public area if the public utility is billed separately for that fee. As used in this subsection, public utility has the meaning ascribed to it in NRS 354.598817.
5. This section must not be construed to:
(a) Prohibit a local government from increasing a fee or using money in an enterprise fund to repay a loan lawfully made to the enterprise fund from another fund of the local government; or
(b) Prohibit or impose any substantive or procedural limitations on any increase of a fee that is necessary to meet the requirements of an instrument that authorizes any bonds or other debt obligations which are secured by or payable from, in whole or in part, money in the enterprise fund or the revenues of the enterprise for which the enterprise fund was created.
6. The Department of Taxation shall provide to the Committee on Local Government Finance a copy of each report submitted to the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015. The Committee shall:
(a) Review each report to determine whether the governing body of the local government is in compliance with the provisions of this section; and
(b) On or before January 15 of each odd-numbered year, submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
7. A fee increase imposed in violation of this section must not be invalidated on the basis of that violation. The sole remedy for a violation of this section is the penalty provided in NRS 354.626. Any person who pays a fee for the enterprise for which the enterprise fund is created may file a complaint with the district attorney or Attorney General alleging a violation of this section for prosecution pursuant to NRS 354.626.
8. For the purposes of paragraph (c) of subsection 1, the Committee on Local Government Finance shall adopt regulations setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund. The regulations must require that:
(a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local government among all activities of the local government, including the activities funded by the enterprise fund; and
(b) Only the enterprise funds equitable share of those expenses may be treated as expenses of the enterprise fund and allocated to it pursuant to paragraph (c) of subsection 1.
[9. Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the fiscal year beginning on July 1, 2011, the provisions of subsection 1 do not apply until July 1, 2021, to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
κ2011 Statutes of Nevada, Page 1694 (CHAPTER 307, AB 471)κ
(a) Does not increase the amount of the transfers to subsidize the general fund in any fiscal year beginning on or after July 1, 2011, above the amount transferred in the fiscal year ending on June 30, 2011, except for loans and transfers that comply with the provisions of subsection 1; and
(b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.
10. On or before July 1, 2012, a local government to which the provisions of subsection 9 apply shall adopt a plan to eliminate, on or before the fiscal year beginning on July 1, 2021, all transfers from any enterprise funds to subsidize the general fund that are not made in compliance with subsection 1. A copy of the plan must be filed with the Department of Taxation on or before July 15, 2012.
11. On and after July 1, 2012, the provisions of subsection 9 do not apply to a local government that fails to comply with the provisions of subsection 10.]
Sec. 11. Section 3.130 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1409, is hereby amended to read as follows:
Sec. 3.130 Department of Financial Management: Director; qualifications; duties.
1. The City Council shall establish a Department of Financial Management, the head of which is the Director of Financial Management. The Department of Financial Management may also include such other qualified personnel as the City Manager determines are necessary properly to handle the financial matters of the City.
2. The Director of Financial Management:
(a) Must have knowledge of municipal accounting and taxation.
(b) Must have experience in budgeting and financial control.
(c) Has charge of the administration of the financial affairs of the City.
(d) Must provide a surety bond in the amount which is fixed by the City Council.
(e) Shall perform or cause to be performed on behalf of the City all of the duties and responsibilities which are imposed upon the City by NRS 354.470 to 354.626, inclusive [.] , and section 1 of this act.
3. The City Council may establish by ordinance such regulations as it deems are necessary for the proper conduct of the Department of Financial Management and its officers and employees.
Sec. 12. The Committee on Local Government Finance shall, on or before January 1, 2012, adopt such regulations as the Committee determines to be necessary to carry out the provisions of subsection 8 of section 1 of this act.
Sec. 13. 1. This section and sections 1 to 9, inclusive, 11 and 12 of this act become effective on July 1, 2011.
2. Section 10 of this act becomes effective on July 1, 2021.
________
κ2011 Statutes of Nevada, Page 1695κ
Assembly Bill No. 337Assemblyman Daly
CHAPTER 308
[Approved: June 10, 2011]
AN ACT relating to campaign practices; requiring a notice of an alleged violation of provisions governing campaign practices to include certain information; requiring the Secretary of State to provide a copy of the notice and any accompanying information to the person alleged in the notice to have committed the violation; authorizing the person to respond to such a notice; authorizing the Secretary of State to conduct an investigation based on such a notice in certain circumstances; authorizing the Secretary of State or a designated officer or employee of the Secretary of State to subpoena witnesses and require the production of documents or records by subpoena when conducting an investigation based on such a notice in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law confers authority upon the Secretary of State to conduct investigations concerning alleged violations of chapter 294A of NRS governing campaign practices. Existing law also authorizes a person who believes that any provision of that chapter has been violated to notify the Secretary of State in writing. The notice must be signed by the person and include any information in support of the alleged violation. (NRS 294A.410) This bill specifies the information that must be included in the notice and requires the Secretary of State to provide a copy of the notice and any accompanying information to the person, if any, alleged in the notice to have committed the violation. If, based on such a notice, the Secretary of State determines that reasonable suspicion exists that a violation has occurred, the Secretary of State is authorized to investigate the allegation. This bill further provides that, if the notice is received within 180 days after the general election, general city election or special election for the office or ballot question to which the notice pertains, the Secretary of State is authorized, when conducting an investigation based on the notice, to subpoena witnesses and require the production by subpoena of any books, papers, correspondence, memoranda, agreements or other documents or records in the possession of any person: (1) alleged in the notice to have committed the violation; or (2) who the Secretary of State or a designated officer or employee of the Secretary of State has reasonable cause to believe produced or disseminated the materials that are the subject of the notice, if the Secretary of State or a designated officer or employee of the Secretary of State determines that the documents or records are relevant or material to the investigation. Finally, this bill authorizes the Secretary of State or a designated officer or employee of the Secretary of State to apply to a court for an order compelling compliance if a person fails to testify or produce the required documents or records.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 294A.410 is hereby amended to read as follows:
294A.410 1. If it appears that the provisions of this chapter have been violated, the Secretary of State may:
κ2011 Statutes of Nevada, Page 1696 (CHAPTER 308, AB 337)κ
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or
(b) Refer the alleged violation to the Attorney General. The Attorney General shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the First Judicial District Court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the Secretary of State, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include [any] :
(a) The full name and address of the person alleging the violation;
(b) A clear and concise statement of facts sufficient to establish that the alleged violation occurred;
(c) Any evidence substantiating the alleged violation;
(d) A certification by the person alleging the violation that the facts alleged in the notice are true to the best knowledge and belief of that person; and
(e) Any other information in support of the alleged violation.
3. As soon as practicable after receiving a notice of an alleged violation pursuant to subsection 2, the Secretary of State shall provide a copy of the notice and any accompanying information to the person, if any, alleged in the notice to have committed the violation. Any response submitted to the notice must be accompanied by a short statement of the grounds, if any, for objecting to the alleged violation and include any evidence substantiating the objection.
4. If the Secretary of State determines, based on a notice of an alleged violation received pursuant to subsection 2, that reasonable suspicion exists that a violation of this chapter has occurred, the Secretary of State may conduct an investigation of the alleged violation.
5. If a notice of an alleged violation is received pursuant to subsection 2 not later than 180 days after the general election, general city election or special election for the office or ballot question to which the notice pertains, the Secretary of State, when conducting an investigation of the alleged violation pursuant to subsection 4, may subpoena witnesses and require the production by subpoena of any books, papers, correspondence, memoranda, agreements or other documents or records that the Secretary of State or a designated officer or employee of the Secretary of State determines are relevant or material to the investigation and are in the possession of:
(a) Any person alleged in the notice to have committed the violation; or
(b) If the notice does not include the name of a person alleged to have committed the violation, any person who the Secretary of State or a designated officer or employee of the Secretary of State has reasonable cause to believe produced or disseminated the materials that are the subject of the notice.
6. If a person fails to testify or produce any documents or records in accordance with a subpoena issued pursuant to subsection 5, the Secretary of State or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:
κ2011 Statutes of Nevada, Page 1697 (CHAPTER 308, AB 337)κ
(a) The district court in and for the county where service may be obtained on the person refusing to testify or produce the documents or records, if the person is subject to service of process in this State; or
(b) A court of another state having jurisdiction over the person refusing to testify or produce the documents or records, if the person is not subject to service of process in this State.
________
Assembly Bill No. 452Committee on Legislative Operations and Elections
CHAPTER 309
[Approved: June 10, 2011]
AN ACT relating to governmental administration; requiring the electronic filing of certain campaign contribution and expenditure reports and statements of financial disclosure; amending the deadlines for filing certain campaign contribution and expenditure reports; requiring candidates to report certain contributions and expenditures in the aggregate on campaign contribution and expenditure reports; requiring candidates to report the disposal of certain unspent campaign contributions in the aggregate on campaign contribution and expenditure reports; making various other changes relating to campaign finance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 2-20 of this bill provide that, except under certain circumstances, campaign contribution and expenditure reports related to candidates for state, county, city and district offices must be filed electronically with the Secretary of State. Sections 4, 7-11 and 16 also revise the deadlines for filing such reports.
Existing law requires a candidate to report on his or her campaign contribution and expenditure report: (1) each campaign contribution in excess of $100 received during the reporting period and contributions received during the period from a contributor which cumulatively exceed $100; (2) each campaign expense incurred, or expenditure made, in excess of $100 during the reporting period; and (3) any unspent campaign contribution that is disposed of during the reporting period in excess of $100. (NRS 294A.120, 294A.125, 294A.200) Sections 4, 5 and 9 of this bill require candidates to report, in the aggregate, contributions, expenses, expenditures or amounts of unspent campaign contributions disposed of which are less than $100.
Existing law requires a candidate, person, committee, political party, group of persons or business entity to sign all campaign contribution and expenditure reports under penalty of perjury. (NRS 294A.120, 249A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283, 294A.286) Sections 2-15, 18 and 23 of this bill authorize a person signing such a report the alternative option of signing under an oath to God but provides that a person who signs a report under an oath to God is subject to the same penalties as if he or she signed the report under penalty of perjury.
Section 18 of this bill requires the Secretary of State to design a form for each campaign contribution and expenditure report rather than requiring the design of a single form for all campaign contribution and expenditure reports in order to accommodate the new electronic filing requirements.
κ2011 Statutes of Nevada, Page 1698 (CHAPTER 309, AB 452)κ
Sections 23-26 and 28-33 of this bill provide that, except under certain circumstances, appointed and elected public officers must file statements of financial disclosure electronically with the Secretary of State rather than the Commission on Ethics.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3, of this act.
Sec. 2. 1. A candidate who is required to file a report described in subsection 1 of NRS 294A.373 is not required to file the report electronically if the candidate:
(a) Did not receive or expend money in excess of $10,000 after becoming a candidate pursuant to NRS 294A.005; and
(b) Has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:
(1) The candidate does not own or have the ability to access the technology necessary to file electronically the report described in subsection 1 of NRS 294A.373; and
(2) The candidate does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the report described in subsection 1 of NRS 294A.373.
2. The affidavit described in subsection 1 must be:
(a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A candidate who signs the affidavit under an oath to God is subject to the same penalties as if the candidate had signed the affidavit under penalty of perjury.
(b) Filed not later than 15 days before the candidate is required to file a report described in subsection 1 of NRS 294A.373.
3. A candidate who is not required to file the report electronically may file the report by transmitting the report by regular mail, certified mail, facsimile machine or personal delivery. A report transmitted pursuant to this subsection shall be deemed to be filed on the date on which it is received by the Secretary of State.
Sec. 3. 1. A person, committee, political party, group of persons or business entity that is required to file a report described in subsection 1 of NRS 294A.373 is not required to file the report electronically if the person, committee, political party, group or business entity:
(a) Did not receive or expend money in excess of $10,000 in the previous calendar year; and
(b) Has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:
(1) The person, committee, political party, group or business entity does not own or have the ability to access the technology necessary to file electronically the report described in subsection 1 of NRS 294A.373; and
(2) The person, committee, political party, group or business entity does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the report described in subsection 1 of NRS 294A.373.
2. The affidavit described in subsection 1 must be:
κ2011 Statutes of Nevada, Page 1699 (CHAPTER 309, AB 452)κ
(a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A person who signs the affidavit under an oath to God is subject to the same penalties as if the person had signed the affidavit under penalty of perjury.
(b) Filed:
(1) At least 15 days before any report described in subsection 1 of NRS 294A.373 is required to be filed by the person, committee, political party, group or business entity.
(2) Not earlier than January 1 and not later than January 15 of each year, regardless of whether or not the person, committee, political party, group or business entity was required to file any report described in subsection 1 of NRS 294A.373 in the previous year.
3. A person, committee, political party, group of persons or business entity that has properly filed the affidavit pursuant to this section may file the relevant report with the Secretary of State by transmitting the report by regular mail, certified mail, facsimile machine or personal delivery. A report transmitted pursuant to this subsection shall be deemed to be filed on the date on which it is received by the Secretary of State.
Sec. 4. NRS 294A.120 is hereby amended to read as follows:
294A.120 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report [each] :
(a) Each campaign contribution in excess of $100 received during the period [and contributions] ;
(b) Contributions received during the period from a contributor which cumulatively exceed $100 [.] ; and
(c) The total of all contributions received during the period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b).
Κ The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.
2. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:
(a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election;
(b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general election; and
(c) July 15 of the year of] primary election;
(c) Twenty-one days before the general election for that office, for the period from [11] 4 days before the [general] primary election through [June 30 of that year,] 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each campaign contribution [in excess of $100] described in subsection 1 received during the period . [and contributions received during the period from a contributor which cumulatively exceed $100.]
κ2011 Statutes of Nevada, Page 1700 (CHAPTER 309, AB 452)κ
the period from a contributor which cumulatively exceed $100.] The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election; [and]
(b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general election,] primary election;
(c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each campaign contribution [in excess of $100] described in subsection 1 received during the period . [and contributions received during the period from a contributor which cumulatively exceed $100.] The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
4. Except as otherwise provided in subsection 5, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from the candidates nomination through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each campaign contribution [in excess of $100] described in subsection 1 received during the period . [and contributions received during the reporting period from a contributor which cumulatively exceed $100.] The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
5. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list each of the campaign contributions received on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under an oath to God or penalty of perjury, 30 days after:
κ2011 Statutes of Nevada, Page 1701 (CHAPTER 309, AB 452)κ
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
6. [Reports] Except as otherwise provided in section 2 of this act, reports of campaign contributions must be filed electronically with the [officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means.] Secretary of State.
7. A report shall be deemed to be filed [with the officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
7. Every county clerk who receives from candidates for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to this section shall file a copy of each report with the] Secretary of State . [within 10 working days after receiving the report.]
8. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.
Sec. 5. NRS 294A.125 is hereby amended to read as follows:
294A.125 1. In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held shall, for:
(a) The year in which the candidate receives contributions in excess of $10,000, list [each] :
(1) Each of the contributions received and the expenditures in excess of $100 made in that year [.] ; and
(2) The total of all contributions received and expenditures which are $100 or less.
(b) Each year after the year in which the candidate received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, list [each] :
(1) Each of the contributions received and the expenditures in excess of $100 made in that year [.] ; and
(2) The total of all contributions received and expenditures which are $100 or less.
κ2011 Statutes of Nevada, Page 1702 (CHAPTER 309, AB 452)κ
2. The reports required by subsection 1 must be submitted on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.
4. [The] Except as otherwise provided in section 2 of this act, the report must be filed [:
(a) With the officer with whom the candidate will file the declaration of candidacy or acceptance of candidacy for the public office the candidate intends to seek. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means.] electronically with the Secretary of State.
5. A report shall be deemed to be filed [with the officer:
(1) On the date it was mailed if it was sent by certified mail.
(2) On] on the date it was received by the [officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
(b) On or before January 15 of the year immediately after the year for which the report is made.
5. A county clerk who receives from a candidate for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, a report of contributions and expenditures pursuant to subsection 4 shall file a copy of the report with the] Secretary of State . [within 10 working days after receiving the report.]
Sec. 6. NRS 294A.128 is hereby amended to read as follows:
294A.128 1. In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives a loan which is guaranteed by a third party, forgiveness of a loan previously made to the candidate or a written commitment for a contribution shall, for the period covered by the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360, report:
(a) If a loan received by the candidate was guaranteed by a third party, the amount of the loan and the name and address of each person who guaranteed the loan;
(b) If a loan received by the candidate was forgiven by the person who made the loan, the amount that was forgiven and the name and address of the person who forgave the loan; and
(c) If the candidate received a written commitment for a contribution, the amount committed to be contributed and the name and address of the person who made the written commitment.
2. The reports required by subsection 1 must be submitted on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
κ2011 Statutes of Nevada, Page 1703 (CHAPTER 309, AB 452)κ
3. [The] Except as otherwise provided in section 2 of this act, the reports required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360.
[4. A county clerk who receives from a candidate for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, a report pursuant to subsection 1 shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.]
Sec. 7. NRS 294A.140 is hereby amended to read as follows:
294A.140 1. Every person who is not under the direction or control of a candidate for office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party, committee sponsored by a political party and business entity which makes an expenditure on behalf of such a candidate or group of candidates shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee, political party or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The provisions of this subsection apply to the person, committee, political party or business entity beginning the year of the general election or general city election for that office through the year immediately preceding the next general election or general city election for that office.
2. Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of the candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;
(b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and
(c) July 15 of the year of]
(c) Twenty-one days before the general election or general city election for that office, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [June 30 of that year,] 25 days before the general election or general city election; and
κ2011 Statutes of Nevada, Page 1704 (CHAPTER 309, AB 452)κ
(d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the current reporting period.
4. Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]
(b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;
(c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
κ2011 Statutes of Nevada, Page 1705 (CHAPTER 309, AB 452)κ
5. Except as otherwise provided in subsection 6, every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election or on behalf of a group of such candidates shall, not later than:
(a) Seven days before the special election for the office for which the candidate or a candidate in the group of candidates seeks election, for the period from the nomination of the candidate through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election to determine whether a public officer will be recalled or on behalf of a group of candidates for offices at such special elections shall report each contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
7. [The] Except as otherwise provided in section 3 of this act, the reports of contributions required pursuant to this section must be filed electronically with [:
(a) If the candidate is elected from one county, the county clerk of that county;
(b) If the candidate is elected from one city, the city clerk of that city; or
(c) If the candidate is elected from more than one county or city,] the Secretary of State.
8. [A person or entity may file the report with the appropriate officer by regular mail, certified mail, facsimile machine or electronic means.] A report shall be deemed to be filed [with the officer:
κ2011 Statutes of Nevada, Page 1706 (CHAPTER 309, AB 452)κ
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.
10.] Secretary of State.
9. Every person, committee, political party or business entity described in subsection 1 shall file a report required by this section even if the person, committee, political party or business entity receives no contributions.
Sec. 8. NRS 294A.150 is hereby amended to read as follows:
294A.150 1. Except as otherwise provided in NRS 294A.283, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than January 15 of each year that the provisions of this subsection apply to the person, group of persons or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury. The provisions of this subsection apply to the person, group of persons or business entity:
(a) Each year in which:
(1) An election or city election is held for each question for which the person, group of persons or business entity advocates passage or defeat; or
(2) A person, group of persons or business entity receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election; and
(b) The year after each year described in paragraph (a).
2. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection.
κ2011 Statutes of Nevada, Page 1707 (CHAPTER 309, AB 452)κ
formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;
(b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and
(c) July 15 of the year of]
(c) Twenty-one days before the general election or general city election, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [June 30 of that year,] 25 days before the general election or general city election; and
(d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.
4. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. Except as otherwise provided in NRS 294A.283, if a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection.
κ2011 Statutes of Nevada, Page 1708 (CHAPTER 309, AB 452)κ
of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]
(b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;
(c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5. Except as otherwise provided in subsection 6, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than:
(a) Seven days before the special election, for the period from the date that the question qualified for the ballot through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. Every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall report each of the contributions received on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury, 30 days after:
κ2011 Statutes of Nevada, Page 1709 (CHAPTER 309, AB 452)κ
State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
7. [The] Except as otherwise provided in section 3 of this act, the reports required pursuant to this section must be filed electronically with [:
(a) If the question is submitted to the voters of one county, the county clerk of that county;
(b) If the question is submitted to the voters of one city, the city clerk of that city; or
(c) If the question is submitted to the voters of more than one county or city,] the Secretary of State.
8. [A person may mail or transmit the report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means.] A report shall be deemed to be filed [with the officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.] Secretary of State.
9. If the person or group of persons, including a business entity, is advocating passage or defeat of a group of questions, the reports must be itemized by question or petition.
[10. Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.]
Sec. 9. NRS 294A.200 is hereby amended to read as follows:
294A.200 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report [each] :
(a) Each of the campaign expenses in excess of $100 incurred [and each] during the period;
(b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 during the period;
(c) The total of all campaign expenses incurred during the period which are $100 or less; and
(d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 which are $100 or less,
Κ on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
2. The provisions of [this] subsection 1 apply to the candidate:
κ2011 Statutes of Nevada, Page 1710 (CHAPTER 309, AB 452)κ
(a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and
(b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.
[2.] 3. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:
(a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election;
(b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general] primary election; [and]
(c) [July 15 of the year of] Twenty-one days before the general election for that office, for the period from [11] 4 days before the [general] primary election through [June 30 of that year,] 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each of the campaign expenses [in excess of $100] described in subsection 1 incurred during the period on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury.
[3.] A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
4. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election; [and]
(b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general] primary election [,] ;
(c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and
(d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,
Κ report each of the campaign expenses [in excess of $100] described in subsection 1 incurred during the period on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under an oath to God or penalty of perjury.
κ2011 Statutes of Nevada, Page 1711 (CHAPTER 309, AB 452)κ
[4.] A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
5. Except as otherwise provided in subsection [5,] 6, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from the candidates nomination through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each of the campaign expenses [in excess of $100] described in subsection 1 incurred during the period on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury.
[5.] A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
6. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report each of the campaign expenses [in excess of $100] described in subsection 1 incurred on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
[6.]
Κ A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.
7. [Reports] Except as otherwise provided in section 2 of this act, reports of campaign expenses must be filed electronically with the [officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means.] Secretary of State.
8. A report shall be deemed to be filed [with the officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
7. County clerks who receive from candidates for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to this section shall file a copy of each report with the] Secretary of State . [within 10 working days after receiving the report.]
κ2011 Statutes of Nevada, Page 1712 (CHAPTER 309, AB 452)κ
Sec. 10. NRS 294A.210 is hereby amended to read as follows:
294A.210 1. Every person who is not under the direction or control of a candidate for an office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party, committee sponsored by a political party or business entity which makes an expenditure on behalf of such a candidate or group of candidates shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee, political party or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury. The provisions of this subsection apply to the person, committee, political party or business entity beginning the year of the general election or general city election for that office through the year immediately preceding the next general election or general city election for that office.
2. Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;
(b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and]
(c) [July 15 of the year of] Twenty-one days before the general election or general city election for that office, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [the June 30 of that year,] 25 days before the general election or general city election; and
(d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373.
κ2011 Statutes of Nevada, Page 1713 (CHAPTER 309, AB 452)κ
of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]
(b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;
(c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
4. Except as otherwise provided in subsection 5, every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election or on behalf of a group of such candidates shall, not later than:
(a) Seven days before the special election for the office for which the candidate or a candidate in the group of candidates seeks election, for the period from the nomination of the candidate through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury.
κ2011 Statutes of Nevada, Page 1714 (CHAPTER 309, AB 452)κ
an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5. Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election to determine whether a public officer will be recalled or on behalf of a group of such candidates shall list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee, political party or business entity under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
7. [The] Except as otherwise provided in section 3 of this act, the reports must be filed electronically with [:
(a) If the candidate is elected from one county, the county clerk of that county;
(b) If the candidate is elected from one city, the city clerk of that city; or
(c) If the candidate is elected from more than one county or city,] the Secretary of State.
8. If an expenditure is made on behalf of a group of candidates, the reports must be itemized by the candidate. [A person may mail or transmit the report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means.]
9. A report shall be deemed to be filed [with the officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the] Secretary of State . [within 10 working days after receiving the report.
10.] Every person, committee, political party or business entity described in subsection 1 shall file a report required by this section even if the person, committee, political party or business entity receives no contributions.
Sec. 11. NRS 294A.220 is hereby amended to read as follows:
294A.220 1. Except as otherwise provided in NRS 294A.283, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons,
κ2011 Statutes of Nevada, Page 1715 (CHAPTER 309, AB 452)κ
of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury. The provisions of this subsection apply to the person, group of persons or business entity:
(a) Each year in which:
(1) An election or city election is held for a question for which the person, group of persons or business entity advocates passage or defeat; or
(2) A person, group of persons or business entity receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election; and
(b) The year after each year described in paragraph (a).
2. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;
(b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and
κ2011 Statutes of Nevada, Page 1716 (CHAPTER 309, AB 452)κ
(c) July 15 of the year of]
(c) Twenty-one days before the general election or general city election, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [the June 30 immediately preceding that July 15,] 25 days before the general election or general city election; and
(d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. Except as otherwise provided in NRS 294A.283, if a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:
(a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]
(b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;
(c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and
(d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,
κ2011 Statutes of Nevada, Page 1717 (CHAPTER 309, AB 452)κ
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
4. Except as otherwise provided in subsection 5, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:
(a) Seven days before the special election, for the period from the date the question qualified for the ballot through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5. Every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under an oath to God or penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Κ A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
7. [The] Except as otherwise provided in section 3 of this act, reports required pursuant to this section must be filed electronically with [:
κ2011 Statutes of Nevada, Page 1718 (CHAPTER 309, AB 452)κ
(a) If the question is submitted to the voters of one county, the county clerk of that county;
(b) If the question is submitted to the voters of one city, the city clerk of that city; or
(c) If the question is submitted to the voters of more than one county or city,] the Secretary of State.
8. If an expenditure is made on behalf of a group of questions, the reports must be itemized by question or petition. [A person may mail or transmit the report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means.]
9. A report shall be deemed to be filed [with the filing officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the] Secretary of State . [within 10 working days after receiving the report.]
Sec. 12. NRS 294A.270 is hereby amended to read as follows:
294A.270 1. Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:
(a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall through 12 days before the special election; and
(b) Thirty days after the election, for the remaining period through the election,
Κ report each contribution received or made by the committee in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received by the committee, and each contribution made by the committee in excess of $100.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall through the day the court determines that an election will not be held, report each contribution received by the committee, and each contribution made by the committee in excess of $100.
4. [Each] Except as otherwise provided in section 3 of this act, each report of contributions must be filed electronically with the Secretary of State. [The committee may mail or transmit the report by regular mail, certified mail, facsimile machine or electronic means.]
5. A report shall be deemed to be filed [with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
κ2011 Statutes of Nevada, Page 1719 (CHAPTER 309, AB 452)κ
(b) On] on the date that it was received by the Secretary of State . [if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
5.] 6. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution, whether from or to a natural person, association or corporation, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the current reporting period.
Sec. 13. NRS 294A.280 is hereby amended to read as follows:
294A.280 1. Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:
(a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall through 12 days before the special election; and
(b) Thirty days after the election, for the remaining period through the election,
Κ report each expenditure made by the committee in excess of $100 on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $100.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall through the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $100.
4. [Each] Except as otherwise provided in section 3 of this act, each report of expenditures must be filed electronically with the Secretary of State. [The committee may mail or transmit the report to the Secretary of State by regular mail, certified mail, facsimile machine or electronic means.]
5. A report shall be deemed to be filed [with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the Secretary of State . [if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.]
Sec. 14. NRS 294A.283 is hereby amended to read as follows:
294A.283 1. Every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, including, without limitation, the initiation or circulation thereof, and who receives or expends money in an amount in excess of $10,000 for such advocacy shall, not later than the dates listed in subsection 2, report:
κ2011 Statutes of Nevada, Page 1720 (CHAPTER 309, AB 452)κ
(a) Each campaign contribution in excess of $1,000 received during each period described in subsection 2;
(b) Contributions received during each period described in subsection 2 from a contributor which cumulatively exceed $1,000;
(c) Each expenditure in excess of $1,000 the person, group of persons or business entity makes during each period described in subsection 2; and
(d) The total amount of money the person, group of persons or business entity has at the beginning of each period described in subsection 2, accounting for all contributions received and expenditures made during each previous period.
2. Every person, group of persons or business entity required to report pursuant to subsection 1 shall file that report with the Secretary of State:
(a) For the period beginning on the first day a copy of the petition may be filed with the Secretary of State before it is circulated for signatures pursuant to Section 1 or Section 2 of Article 19 of the Nevada Constitution, as applicable, and ending on the following March 31, not later than April 15;
(b) For the period beginning on April 1 and ending on July 31, not later than August 15;
(c) For the period beginning on August 1 and ending on September 30, not later than October 15; and
(d) For the period beginning on October 1 and ending on December 31, not later than the following January 15.
3. The name and address of the contributor and the date on which the contribution was received must be included on each report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the applicable reporting period.
4. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in each report.
5. Each report required pursuant to this section must:
(a) Be on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373; and
(b) Be signed by the person or a representative of the group of persons or business entity under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
6. [A] Except as otherwise provided in section 3 of this act, a person, group of persons or business entity [may mail or transmit] shall file each report [to] electronically with the Secretary of State . [by certified mail, regular mail, facsimile machine or electronic means or may deliver the report personally.]
7. A report shall be deemed to be filed [with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the Secretary of State . [if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.]
κ2011 Statutes of Nevada, Page 1721 (CHAPTER 309, AB 452)κ
Sec. 15. NRS 294A.286 is hereby amended to read as follows:
294A.286 1. A person who administers a legal defense fund shall:
(a) Within 5 days after the creation of the legal defense fund, notify the Secretary of State of the creation of the fund on a form provided by the Secretary of State; and
(b) For the same period covered by the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360, report any contribution received by or expenditure made from the legal defense fund.
2. The reports required by paragraph (b) of subsection 1 must be submitted on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the administrator of the legal defense fund under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
3. [The] Except as otherwise provided in section 2 of this act, the reports required by paragraph (b) of subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360.
Sec. 16. NRS 294A.360 is hereby amended to read as follows:
294A.360 1. [Every] Except as otherwise provided in section 2 of this act, every candidate for city office at a primary city election or general city election shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year. The provisions of this subsection apply to the candidate:
(a) Beginning the year of the general city election for that office through the year immediately preceding the next general city election for that office; and
(b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.
2. [Every] Except as otherwise provided in section 2 of this act, every candidate for city office at a primary city election or general city election, if the general city election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:
(a) [Seven] Twenty-one days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through [12] 25 days before the primary city election;
(b) [Seven] Four days before the [general] primary city election for that office, for the period from [11] 24 days before the primary city election through [12] 5 days before the [general] primary city election; [and
(c) July 15 of the year of]
(c) Twenty-one days before the general city election for that office, for the period from [11] 4 days before the [general] primary city election through [the June 30 of that year.] 25 days before the general city election; and
κ2011 Statutes of Nevada, Page 1722 (CHAPTER 309, AB 452)κ
(d) Four days before the general city election for that office, for the period from 24 days before the general city election through 5 days before the general city election.
3. [Every] Except as otherwise provided in section 2 of this act, every candidate for city office at a primary city election or general city election, if the general city election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:
(a) [Seven] Twenty-one days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through [12] 25 days before the primary city election; [and]
(b) [Seven] Four days before the [general] primary city election for that office, for the period from [11] 24 days before the primary city election through [12] 5 days before the [general] primary city election [.] ;
(c) Twenty-one days before the general city election for that office, for the period from 4 days before the primary city election through 25 days before the general city election; and
(d) Four days before the general city election for that office, for the period from 24 days before the general city election through 5 days before the general city election.
4. Except as otherwise provided in subsection 5, every candidate for city office at a special election shall so file those reports:
(a) Seven days before the special election, for the period from the candidates nomination through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election.
5. Every candidate for city office at a special election to determine whether a public officer will be recalled shall so file those reports 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
Sec. 17. NRS 294A.362 is hereby amended to read as follows:
294A.362 1. In addition to reporting information pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.360, each candidate who is required to file a report of campaign contributions and expenses pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.200 or 294A.360 shall report on the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form [each] :
(a) Each such campaign contribution in excess of $100 received during the reporting period [, each] ;
(b) Each such campaign contribution from a contributor received during the reporting period which cumulatively exceeds $100 [, and each] ;
(c) Each such expense in excess of $100 incurred during the reporting period [.] ;
κ2011 Statutes of Nevada, Page 1723 (CHAPTER 309, AB 452)κ
(d) The total of all such campaign contributions received during the reporting period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b); and
(e) The total of all such expenses incurred during the reporting period which are $100 or less.
2. The Secretary of State and each city clerk shall not require a candidate to list the campaign contributions and expenses described in this section on any form other than the form designed and [provided] made available by the Secretary of State pursuant to NRS 294A.373.
3. Except as otherwise provided in section 2 of this act, the report required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.200 or 294A.360.
Sec. 18. NRS 294A.373 is hereby amended to read as follows:
294A.373 1. The Secretary of State shall design [a single form] forms to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283, 294A.360 and 294A.362 and reports of contributions received by and expenditures made from a legal defense fund that are required to be filed pursuant to NRS 294A.286.
2. The [form] forms designed by the Secretary of State pursuant to this section must only request information specifically required by statute.
3. [Upon request, the] The Secretary of State shall [provide] make available to each candidate, person, committee, political party, group of persons or business entity that is required to file a report described in subsection 1:
(a) If the candidate, person, committee, political party, group or business entity has submitted an affidavit to the Secretary of State pursuant to section 2 or 3 of this act, as applicable, a copy of the form [designed pursuant to this section to each person, committee, political party, group and business entity that is required to file a report described in subsection 1.] ; or
(b) If the candidate, person, committee, political party, group or business entity is required to submit the report electronically to the Secretary of State, access through a secure website to the form.
4. If the candidate, person, committee, political party, group of persons or business entity is required to submit electronically a report described in subsection 1, the form must be signed electronically under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.
5. The Secretary of State must obtain the advice and consent of the Legislative Commission before [providing] making a copy of , or access to, a form designed or revised by the Secretary of State pursuant to this section available to a candidate, person, committee, political party, group of persons or business entity . [that is required to use the form.]
Sec. 18.5. NRS 294A.382 is hereby amended to read as follows:
294A.382 The Secretary of State shall not request or require a candidate, person, group of persons, committee, political party or business entity to list each of the expenditures or campaign expenses of $100 or less on a form designed and [provided] made available pursuant to NRS 294A.373.
κ2011 Statutes of Nevada, Page 1724 (CHAPTER 309, AB 452)κ
Sec. 19. NRS 294A.390 is hereby amended to read as follows:
294A.390 The officer from whom a candidate or entity requests a form for:
1. A declaration of candidacy;
2. An acceptance of candidacy;
3. The registration of a committee for political action pursuant to NRS 294A.230, a committee for the recall of a public officer pursuant to NRS 294A.250 or a business entity that wishes to engage in certain political activity pursuant to NRS 294A.227; or
4. The reporting of the creation of a legal defense fund pursuant to NRS 294A.286 , [; or
5. The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283 or 294A.360 and the reporting of contributions received by and expenditures made from a legal defense fund pursuant to NRS 294A.286,]
Κ shall furnish the candidate or entity with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287 relating to the accepting or reporting of contributions received by and expenditures made from a legal defense fund and the penalties for a violation of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.
Sec. 20. NRS 294A.400 is hereby amended to read as follows:
294A.400 The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283 , [and] 294A.286, 294A.360 and 294A.362, prepare and make available for public inspection a compilation of:
1. The total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates from whom reports of those contributions and expenses are required.
2. The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.
3. The contributions made to a committee for the recall of a public officer in excess of $100.
4. The expenditures exceeding $100 made by a:
(a) Person on behalf of a candidate other than the person.
(b) Group of persons or business entity advocating the election or defeat of a candidate.
(c) Committee for the recall of a public officer.
5. The contributions in excess of $100 made to:
κ2011 Statutes of Nevada, Page 1725 (CHAPTER 309, AB 452)κ
(a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.
(b) A committee for political action, political party, committee sponsored by a political party or business entity which makes an expenditure on behalf of a candidate or group of candidates.
6. The contributions in excess of $1,000 made to and the expenditures exceeding $1,000 made by a:
(a) Person or group of persons organized formally or informally, including a business entity who advocates the passage or defeat of a question or group of questions on the ballot and who receives or expends money in an amount in excess of $10,000 for such advocacy, except as otherwise provided in paragraph (b).
(b) Person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, including, without limitation, the initiation or circulation thereof, and who receives or expends money in an amount in excess of $10,000 for such advocacy.
7. The total contributions received by and expenditures made from a legal defense fund.
Sec. 21. Chapter 281A of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 23 of this act.
Sec. 22. (Deleted by amendment.)
Sec. 23. 1. A candidate or public officer who is required to file a statement of financial disclosure with the Secretary of State pursuant to NRS 281A.600 or 281A.610 is not required to file the statement electronically if the candidate or public officer has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:
(a) The candidate or public officer does not own or have the ability to access the technology necessary to file electronically the statement of financial disclosure; and
(b) The candidate or public officer does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the statement of financial disclosure.
2. The affidavit described in subsection 1 must be:
(a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A candidate or public officer who signs the affidavit under an oath to God is subject to the same penalties as if the candidate or public officer had signed the affidavit under penalty of perjury.
(b) Except as otherwise provided in subsection 4, filed not less than 15 days before the statement of financial disclosure is required to be filed.
3. A candidate or public officer who is not required to file the statement of financial disclosure electronically may file the statement of financial disclosure by transmitting the statement by regular mail, certified mail, facsimile machine or personal delivery. A statement of financial disclosure transmitted pursuant to this subsection shall be deemed to be filed on the date that it was received by the Secretary of State.
κ2011 Statutes of Nevada, Page 1726 (CHAPTER 309, AB 452)κ
4. A person who is appointed to fill the unexpired term of an elected or appointed public officer must file the affidavit described in subsection 1 not later than 15 days after his or her appointment to be exempted from the requirement of filing a report electronically.
Sec. 24. NRS 281A.240 is hereby amended to read as follows:
281A.240 1. In addition to any other duties imposed upon the Executive Director, the Executive Director shall:
(a) Maintain complete and accurate records of all transactions and proceedings of the Commission.
(b) Receive requests for opinions pursuant to NRS 281A.440.
(c) Gather information and conduct investigations regarding requests for opinions received by the Commission and submit recommendations to the investigatory panel appointed pursuant to NRS 281A.220 regarding whether there is just and sufficient cause to render an opinion in response to a particular request.
(d) Recommend to the Commission any regulations or legislation that the Executive Director considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.
(e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that the Executive Director is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.
(f) Perform such other duties, not inconsistent with law, as may be required by the Commission.
2. The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of the Executive Directors duties relating to:
(a) The administration of the affairs of the Commission; and
(b) [The review of statements of financial disclosure; and
(c)] The investigation of matters under the jurisdiction of the Commission.
Sec. 25. NRS 281A.290 is hereby amended to read as follows:
281A.290 The Commission shall:
1. Adopt procedural regulations:
(a) To facilitate the receipt of inquiries by the Commission;
(b) For the filing of a request for an opinion with the Commission;
(c) For the withdrawal of a request for an opinion by the person who filed the request; and
(d) To facilitate the prompt rendition of opinions by the Commission.
2. Prescribe, by regulation, [forms for the submission of statements of financial disclosure and procedures for the submission of statements of financial disclosure filed pursuant to NRS 281A.600 and] forms and procedures for the submission of statements of acknowledgment filed by public officers pursuant to NRS 281A.500, maintain files of such statements and make the statements available for public inspection.
κ2011 Statutes of Nevada, Page 1727 (CHAPTER 309, AB 452)κ
3. Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.
4. [Except as otherwise provided in NRS 281A.600, inform] Inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter [.] , other than cases of noncompliance with NRS 281A.600, 281A.610 and 281A.620.
5. Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
6. Publish a manual for the use of public officers and employees that contains:
(a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281A.440, for the future guidance of all persons concerned with ethical standards in government;
(b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281A.440; and
(c) An abstract of the requirements of this chapter.
Κ The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the abstracts and published opinions of the Commission.
Sec. 26. NRS 281A.470 is hereby amended to read as follows:
281A.470 1. Any department, board, commission or other agency of the State or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the Commission. A specialized or local ethics committee may:
(a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. The standards may not be less restrictive than the statutory ethical standards.
(b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of the public officers or employees own future official conduct or refer the request to the Commission. Any public officer or employee subject to the jurisdiction of the committee shall direct the public officers or employees inquiry to that committee instead of the Commission.
(c) Require the filing of statements of financial disclosure by public officers on forms prescribed by the committee or the city clerk if the form has been:
(1) Submitted, at least 60 days before its anticipated distribution, to the [Commission] Secretary of State for review; and
(2) Upon review, approved by the [Commission.] Secretary of State.
2. A specialized or local ethics committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards.
3. Each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential unless:
(a) The public officer or employee acts in contravention of the opinion; or
(b) The requester discloses the content of the opinion.
Sec. 27. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 1728 (CHAPTER 309, AB 452)κ
Sec. 28. NRS 281A.600 is hereby amended to read as follows:
281A.600 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3 and section 23 of this act, if a public officer who was appointed to the office for which the public officer is serving is entitled to receive annual compensation of $6,000 or more for serving in that office, the public officer shall file electronically with the [Commission] Secretary of State a statement of financial disclosure, as follows:
(a) A public officer appointed to fill the unexpired term of an elected or appointed public officer shall file a statement of financial disclosure within 30 days after the public officers appointment.
(b) Each public officer appointed to fill an office shall file a statement of financial disclosure on or before January 15 of each year of the term, including the year the term expires.
Κ The statement must disclose the required information for the full calendar year immediately preceding the date of filing.
2. If a person is serving in a public office for which the person is required to file a statement pursuant to subsection 1, the person may use the statement the person files for that initial office to satisfy the requirements of subsection 1 for every other public office to which the person is appointed and in which the person is also serving.
3. A judicial officer who is appointed to fill the unexpired term of a predecessor or to fill a newly created judgeship shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281A.620.
4. [The Commission shall provide written notification to the Secretary of State of the public officers who failed to file the statements of financial disclosure required by subsection 1 or who failed to file those statements in a timely manner. The notice must be sent within 30 days after the deadlines set forth in subsection 1 and must include:
(a) The name of each public officer who failed to file a statement of financial disclosure within the period before the notice is sent;
(b) The name of each public officer who filed a statement of financial disclosure after the deadlines set forth in subsection 1 but within the period before the notice is sent;
(c) For the first notice sent after the public officer filed a statement of financial disclosure, the name of each public officer who filed a statement of financial disclosure after the deadlines set forth in subsection 1 but within the period before the notice is sent; and
(d) For each public officer listed in paragraph (c), the date on which the statement of financial disclosure was due and the date on which the public officer filed the statement.
5. In addition to the notice provided pursuant to subsection 4, the Commission shall notify the Secretary of State of each public officer who files a statement of financial disclosure more than 30 days after the deadlines set forth in subsection 1. The notice must include the information described in paragraphs (c) and (d) of subsection 4.
6.] A statement of financial disclosure shall be deemed to be filed [with the Commission:
κ2011 Statutes of Nevada, Page 1729 (CHAPTER 309, AB 452)κ
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the [Commission if the statement was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.] Secretary of State.
5. Except as otherwise provided in section 23 of this act, the Secretary of State shall provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.
6. The Secretary of State may adopt regulations necessary to carry out the provisions of this section.
Sec. 29. NRS 281A.610 is hereby amended to read as follows:
281A.610 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3 and section 23 of this act, each candidate for public office who will be entitled to receive annual compensation of $6,000 or more for serving in the office that the candidate is seeking and, except as otherwise provided in subsection 3, each public officer who was elected to the office for which the public officer is serving shall file electronically with the Secretary of State a statement of financial disclosure, as follows:
(a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office. The statement must disclose the required information for the full calendar year immediately preceding the date of filing and for the period between January 1 of the year in which the election for the office will be held and the last day to qualify as a candidate for the office. The filing of a statement of financial disclosure for a portion of a calendar year pursuant to this paragraph does not relieve the candidate of the requirement of filing a statement of financial disclosure for the full calendar year pursuant to paragraph (b) in the immediately succeeding year, if the candidate is elected to the office.
(b) Each public officer shall file a statement of financial disclosure on or before January 15 of each year of the term, including the year the term expires. The statement must disclose the required information for the full calendar year immediately preceding the date of filing.
2. Except as otherwise provided in this subsection, if a candidate for public office is serving in a public office for which the candidate is required to file a statement pursuant to paragraph (b) of subsection 1 or subsection 1 of NRS 281A.600, the candidate need not file the statement required by subsection 1 for the full calendar year for which the candidate previously filed a statement. The provisions of this subsection do not relieve the candidate of the requirement pursuant to paragraph (a) of subsection 1 to file a statement of financial disclosure for the period between January 1 of the year in which the election for the office will be held and the last day to qualify as a candidate for the office.
3. A person elected pursuant to NRS 548.285 to the office of supervisor of a conservation district is not required to file a statement of financial disclosure relative to that office pursuant to subsection 1.
4. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281A.620.
κ2011 Statutes of Nevada, Page 1730 (CHAPTER 309, AB 452)κ
5. A statement of financial disclosure shall be deemed to be filed [with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On] on the date that it was received by the Secretary of State . [if the statement was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
6. The statement of financial disclosure filed pursuant to this section must be filed on the form prescribed by the Commission pursuant to NRS 281A.290.
7. The]
6. Except as otherwise provided in section 23 of this act, the Secretary of State shall [prescribe, by regulation, procedures for the submission of statements of financial disclosure filed pursuant to this section, maintain files of such statements and make the statements available for public inspection.] provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.
7. The Secretary of State may adopt regulations necessary to carry out the provisions of this section.
Sec. 30. NRS 281A.620 is hereby amended to read as follows:
281A.620 1. Statements of financial disclosure, as approved pursuant to NRS 281A.470 or in such electronic form as the [Commission] Secretary of State otherwise prescribes, must contain the following information concerning the candidate for public office or public officer:
(a) The candidates or public officers length of residence in the State of Nevada and the district in which the candidate for public office or public officer is registered to vote.
(b) Each source of the candidates or public officers income, or that of any member of the candidates or public officers household who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as professional services must be disclosed.
(c) A list of the specific location and particular use of real estate, other than a personal residence:
(1) In which the candidate for public office or public officer or a member of the candidates or public officers household has a legal or beneficial interest;
(2) Whose fair market value is $2,500 or more; and
(3) That is located in this State or an adjacent state.
(d) The name of each creditor to whom the candidate for public office or public officer or a member of the candidates or public officers household owes $5,000 or more, except for:
(1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to paragraph (c); and
(2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.
(e) If the candidate for public office or public officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of all such gifts, including the identity of the donor and value of each gift, except:
κ2011 Statutes of Nevada, Page 1731 (CHAPTER 309, AB 452)κ
(1) A gift received from a person who is related to the candidate for public office or public officer within the third degree of consanguinity or affinity.
(2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative or political action of the candidate for public office or public officer.
(f) A list of each business entity with which the candidate for public office or public officer or a member of the candidates or public officers household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.
(g) A list of all public offices presently held by the candidate for public office or public officer for which this statement of financial disclosure is required.
2. The [Commission shall distribute or cause to be distributed the forms required for such a statement to each candidate for public office and public officer who is required to file one. The Commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281A.470.] Secretary of State may adopt regulations necessary to carry out the provisions of this section.
3. As used in this section, member of the candidates or public officers household includes:
(a) The spouse of the candidate for public office or public officer;
(b) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate for public office or public officer; and
(c) A person who lived in the home or dwelling of the candidate for public office or public officer for 6 months or more in the year immediately preceding the year in which the candidate for public office or public officer files the statement of financial disclosure.
Sec. 31. NRS 281A.630 is hereby amended to read as follows:
281A.630 1. Except as otherwise provided in subsection 2, statements of financial disclosure required by the provisions of NRS 281A.600, 281A.610 and 281A.620 must be retained by the [Commission or] Secretary of State for 6 years after the date of filing.
2. For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.
Sec. 32. NRS 281A.640 is hereby amended to read as follows:
281A.640 1. A list of each public officer who is required to file a statement of financial disclosure must be submitted electronically to the [Commission and to the] Secretary of State, in a form prescribed by the [Commission,] Secretary of State, on or before December 1 of each year by:
(a) Each county clerk for all public officers of the county and other local governments within the county other than cities;
κ2011 Statutes of Nevada, Page 1732 (CHAPTER 309, AB 452)κ
(b) Each city clerk for all public officers of the city;
(c) The Director of the Legislative Counsel Bureau for all public officers of the Legislative Branch; and
(d) The Chief of the Budget Division of the Department of Administration for all public officers of the Executive Branch.
2. [The Secretary of State, each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Commission, and each] Each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the [Commission,] Secretary of State, a list of each candidate for public office who filed a declaration of candidacy or acceptance of candidacy with that officer within 10 days after the last day to qualify as a candidate for the applicable office.
Sec. 33. NRS 281A.650 is hereby amended to read as follows:
281A.650 The Secretary of State and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, or city clerk who receives from a candidate for public office a declaration of candidacy, acceptance of candidacy or certificate of candidacy shall give to the candidate :
1. If the candidate is a candidate for judicial office, the form prescribed by the [Commission] Administrative Office of the Courts for the making of a statement of financial disclosure [,] ;
2. If the candidate is not a candidate for judicial office and is required to file electronically the statement of financial disclosure, access to the electronic form prescribed by the Secretary of State; or
3. If the candidate is not a candidate for judicial office, is required to submit the statement of financial disclosure electronically and has submitted an affidavit to the Secretary of State pursuant to section 23 of this act, the form prescribed by the Secretary of State,
Κ accompanied by instructions on how to complete the form [, where it must be filed] and the time by which it must be filed.
Sec. 34. This act becomes effective on January 1, 2012.
________
κ2011 Statutes of Nevada, Page 1733κ
Senate Bill No. 233Senators Parks, Horsford and Kieckhefer
Joint Sponsors: Assemblymen Oceguera, Conklin, Hansen, Brooks, Hardy; Anderson, Bustamante Adams, Kirkpatrick and Smith
CHAPTER 310
[Approved: June 10, 2011]
AN ACT relating to grants; establishing the Office of Grant Procurement, Coordination and Management in the Department of Administration; setting forth the duties of the Chief of the Office; requiring all state agencies to notify the Office of any grants for which the agency applies and any which they receive; authorizing state agencies, commissions and departments to hold certain hearings relating to grants; authorizing state departments, institutions and agencies to take certain actions to carry out a grant before receiving approval from the Interim Finance Committee; increasing the monetary thresholds at which certain approval of revisions of work programs and acceptance of gifts and grants is required; increasing the amount of certain gifts and grants that certain state agencies may accept under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the Department of Administration, divides the Department into various divisions and requires the Director of the Department to appoint Chiefs of those divisions. (NRS 232.213, 232.215) Sections 9 and 10 of this bill establish the Office of Grant Procurement, Coordination and Management in the Department and require the Director to appoint the Chief of the Office. Section 2 of this bill sets forth the qualifications for the Chief. Section 2.5 of this bill requires the Chief to employ two persons to assist him or her in carrying out the duties of the Office. Section 3 of this bill sets forth the duties of the Chief, which include: (1) researching and identifying federal grants which may be available to state agencies; (2) writing grants for federal funds for state agencies; (3) coordinating with members of Congress representing this State to identify and manage available federal grants and programs; (4) seeking out grants and writing grant proposals for state agencies in Nevada; and (5) keeping track of all the grants for which state agencies have applied and of all grants they have received, and, if practicable, coordinating with state and local agencies that have received grants for similar projects to ensure they do not duplicate their efforts or services.
Section 4 of this bill requires all state agencies to notify the Office of any grants for which they apply and any grants which they receive.
If a public hearing is required in connection with a grant from the Federal Government to a state agency, commission or department, section 11.3 of this bill authorizes the agency, commission or department to either request that the hearing be included as an agenda item at a meeting of the Interim Finance Committee or conduct the hearing itself. Section 11.5 of this bill authorizes a department, institution or agency of the Executive Department of State Government which has received a grant that requires approval from the Interim Finance Committee to take steps to carry out the grant before receiving such approval, including, without limitation, classifying positions, recruiting for positions, advertising for bids or requesting proposals if the department, institution or agency includes a statement in the notice or advertisement that any position or contract is contingent upon approval by the Interim Finance Committee.
κ2011 Statutes of Nevada, Page 1734 (CHAPTER 310, SB 233)κ
Under the State Budget Act, a department, institution or agency of the Executive Department of State Government is required to obtain approval from the Interim Finance Committee, except in certain limited circumstances, before revising a work program in an amount more than $20,000 if the revision will increase or decrease by 10 percent or $50,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program. (NRS 353.220) Section 11.7 of this bill increases the monetary threshold to an amount of more than $30,000 if the revision will increase by 10 percent or $75,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program. Section 11.9 of this bill increases, under certain circumstances, the maximum amount of gifts, including grants from nongovernmental sources, that certain state agencies can accept from $10,000 to $20,000 and the maximum amount of governmental grants that such an agency can accept from $100,000 to $150,000.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The person appointed to serve as the Chief of the Office of Grant Procurement, Coordination and Management must have:
(a) Extensive expertise and experience in applying for and receiving grants;
(b) Specialized knowledge of the process of grant writing and approval in the public and private sector; and
(c) Proven experience in designing and managing programs which rely solely or partially upon money received from grants.
2. The Chief shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.
Sec. 2.5. 1. The Chief of the Office of Grant Procurement, Coordination and Management shall employ two persons to serve in the unclassified service of the State for the purposes set forth in this section.
2. A person employed pursuant to this section shall, under the direction of the Chief of the Office of Grant Procurement, Coordination and Management, assist the Chief in carrying out the provisions of sections 2 to 6, inclusive, of this act.
Sec. 3. 1. The Chief of the Office of Grant Procurement, Coordination and Management shall:
(a) Research and identify federal grants which may be available to state agencies.
(b) Write grants for federal funds for state agencies.
(c) Coordinate with the members of Congress representing this State to combine efforts relating to identifying and managing available federal grants and related programs.
(d) If requested by a state agency, research the availability of grants and write grant proposals and applications for the state agency, giving priority to grants:
(1) For the Department of Health and Human Services;
(2) For the Office of Energy; and
(3) Which may facilitate economic development in this State.
κ2011 Statutes of Nevada, Page 1735 (CHAPTER 310, SB 233)κ
(e) To the greatest extent practicable, ensure that state agencies are aware of any grant opportunities for which they are or may be eligible.
(f) If requested by the Director of a state agency, advise the Director and the state agency concerning the requirements for receiving and managing grants.
(g) To the greatest extent practicable, coordinate with state and local agencies that have received grants for similar projects to ensure that the efforts and services of those state and local agencies are not duplicated.
(h) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all activity relating to the application for, receipt of and use of grants in this State.
2. The Chief may adopt regulations to carry out the provisions of this section and sections 4 and 5 of this act.
Sec. 4. In addition to any other requirement concerning applying for or receiving a grant, a state agency shall notify the Office of Grant Procurement, Coordination and Management, on a form prescribed by the Office, of any grant:
1. For which the state agency applies; and
2. Which the state agency receives.
Sec. 5. The Office of Grant Procurement, Coordination and Management may apply for and receive any gift, grant, contribution or other money from any source to carry out the provisions of sections 2 to 6, inclusive, of this act.
Sec. 6. 1. The Account for the Office of Grant Procurement, Coordination and Management is hereby created in the State General Fund. The Account must be administered by the Chief of the Office.
2. Any money accepted pursuant to section 5 of this act must be deposited in the Account.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
4. The money in the Account which is donated for a purpose specified by the donor, within the scope of the duties of the Chief of the Office of Grant Procurement, Coordination and Management, must only be used for that purpose. If no purpose is specified, the money in the Account must only be used to carry out the duties of the Chief.
5. Claims against the Account must be paid as other claims against the State are paid.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 232.212 is hereby amended to read as follows:
232.212 As used in NRS 232.212 to 232.2195, inclusive, and sections 2 to 6, inclusive, of this act, unless the context requires otherwise:
1. Department means the Department of Administration.
2. Director means the Director of the Department.
Sec. 9. NRS 232.213 is hereby amended to read as follows:
232.213 1. The Department of Administration is hereby created.
2. The Department consists of a Director and the following : [divisions:]
(a) Budget Division.
(b) Risk Management Division.
(c) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.
κ2011 Statutes of Nevada, Page 1736 (CHAPTER 310, SB 233)κ
(d) Buildings and Grounds Division.
(e) Purchasing Division.
(f) Administrative Services Division.
(g) Division of Internal Audits.
(h) Office of Grant Procurement, Coordination and Management.
3. The Director may establish a Motor Pool Division or may assign the functions of the State Motor Pool to one of the other divisions of the Department.
Sec. 10. NRS 232.215 is hereby amended to read as follows:
232.215 The Director:
1. Shall appoint a Chief of the:
(a) Risk Management Division;
(b) Buildings and Grounds Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Internal Audits; [and]
(f) Office of Grant Procurement, Coordination and Management; and
(g) Motor Pool Division, if separately established.
2. Shall appoint a Chief of the Budget Division, or may serve in this position if the Director has the qualifications required by NRS 353.175.
3. Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 331, 333 and 336 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the Department.
5. Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.
6. Has such other powers and duties as are provided by law.
Sec. 11. NRS 232.2165 is hereby amended to read as follows:
232.2165 1. The Chief of:
(a) The Buildings and Grounds Division;
(b) The Purchasing Division;
(c) The Administrative Services Division;
(d) The Division of Internal Audits; and
(e) If separately established, the Motor Pool Division,
Κ of the Department serves at the pleasure of the Director, but, except as otherwise provided in subsection 2, for all purposes except removal is in the classified service of the State.
2. The Chief of the Motor Pool Division, if separately established, and the Chief of the Division of Internal Audits are in the unclassified service of the State.
3. The Chief of the Office of Grant Procurement, Coordination and Management is in the unclassified service of the State and serves at the pleasure of the Director.
κ2011 Statutes of Nevada, Page 1737 (CHAPTER 310, SB 233)κ
Sec. 11.1. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 11.3 and 11.5 of this act.
Sec. 11.3. If a public hearing is required in connection with a grant from the Federal Government to a state agency, commission or department, the agency, commission or department may:
1. Request that the hearing be included as an item on the agenda of a meeting of the Interim Finance Committee; or
2. Conduct the hearing in accordance with chapter 241 of NRS.
Sec. 11.5. A department, institution or agency of the Executive Department of the State Government that receives a grant for a program which requires the approval of the Interim Finance Committee and which requires the department, institution or agency to take action to carry out the program, including, without limitation, classifying positions, recruiting for positions, advertising for bids and requesting proposals, may begin to carry out the program before obtaining that approval if the department, institution or agency includes a statement in any notice or advertisement that the position or contract is contingent upon the approval of the Interim Finance Committee.
Sec. 11.7. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the Executive Department of the State Government, whenever he or she deems it necessary because of changed conditions, may request the revision of the work program of his or her department, institution or agency at any time during the fiscal year, and submit the revised program to the Governor through the Chief with a request for revision of the allotments for the remainder of that fiscal year.
2. Every request for revision must be submitted to the Chief on the form and with supporting information as the Chief prescribes.
3. Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the Governor or the Chief, if the Governor has by written instrument delegated this authority to the Chief.
4. Whenever a request for the revision of a work program of a department, institution or agency in an amount more than [$20,000] $30,000 would, when considered with all other changes in allotments for that work program made pursuant to NRS 353.215 and subsections 1, 2 and 3 of this section, increase or decrease by 10 percent or [$50,000,] $75,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.
5. If a request for the revision of a work program requires additional approval as provided in subsection 4 and:
(a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the Governor shall take reasonable and proper action to approve it and shall report the action, and his or her reasons for determining that immediate action was necessary, to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
κ2011 Statutes of Nevada, Page 1738 (CHAPTER 310, SB 233)κ
(b) The Governor determines that the revision is necessary and requires expeditious action, he or she may certify that the request requires expeditious action by the Interim Finance Committee. Whenever the Governor so certifies, the Interim Finance Committee has 15 days after the request is submitted to its Secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.
(c) Does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the request is submitted to its Secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.
6. The Secretary shall place each request submitted pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the Interim Finance Committee.
7. In acting upon a proposed revision of a work program, the Interim Finance Committee shall consider, among other things:
(a) The need for the proposed revision; and
(b) The intent of the Legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.
Sec. 11.9. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
κ2011 Statutes of Nevada, Page 1739 (CHAPTER 310, SB 233)κ
3. The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the State;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding [$10,000] $20,000 each in value; and
(b) Governmental grants not exceeding [$100,000] $150,000 each in value,
Κ if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Department of Administration, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395; or
(c) Artifacts donated to the Department of Cultural Affairs.
Sec. 12. (Deleted by amendment.)
Sec. 12.5. NRS 353.345 is hereby repealed.
Sec. 13. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1740κ
Assembly Bill No. 273Committee on Commerce and Labor
CHAPTER 311
[Approved: June 10, 2011]
AN ACT relating to real property; revising provisions governing the amount which a person holding a junior lien on real property may recover in a civil action under certain circumstances; prohibiting certain persons holding a junior lien on certain residential property from bringing a civil action under certain circumstances; revising provisions governing the amount of a deficiency judgment after the foreclosure of a mortgage or a deed of trust; limiting the amount of certain judgments against guarantors, sureties or other obligors of obligations secured by real property under certain circumstances; revising provisions governing mortgages and deeds of trust; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a judgment creditor or a beneficiary of a deed of trust may obtain, after a hearing, a deficiency judgment after a foreclosure sale or trustees sale if it appears from the sheriffs return or the recital of consideration in the trustees deed that there is a deficiency of the proceeds of the sale and a balance remaining due the judgment creditor or beneficiary of the deed of trust. Existing law requires a judgment creditor or beneficiary of a deed of trust to bring an action for such a deficiency judgment within 6 months after the foreclosure sale or trustees sale. For an obligation secured by a mortgage or deed of trust on or after October 1, 2009, a court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if: (1) the creditor or beneficiary is a financial institution; (2) the real property is a single-family dwelling and the debtor or grantor was the owner of the property; (3) the debtor or grantor used the loan to purchase the property; (4) the debtor or grantor occupied the property continuously after obtaining the loan; and (5) the debtor or grantor did not refinance the loan. (NRS 40.455)
Sections 3, 3.3 and 5.7 of this bill enact similar provisions to govern deficiency judgments sought by junior lienholders after a foreclosure sale, a trustees sale or any sale or deed in lieu of a foreclosure sale or trustees sale. Section 3 provides that, if the circumstances prohibiting a deficiency judgment after a foreclosure sale or trustees sale under current law exist with respect to a junior lienholder, the creditor may not bring a civil action to recover the debt owed to it after a foreclosure sale, a trustees sale or a sale or deed in lieu of a foreclosure sale or trustees sale.
Existing law authorizes a creditor under an obligation secured by a junior mortgage or deed of trust to bring an action to obtain a personal judgment against the debtor only if the action is commenced within 6 years after the date of the debtors default. (NRS 11.190) Under sections 3.3 and 5.7 of this bill, if the real property securing such an obligation is the subject of a foreclosure sale, a trustees sale or a sale or deed in lieu of such a sale, the creditor may bring an action to obtain a personal judgment against the debtor only if the action is brought within 6 months after the foreclosure sale, the trustees sale or the sale in lieu of a foreclosure sale or trustees sale.
κ2011 Statutes of Nevada, Page 1741 (CHAPTER 311, AB 273)κ
Under existing law, the amount of a deficiency judgment after a foreclosure sale or a trustees sale may not exceed the lesser of: (1) the amount of the indebtedness minus the fair market value of the foreclosed property at the time of the sale; or (2) the amount of the indebtedness minus the amount for which the foreclosed property actually sold. (NRS 40.459) Section 5 of this bill provides that, for a deficiency judgment sought by a secured creditor after a foreclosure sale, trustees sale or sale in lieu of a foreclosure sale or trustees sale, the amount of the deficiency judgment must be reduced by the amount of any insurance proceeds received by, or payable to, the creditor. Section 2 of this bill enacts a corresponding provision for money judgments sought against a debtor by a junior lienholder after a foreclosure sale, a trustees sale or a sale or deed in lieu of a foreclosure sale or trustees sale.
Sections 2 and 5 also limit the recovery of a creditor who acquired the right to obtain payment for an obligation secured by the real property from another person who owned that obligation. If the creditor is seeking a deficiency judgment after a foreclosure sale, a trustees sale or a sale in lieu of a foreclosure sale or trustees sale, section 5 provides that the creditor may not receive an amount which exceeds the lesser of: (1) the consideration paid for the obligation minus the fair market value of the property at the time of the foreclosure sale, with interest from the date of sale and reasonable costs; or (2) the consideration paid for the obligation minus the amount for which the property actually sold, with interest from the date of sale and reasonable costs. If the creditor is a junior lienholder who filed a civil action to obtain a money judgment against the debtor, section 2 provides that the creditor may not receive an amount greater than the consideration paid for the obligation, with interest from the date on which the person acquired the right to obtain payment and reasonable costs.
Section 5.5 of this bill limits the amount of a judgment against a guarantor, surety or other obligor, other than a mortgagor or grantor of a deed of trust, in an action commenced before a foreclosure sale or trustees sale to enforce the obligation to pay, satisfy or purchase all or part of an obligation secured by a mortgage or other lien on real property. Under section 5.5, the amount of the judgment may not exceed the lesser of: (1) the amount of the indebtedness minus the fair market value of the real property at the time of the commencement of the action; or (2) if a foreclosure sale or a trustees sale is completed before the date on which judgment is entered, the amount of the indebtedness minus the amount for which the foreclosed property actually sold.
Section 6 of this bill provides that the amendatory provisions of: (1) sections 1-3 apply only prospectively to obligations secured by a mortgage, deed of trust or other encumbrance upon real property on or after the effective date of this bill; (2) sections 3.3 and 5.7 apply only to an action commenced after a foreclosure sale or sale in lieu of a foreclosure sale that occurs on or after July 1, 2011; and (3) section 5.5 apply only to an action against a guarantor, surety or other obligor commenced on or after the effective date of this bill. Under section 7 of this bill, the amendatory provisions of section 5 become effective upon passage and approval and thus apply to a deficiency judgment awarded on or after that effective date.
Section 6 of Assembly Bill No. 284 of this session requires the trustee under a deed of trust to be: (1) an attorney licensed in this State; (2) a title insurer or title agent authorized to do business in this State; or (3) a person licensed as a trust company or exempt from the requirement to be licensed as a trust company. Section 5.8 of this bill amends section 6 of Assembly Bill No. 284 of this session: (1) to authorize any foreign or domestic entity which holds a current state business license to be the trustee under a deed of trust; and (2) to specifically describe certain persons who are exempt from the requirement to obtain a license as a trust company and who are authorized to be the trustee under a deed of trust. Sections 5.9 and 5.95 of this bill change the effective date of Assembly Bill No. 284 of this session from July 1, 2011, to October 1, 2011.
κ2011 Statutes of Nevada, Page 1742 (CHAPTER 311, AB 273)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 3.3, inclusive, of this act.
Sec. 1.2. As used in sections 1.2 to 3.3, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.4, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.
Sec. 1.4. Foreclosure sale has the meaning ascribed to it in NRS 40.462.
Sec. 1.6. Mortgage or other lien has the meaning ascribed to it in NRS 40.433.
Sec. 1.8. Sale in lieu of a foreclosure sale means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligation in which the sales price of the real property is insufficient to pay the full outstanding balance of the obligation and the costs of the sale. The term includes, without limitation, a deed in lieu of a foreclosure sale.
Sec. 2. 1. If a person to whom an obligation secured by a junior mortgage or lien on real property is owed:
(a) Files a civil action to obtain a money judgment against the debtor under that obligation after a foreclosure sale or a sale in lieu of a foreclosure sale; and
(b) Such action is not barred by NRS 40.430,
Κ in determining the amount owed by the debtor, the court shall not include the amount of any proceeds received by, or payable to, the person pursuant to an insurance policy to compensate the person for losses incurred with respect to the property or the default on the obligation.
2. If:
(a) A person acquired the right to enforce an obligation secured by a junior mortgage or lien on real property from a person who previously held that right;
(b) The person files a civil action to obtain a money judgment against the debtor after a foreclosure sale or a sale in lieu of a foreclosure sale; and
(c) Such action is not barred by NRS 40.430,
Κ the court shall not render judgment for more than the amount of the consideration paid for that right, plus interest from the date on which the person acquired the right and reasonable costs.
3. As used in this section, obligation secured by a junior mortgage or lien on real property includes, without limitation, an obligation which is not currently secured by a mortgage or lien on real property if the obligation:
(a) Is incurred by the debtor under an obligation which was secured by a mortgage or lien on real property; and
(b) Has the effect of reaffirming the obligation which was secured by a mortgage or lien on real property.
κ2011 Statutes of Nevada, Page 1743 (CHAPTER 311, AB 273)κ
Sec. 3. 1. A person to whom an obligation secured by a junior mortgage or lien on real property is owed may not bring any action to enforce that obligation after a foreclosure sale of the real property which secured that obligation or a sale in lieu of a foreclosure sale if:
(a) The person is a financial institution;
(b) The real property which secured the obligation is a single-family dwelling and the debtor or grantor was the owner of the real property at the time of the foreclosure sale or sale in lieu of a foreclosure sale;
(c) The debtor or grantor used the amount of the obligation to purchase the real property;
(d) The debtor or grantor continuously occupied the real property as the debtors or grantors principal residence after securing the obligation; and
(e) The debtor or grantor did not refinance the obligation after securing it.
2. As used in this section, financial institution has the meaning ascribed to it in NRS 363A.050.
Sec. 3.3. A civil action not barred by NRS 40.430 or section 3 of this act by a person to whom an obligation secured by a junior mortgage or lien on real property is owed to obtain a money judgment against the debtor after a foreclosure sale of the real property or a sale in lieu of a foreclosure sale may only be commenced within 6 months after the date of the foreclosure sale or sale in lieu of a foreclosure.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 40.459 is hereby amended to read as follows:
40.459 1. After the hearing, the court shall award a money judgment against the debtor, guarantor or surety who is personally liable for the debt. The court shall not render judgment for more than:
[1.] (a) The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale; [or
2.] (b) The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured, with interest from the date of sale [,] ; or
(c) If the person seeking the judgment acquired the right to obtain the judgment from a person who previously held that right, the amount by which the amount of the consideration paid for that right exceeds the fair market value of the property sold at the time of sale or the amount for which the property was actually sold, whichever is greater, with interest from the date of sale and reasonable costs,
Κ whichever is the lesser amount.
2. For the purposes of this section, the amount of the indebtedness does not include any amount received by, or payable to, the judgment creditor or beneficiary of the deed of trust pursuant to an insurance policy to compensate the judgment creditor or beneficiary for any losses incurred with respect to the property or the default on the debt.
Sec. 5.5. NRS 40.495 is hereby amended to read as follows:
40.495 1. The provisions of NRS 40.475 and 40.485 may be waived by the guarantor, surety or other obligor only after default.
κ2011 Statutes of Nevada, Page 1744 (CHAPTER 311, AB 273)κ
2. Except as otherwise provided in subsection [4,] 5, a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, may waive the provisions of NRS 40.430. If a guarantor, surety or other obligor waives the provisions of NRS 40.430, an action for the enforcement of that persons obligation to pay, satisfy or purchase all or part of an indebtedness or obligation secured by a mortgage or lien upon real property may be maintained separately and independently from:
(a) An action on the debt;
(b) The exercise of any power of sale;
(c) Any action to foreclose or otherwise enforce a mortgage or lien and the indebtedness or obligations secured thereby; and
(d) Any other proceeding against a mortgagor or grantor of a deed of trust.
3. If the obligee maintains an action to foreclose or otherwise enforce a mortgage or lien and the indebtedness or obligations secured thereby, the guarantor, surety or other obligor may assert any legal or equitable defenses provided pursuant to the provisions of NRS 40.451 to 40.463, inclusive.
4. If, before a foreclosure sale of real property, the obligee commences an action against a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, to enforce an obligation to pay, satisfy or purchase all or part of an indebtedness or obligation secured by a mortgage or lien upon the real property:
(a) The court must hold a hearing and take evidence presented by either party concerning the fair market value of the property as of the date of the commencement of the action. Notice of such hearing must be served upon all defendants who have appeared in the action and against whom a judgment is sought, or upon their attorneys of record, at least 15 days before the date set for the hearing.
(b) After the hearing, if the court awards a money judgment against the debtor, guarantor or surety who is personally liable for the debt, the court must not render judgment for more than:
(1) The amount by which the amount of the indebtedness exceeds the fair market value of the property as of the date of the commencement of the action; or
(2) If a foreclosure sale is concluded before a judgment is entered, the amount that is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured,
Κ whichever is the lesser amount.
5. The provisions of NRS 40.430 may not be waived by a guarantor, surety or other obligor if the mortgage or lien:
(a) Secures an indebtedness for which the principal balance of the obligation was never greater than $500,000;
(b) Secures an indebtedness to a seller of real property for which the obligation was originally extended to the seller for any portion of the purchase price;
(c) Is secured by real property which is used primarily for the production of farm products as of the date the mortgage or lien upon the real property is created; or
(d) Is secured by real property upon which:
κ2011 Statutes of Nevada, Page 1745 (CHAPTER 311, AB 273)κ
(1) The owner maintains the owners principal residence;
(2) There is not more than one residential structure; and
(3) Not more than four families reside.
6. As used in this section, foreclosure sale has the meaning ascribed to it in NRS 40.462.
Sec. 5.7. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in NRS 125B.050 and 217.007, and section 3.3 of this act, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
(d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owners fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.
κ2011 Statutes of Nevada, Page 1746 (CHAPTER 311, AB 273)κ
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
(f) An action to recover damages under NRS 41.740.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 5.8. Section 6 of Assembly Bill No. 284 of this session is hereby amended to read as follows:
Sec. 6. Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The trustee under a deed of trust must be:
(a) An attorney licensed to practice law in this State;
(b) A title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS;
(c) A person licensed pursuant to chapter 669 of NRS;
(d) A domestic or foreign entity which holds a current state business license issued by the Secretary of State pursuant to chapter 76 of NRS;
(e) A person who does business under the laws of this State, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;
(f) A person who is appointed as a fiduciary pursuant to NRS 662.245;
(g) A person who acts as a registered agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;
κ2011 Statutes of Nevada, Page 1747 (CHAPTER 311, AB 273)κ
(h) A person who acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he or she is not regularly engaged in the business of acting as a trustee for such trusts;
(i) A person who engages in the business of a collection agency pursuant to chapter 649 of NRS; or
(j) A person who engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A of NRS.
2. A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.
3. A trustee under a deed of trust must not:
(a) Lend its name or its corporate capacity to any person who is not qualified to be the trustee under a deed of trust pursuant to subsection 1.
(b) Act individually or in concert with any other person to circumvent the requirements of subsection 1.
4. A beneficiary of record may replace its trustee with another trustee. The appointment of a new trustee is not effective until the substitution of trustee is recorded in the office of the recorder of the county in which the real property is located.
5. The trustee does not have a fiduciary obligation to the grantor or any other person having an interest in the property which is subject to the deed of trust. The trustee shall act impartially and in good faith with respect to the deed of trust and shall act in accordance with the laws of this State. A rebuttable presumption that a trustee has acted impartially and in good faith exists if the trustee acts in compliance with the provisions of NRS 107.080. In performing acts required by NRS 107.080, the trustee incurs no liability for any good faith error resulting from reliance on information provided by the beneficiary regarding the nature and the amount of the default under the obligation secured by the deed of trust if the trustee corrects the good faith error not later than 20 days after discovering the error.
6. If, in an action brought by a grantor, a person who holds title of record or a beneficiary in the district court in and for the county in which the real property is located, the court finds that the trustee did not comply with this section, any other provision of this chapter or any applicable provision of chapter 106 or 205 of NRS, the court must award to the grantor, the person who holds title of record or the beneficiary:
(a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;
(b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and
(c) Reasonable attorneys fees and costs,
Κ unless the court finds good cause for a different award.
κ2011 Statutes of Nevada, Page 1748 (CHAPTER 311, AB 273)κ
Sec. 5.9. Section 14.5 of Assembly Bill No. 284 of this session is hereby amended to read as follows:
Sec. 14.5. The amendatory provisions of:
1. Section 1 of this act apply only to an assignment of a mortgage of real property, or of a mortgage of personal property or crops recorded before March 27, 1935, and any assignment of the beneficial interest under a deed of trust, which is made on or after [July] October 1, 2011.
2. Section 2 of this act apply only to an instrument by which any mortgage or deed of trust of, lien upon or interest in real property is subordinated or waived as to priority which is made on or after [July] October 1, 2011.
3. Section 5 of this act apply only to an instrument encumbering a borrowers real property to secure future advances from a lender within a mutually agreed maximum amount of principal, or an amendment to such an instrument, which is made on or after [July] October 1, 2011.
4. Section 9 of this act apply only to a notice of default and election to sell which is recorded pursuant to NRS 107.080, as amended by section 9 of this act, on or after [July] October 1, 2011.
Sec. 5.95. Section 15 of Assembly Bill No. 284 of this session is hereby amended to read as follows:
Sec. 15. This act becomes effective on [July] October 1, 2011.
Sec. 6. The amendatory provisions of:
1. Sections 1 to 3, inclusive, of this act apply only to an obligation secured by a mortgage, deed of trust or other encumbrance upon real property on or after the effective date of this act.
2. Sections 3.3 and 5.7 of this act apply only to an action commenced after a foreclosure sale or sale in lieu of a foreclosure sale that occurs on or after July 1, 2011.
3. Section 5.5 of this act apply only to an action against a guarantor, surety or other obligor commenced on or after the effective date of this act.
Sec. 7. 1. This section and sections 1 to 3, inclusive, 5, 5.5 and 5.8 to 6, inclusive, of this act become effective upon passage and approval.
2. Sections 3.3 and 5.7 of this act become effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1749κ
Assembly Bill No. 265Assemblyman Daly (by request)
CHAPTER 312
[Approved: June 10, 2011]
AN ACT relating to peace officers; revising the circumstances under which a law enforcement agency is prohibited from suspending a peace officer without pay during an investigation; authorizing a representative of a peace officer to attend an interview with the peace officer under certain circumstances; requiring a law enforcement agency to revise a peace officers work schedule for attending certain hearings and administrative proceedings; prohibiting the use in a criminal proceeding of a statement or answer of a peace officer obtained during an investigation under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a law enforcement agency to conduct an investigation of a peace officer in response to a complaint or allegation that the peace officer has engaged in activities which may result in punitive action. Existing law prohibits the law enforcement agency from suspending the peace officer without pay during the investigation until all investigations relating to the matter have concluded. (NRS 289.057) Section 1 of this bill prohibits the law enforcement agency from suspending the peace officer without pay except as otherwise provided in a collective bargaining agreement.
Existing law requires a law enforcement agency to notify a peace officer not later than 48 hours before conducting any interrogation or hearing relating to an investigation of the peace officer. (NRS 289.060) Section 1.5 of this bill imposes additional requirements by requiring the law enforcement agency to provide a written notice to any other peace officer the law enforcement agency believes has any knowledge of any fact relating to the complaint or allegation against the peace officer who is the subject of the investigation. The written notice must advise the peace officer that he or she must appear and be interviewed as a witness in connection with the investigation. Section 1.5 also limits the use of certain evidence discovered during the course of an investigation or hearing and prohibits the use of certain statements or answers made by a peace officer in any subsequent criminal proceeding.
Existing law further provides that, if a peace officer is the subject of an investigation of alleged misconduct, a law enforcement agency must interrogate the peace officer during his or her regular working hours, if practical, or compensate the peace officer for his or her time based on the peace officers wages, if no charges arise from the interrogation. (NRS 289.060) Section 1.5 of this bill deletes the requirement for the payment of compensation to the peace officer and instead requires the law enforcement agency to revise the peace officers work schedule to allow any time that is required for the interrogation to be deemed a part of the peace officers regular working hours. If the law enforcement agency does not interrogate the peace officer during his or her regular working hours and the peace officer receives a notice to appear for an interrogation at a time that he or she is off duty, section 1.5 requires the peace officer to be compensated for appearing at the interrogation based on his or her wages and any other benefits he or she is entitled to receive. Section 1.5 also applies these provisions to a peace officer who is interviewed as a witness in connection with an investigation.
κ2011 Statutes of Nevada, Page 1750 (CHAPTER 312, AB 265)κ
Existing law authorizes a peace officer who is the subject of an investigation of alleged misconduct to have two representatives present during the interrogation and hearing concerning the investigation. Any such representative is required, except under certain circumstances, to keep all information he or she learns concerning the investigation confidential. (NRS 289.080) Section 1.7 of this bill authorizes a peace officer who is a witness in an investigation to have two representatives present during an interview conducted concerning the investigation. Section 1.7 also requires any such representative to keep all information he or she learns concerning the investigation confidential.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.057 is hereby amended to read as follows:
289.057 1. An investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action.
2. [A] Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.
3. After the conclusion of the investigation:
(a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.
(b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.
Sec. 1.5. NRS 289.060 is hereby amended to read as follows:
289.060 1. Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 48 hours before any interrogation or hearing is held relating to an investigation conducted pursuant to NRS 289.057, provide a written notice to the peace officer [. A] who is the subject of the investigation. If the law enforcement agency believes that any other peace officer has any knowledge of any fact relating to the complaint or allegation against the peace officer who is the subject of the investigation, the law enforcement agency shall provide a written notice to the peace officer advising the peace officer that he or she must appear and be interviewed as a witness in connection with the investigation. Any peace officer who serves as a witness during an interview must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative authorized by NRS 289.080.
κ2011 Statutes of Nevada, Page 1751 (CHAPTER 312, AB 265)κ
reasonable opportunity to arrange for the presence and assistance of a representative authorized by NRS 289.080. Any peace officer specified in this subsection may waive the notice required pursuant to this section.
2. The notice provided to the peace officer who is the subject of the investigation must include:
(a) A description of the nature of the investigation;
(b) A summary of alleged misconduct of the peace officer;
(c) The date, time and place of the interrogation or hearing;
(d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation [;] or hearing;
(e) The name of any other person who will be present at any interrogation or hearing; and
(f) A statement setting forth the provisions of subsection 1 of NRS 289.080.
3. The law enforcement agency shall:
(a) [Interrogate] Interview or interrogate the peace officer during the peace officers regular working hours, if reasonably practicable, or [compensate the peace officer for that time based on the peace officers regular wages if no charges arise from the interrogation.] revise the peace officers work schedule to allow any time that is required for the interview or interrogation to be deemed a part of the peace officers regular working hours. Any such time must be calculated based on the peace officers regular wages for his or her regularly scheduled working hours. If the peace officer is not interviewed or interrogated during his or her regular working hours or if his or her work schedule is not revised pursuant to this paragraph and the law enforcement agency notifies the peace officer to appear at a time when he or she is off duty, the peace officer must be compensated for appearing at the interview or interrogation based on the wages and any other benefits the peace officer is entitled to receive for appearing at the time set forth in the notice.
(b) Immediately before [the] any interrogation or hearing begins, inform the peace officer who is the subject of the investigation orally on the record that:
(1) The peace officer is required to provide a statement and answer questions related to the peace officers alleged misconduct; and
(2) If the peace officer fails to provide such a statement or to answer any such questions, the agency may charge the peace officer with insubordination.
(c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer [.] who is the subject of the investigation. If any evidence is discovered during the course of an investigation or hearing which establishes or may establish any other possible misconduct engaged in by the peace officer, the law enforcement agency shall notify the peace officer of that fact and shall not conduct any further interrogation of the peace officer concerning the possible misconduct until a subsequent notice of that evidence and possible misconduct is provided to the peace officer pursuant to this chapter.
(d) Allow the peace officer who is the subject of the investigation or who is a witness in the investigation to explain an answer or refute a negative implication which results from questioning during an interview, interrogation or hearing.
κ2011 Statutes of Nevada, Page 1752 (CHAPTER 312, AB 265)κ
4. If a peace officer provides a statement or answers a question relating to the alleged misconduct of a peace officer who is the subject of an investigation pursuant to NRS 289.057 after the peace officer is informed that failing to provide the statement or answer may result in punitive action against him or her, the statement or answer must not be used against the peace officer who provided the statement or answer in any subsequent criminal proceeding.
Sec. 1.7. NRS 289.080 is hereby amended to read as follows:
289.080 1. Except as otherwise provided in subsection [3,] 4, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officers choosing present with the peace officer during any phase of an interrogation or hearing relating to [an] the investigation , [conducted pursuant to NRS 289.057,] including, without limitation, a lawyer, a representative of a labor union or another peace officer.
2. Except as otherwise provided in subsection 4, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officers choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.
3. A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing. The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.
[3.] 4. A representative must not otherwise be connected to, or the subject of, the same investigation.
[4.] 5. Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed .
6. Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:
(a) Request of the peace officer; or
(b) Lawful order of a court of competent jurisdiction.
Κ A law enforcement agency shall not take punitive action against a representative for the representatives failure or refusal to disclose such information.
[5.] 7. The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officers request and expense provide a copy of the:
(a) Stenographic transcript of the proceedings; or
(b) Recording on the digital or magnetic tape.
κ2011 Statutes of Nevada, Page 1753 (CHAPTER 312, AB 265)κ
[6.] 8. After the conclusion of the investigation, the peace officer who was the subject of the investigation or any representative of the peace officer may, if the peace officer appeals a recommendation to impose punitive action, review and copy the entire file concerning the internal investigation, including, without limitation, any recordings, notes, transcripts of interviews and documents contained in the file.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective on July 1, 2011.
________
Senate Bill No. 43Committee on Health and Human Services
CHAPTER 313
[Approved: June 13, 2011]
AN ACT relating to health care; requiring the Director of the Department of Health and Human Services to establish a statewide health information exchange system in accordance with federal law; requiring the Director to establish or contract with a nonprofit entity to govern the statewide health information exchange system; requiring the Director to prescribe standards to ensure the security and confidentiality of electronic health records; requiring the Director to take action necessary to comply with federal law concerning electronic health records and the statewide health information exchange system; making various changes relating to electronic health records; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The American Recovery and Reinvestment Act of 2009 includes the Health Information Technology for Economic and Clinical Health Act of 2009, otherwise known as the HITECH Act. (Public Law 111-5, 42 U.S.C. §§ 300jj et seq. and 17901 et seq.) The HITECH Act establishes various requirements with respect to electronic health records and health information exchange systems. This bill requires the establishment of a system that allows the exchange of electronic health information in accordance with the requirements of the HITECH Act and other federal law, authorizes the State to make use of electronic records and health information exchange systems, and requires protection of individual privacy and prevention of unauthorized access to health records.
Section 5 of this bill requires the Director of the Department of Health and Human Services to establish a statewide health information exchange system and specifies the Directors powers and duties. Section 6 of this bill requires the Director to establish or contract with not more than one nonprofit entity to govern the statewide health information exchange system. Section 6 requires the governing entity to have a governing body and authorizes the governing entity to hire or contract with a public or private entity to administer the statewide health information exchange system. Section 6 further requires the Director to certify health information exchanges who may then participate in the statewide health information exchange system. Section 6 requires the governing body to hold public meetings which are conducted in accordance with the Open Meeting Law.
κ2011 Statutes of Nevada, Page 1754 (CHAPTER 313, SB 43)κ
Section 7 of this bill requires the Director to prescribe standards for the security and confidentiality of electronic health records, health-related information and the statewide health information exchange system. Such standards must include the manner in which a person may remove or exclude health records or any portion thereof from the statewide health information exchange system. Section 8 of this bill imposes requirements upon persons who transmit electronic health records or participate in the statewide health information exchange system and makes it a misdemeanor to commit certain acts related to electronic health records, health information exchanges and the statewide health information exchange system. Section 8 further provides that a health care provider may not be required to participate in the statewide health information exchange system and may not be subject to disciplinary action for electing not to participate. Section 8 requires the Director to adopt regulations establishing the manner in which a person may file a complaint of violations with the Director and requires the Director to post that information as well as information about how to file a complaint involving a violation of federal law on the Internet website of the Department.
Section 9 of this bill provides immunity from liability to a health care provider for certain acts in connection with electronic health records and the statewide health information exchange system. Section 9.5 of this bill similarly provides immunity from liability to the governing entity of the statewide health information exchange system, the administrator of the system and health information exchanges for information which they include or cause to be included in the statewide health information exchange system in certain circumstances. Section 11 of this bill requires a patients consent for electronic transmittal of health care records or participation in the statewide health information exchange system, and specifies the rights of a patient. Section 12 of this bill ensures that electronic health records maintained in accordance with these provisions comply with other laws concerning written health care records and directives, access to health care records and confidentiality of health care records.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 4.9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Electronic health record has the meaning ascribed to it in 42 U.S.C. § 17921(5).
Sec. 4. (Deleted by amendment.)
Sec. 4.2. Health care provider has the meaning ascribed to it in 45 C.F.R. § 160.103.
Sec. 4.4. Health information exchange means an organization that provides for the electronic movement of health-related information across and among disparate organizations according to nationally recognized standards.
Sec. 4.6. Person means:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
κ2011 Statutes of Nevada, Page 1755 (CHAPTER 313, SB 43)κ
3. A government, a political subdivision of a government or an agency or instrumentality of a government or of a political subdivision of a government.
Sec. 4.8. Statewide health information exchange system means the system established pursuant to sections 2 to 12, inclusive, of this act for the electronic movement, storage, analysis and exchange of electronic health records, health-related information and related data.
Sec. 5. 1. The Director is the state authority for health information technology. The Director shall:
(a) Establish a statewide health information exchange system, including, without limitation, establishing or contracting with a governing entity for the system pursuant to section 6 of this act, and ensuring the system complies with the specifications and protocols for exchanging electronic health records, health-related information and related data prescribed pursuant to the provisions of the Health Information Technology for Economic and Clinical Health Act of 2009, 42 U.S.C. §§ 300jj et seq. and 17901 et seq., and other applicable federal and state law;
(b) Encourage the use of the statewide health information exchange system by health care providers, payers and patients;
(c) Prescribe by regulation standards for the electronic transmittal of electronic health records, prescriptions, health-related information, electronic signatures and requirements for electronic equivalents of written entries or written approvals in accordance with federal law;
(d) Prescribe by regulation rules governing the ownership, management and use of electronic health records, health-related information and related data in the statewide health information exchange system; and
(e) Prescribe by regulation, in consultation with the State Board of Pharmacy, standards for the electronic transmission of prior authorizations for prescription medication using a health information exchange.
2. The Director may enter into contracts, apply for and accept available gifts, grants and donations, and adopt such regulations as are necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.
Sec. 6. 1. The Director shall establish or contract with not more than one nonprofit entity to govern the statewide health information exchange system. The Director shall by regulation prescribe the requirements for that governing entity.
2. The governing entity established or contracted with pursuant to this section:
(a) Must comply with all federal and state laws governing such entities and health information exchanges.
(b) Must have a governing body which complies with all relevant requirements of federal law and which consists of representatives of health care providers, insurers, patients, employers and others who represent interests related to electronic health records and health information exchanges.
(c) Shall oversee and govern the exchange of electronic health records and health-related information within the statewide health information exchange system.
κ2011 Statutes of Nevada, Page 1756 (CHAPTER 313, SB 43)κ
(d) May, with the approval of the Director, hire or contract with a public or private entity to administer the statewide health information exchange system.
(e) May enter into contracts with any health information exchange which is certified by the Director pursuant to subsection 4 to participate in the statewide health information exchange system. The governing entity shall not enter into a contract with a health information exchange that is not certified.
(f) Is accountable to the Director, in his or her capacity as the state authority for health information technology, for carrying out the provisions of a contract entered into pursuant to this section.
(g) May apply for and accept available gifts, grants and donations for the support of the governing entity and the statewide health information exchange system.
3. The governing body of the governing entity shall hold public meetings at such times as required by the Director. Such meetings must be conducted in accordance with the provisions of chapter 241 of NRS.
4. The Director shall by regulation establish the manner in which a health information exchange may apply for certification and the requirements for granting such certification, which must include, without limitation, that the health information exchange demonstrate its financial and operational sustainability.
Sec. 7. 1. The Director shall by regulation prescribe standards:
(a) To ensure that electronic health records and the statewide health information exchange system are secure;
(b) To maintain the confidentiality of electronic health records and health-related information, including, without limitation, standards to maintain the confidentiality of electronic health records relating to a child who has received health care services without the consent of a parent or guardian and which ensure that a childs right to access such health care services is not impaired;
(c) To ensure the privacy of individually identifiable health information, including, without limitation, standards to ensure the privacy of information relating to a child who has received health care services without the consent of a parent or guardian;
(d) For obtaining consent from a patient before transmitting the patients health records to the health information exchange system, including, without limitation, standards for obtaining such consent from a child who has received health care services without the consent of a parent or guardian;
(e) For making any necessary corrections to information or records included in the statewide health information exchange system; and
(f) For notifying a patient if the confidentiality of information contained in an electronic health record of the patient is breached.
2. The standards prescribed pursuant to this section must include, without limitation:
(a) Training requirements for persons who work with electronic health records or the statewide health information exchange system;
(b) Requirements for the creation, maintenance and transmittal of electronic health records;
κ2011 Statutes of Nevada, Page 1757 (CHAPTER 313, SB 43)κ
(c) Requirements for protecting confidentiality, including control over, access to and the collection, organization and maintenance of electronic health records, health-related information and individually identifiable health information;
(d) Requirements for the manner in which the statewide health information exchange system will remove or exclude health records or any portion thereof upon the request of a person about whom the record pertains and the requirements for a person to make such a request;
(e) A secure and traceable electronic audit system for identifying access points and trails to electronic health records and health information exchanges; and
(f) Any other requirements necessary to comply with all applicable federal laws relating to electronic health records, health-related information, health information exchanges and the security and confidentiality of such records and exchanges.
Sec. 8. 1. A health care provider, insurer or other payer that elects to participate in the statewide health information exchange system must agree to comply with all requirements prescribed by the Director and imposed by the governing entity established or contracted with pursuant to section 6 of this act.
2. A health care provider may not be required to participate in the statewide health information exchange system and may not be subject to any disciplinary action for electing not to participate in the system.
3. The Director may prohibit a person from participating in the statewide health information exchange system if the person does not comply with the provisions of sections 2 to 12, inclusive, of this act, or the requirements prescribed by the Director and imposed by the governing entity established or contracted with pursuant to section 6 of this act.
4. Except as otherwise authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, a person shall not use, release or publish:
(a) Individually identifiable health information from an electronic health record or the statewide health information exchange system for a purpose unrelated to the treatment, care, well-being or billing of the person who is the subject of the information; or
(b) Any information contained in an electronic health record or the statewide health information exchange system for a marketing purpose.
5. Individually identifiable health information obtained from an electronic health record or the statewide health information exchange system concerning health care services received by a child without the consent of a parent or guardian of the child must not be disclosed to the parent or guardian of the child without the consent of the child which is obtained in the manner established pursuant to section 7 of this act.
6. A person who accesses an electronic health record, the statewide health information exchange system or a health information exchange without authority to do so is guilty of a misdemeanor and liable for any damages to any person that result from the unauthorized access.
7. The Director shall adopt regulations establishing the manner in which a person may file a complaint with the Director regarding a violation of the provisions of this section. The Director shall also post on the Internet website of the Department and publish in any other manner the Director deems necessary and appropriate information concerning the manner in which to file a complaint with the Director and the manner in which to file a complaint of a violation of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
κ2011 Statutes of Nevada, Page 1758 (CHAPTER 313, SB 43)κ
the Internet website of the Department and publish in any other manner the Director deems necessary and appropriate information concerning the manner in which to file a complaint with the Director and the manner in which to file a complaint of a violation of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
Sec. 9. A health care provider who with reasonable care relies upon an apparently genuine electronic health record accessed through the statewide health information exchange system to make a decision concerning the provision of health care to a patient is immune from civil or criminal liability for the decision if:
1. The electronic health record is inaccurate;
2. The inaccuracy was not caused by the health care provider;
3. The inaccuracy resulted in an inappropriate health care decision; and
4. The health care decision was appropriate based upon the information contained in the inaccurate electronic health record.
Sec. 9.5. The governing entity established or contracted with pursuant to section 6 of this act, a public or private entity with whom the governing entity contracts to administer the statewide health information system pursuant to section 6 of this act, and any health information exchange with which the governing entity contracts pursuant to section 6 of this act that with reasonable care includes or causes to be included in the statewide health information exchange system apparently genuine health-related information that was provided to the governing entity, administrator or health information exchange, as applicable, is immune from civil and criminal liability for including the information in the statewide health information exchange system if reliance on that information by a health care provider results in an undesirable or adverse outcome if:
1. The information in the statewide health information exchange system mirrors the information that was provided to the governing entity, administrator or health information exchange;
2. The health care provider was informed of known risks associated with the quality and accuracy of information included in the statewide health information exchange system;
3. Any inaccuracy in the information included in the statewide health information exchange system was not caused by the governing entity, administrator or the health information exchange; and
4. The information in the statewide health information exchange system:
(a) Was incomplete, if applicable, because a health care provider elected not to participate in the system; or
(b) Was not available, if applicable, because of operational issues with the system, which may include, without limitation, maintenance or inoperability of the system.
Sec. 10. Providing information to an electronic health record or participating in a health information exchange in accordance with sections 2 to 12, inclusive, of this act does not constitute an unfair trade practice pursuant to chapter 598A or 686A of NRS.
κ2011 Statutes of Nevada, Page 1759 (CHAPTER 313, SB 43)κ
Sec. 11. 1. Except as otherwise provided in subsection 2 of NRS 439.538, a patient must not be required to participate in a health information exchange. Before a patients health care records may be transmitted electronically or included in a health information exchange, the patient must be fully informed and consent, in the manner prescribed by the Director, to the transmittal or inclusion.
2. A patient must be notified in the manner prescribed by the Director of any breach of the confidentiality of electronic health records of the patient or a health information exchange.
3. A patient who consents to the inclusion of his or her electronic health record in a health information exchange may at any time request access to his or her electronic health record in accordance with the provisions of 45 C.F.R. § 164.526.
Sec. 12. 1. Except as otherwise prohibited by federal law:
(a) If a statute or regulation requires that a health care record, prescription, medical directive or other health-related document be in writing, or that such a record, prescription, directive or document be signed, an electronic health record, an electronic signature or the transmittal of health information in accordance with the provisions of sections 2 to 12, inclusive, of this act, and the regulations adopted pursuant thereto shall be deemed to comply with the requirements of the statute or regulation.
(b) If a statute or regulation requires that a health care record or information contained in a health care record be kept confidential, maintaining or transmitting that information in an electronic health record or the statewide health information exchange system in accordance with the provisions of sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto concerning the confidentiality of records shall be deemed to comply with the requirements of the statute or regulation.
2. As used in this section, health care record has the meaning ascribed to it in NRS 629.021.
Sec. 13. NRS 439.005 is hereby amended to read as follows:
439.005 As used in this chapter, unless the context requires otherwise:
1. Administrator means the Administrator of the Health Division.
2. Department means the Department of Health and Human Services.
3. Director means the Director of the Department.
4. Health authority means the officers and agents of the Health Division or the officers and agents of the local boards of health.
5. Health Division means the Health Division of the Department.
6. Individually identifiable health information has the meaning ascribed to it in 45 C.F.R. § 160.103.
Sec. 14. NRS 439.010 is hereby amended to read as follows:
439.010 [The] Except as otherwise provided in sections 2 to 12, inclusive, of this act, the provisions of this chapter must be administered by the Administrator and the Health Division, subject to administrative supervision by the Director.
Sec. 15. NRS 439.538 is hereby amended to read as follows:
439.538 1. If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of [the] :
κ2011 Statutes of Nevada, Page 1760 (CHAPTER 313, SB 43)κ
(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 [,] ; and
(b) Sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto,
Κ which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information.
2. A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his or her individually identifiable health information disclosed electronically to other covered entities, except:
(a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(b) As otherwise required by a state law.
(c) That a person who is a recipient of Medicaid or insurance pursuant to the Childrens Health Insurance Program may not opt out of having his or her individually identifiable health information disclosed electronically.
3. As used in this section [:
(a) Covered] , covered entity has the meaning ascribed to it in 45 C.F.R. § 160.103.
[(b) Individually identifiable health information has the meaning ascribed to it in 45 C.F.R. § 160.103.]
Sec. 16. NRS 439.580 is hereby amended to read as follows:
439.580 1. Any local health officer or a deputy of a local health officer who neglects or fails to enforce the provisions of this chapter in his or her jurisdiction, or neglects or refuses to perform any of the duties imposed upon him or her by this chapter or by the instructions and directions of the Health Division shall be punished by a fine of not more than $250.
2. Each person who violates any of the provisions of this chapter or refuses or neglects to obey any lawful order, rule or regulation of the :
(a) State Board of Health or violates any rule or regulation approved by the State Board of Health pursuant to NRS 439.350, 439.366, 439.410 and 439.460 ; or
(b) Director adopted pursuant to NRS 439.538 or sections 2 to 12, inclusive, of this act,
Κ is guilty of a misdemeanor.
Sec. 17. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance must comply with the regulations of the Board adopted pursuant to subsection 2.
2. The Board shall, by regulation, adopt requirements for:
(a) The form and content of a prescription for a controlled substance. The requirements may vary depending upon the schedule of the controlled substance.
(b) Transmitting a prescription for a controlled substance to a pharmacy. The requirements may vary depending upon the schedule of the controlled substance.
(c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.
κ2011 Statutes of Nevada, Page 1761 (CHAPTER 313, SB 43)κ
3. Except as otherwise provided in this subsection, the regulations adopted pursuant to subsection 2 must [ensure] :
(a) Ensure compliance with, but may be more stringent than required by, applicable federal law governing controlled substances and the rules, regulations and orders of any federal agency administering such law. The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law [.] ; and
(b) Be consistent with the provisions of sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
Sec. 18. NRS 454.223 is hereby amended to read as follows:
454.223 1. [Each] Except as otherwise provided in subsection 4, each prescription for a dangerous drug must be written on a prescription blank or as an order on the chart of a patient. A chart of a patient may be used to order multiple prescriptions for that patient.
2. A written prescription must contain:
(a) The name of the practitioner, the signature of the practitioner if the prescription was not transmitted orally and the address of the practitioner if not immediately available to the pharmacist;
(b) The classification of his or her license;
(c) The name of the patient, and the address of the patient if not immediately available to the pharmacist;
(d) The name, strength and quantity of the drug or drugs prescribed;
(e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to NRS 639.2352;
(f) Directions for use; and
(g) The date of issue.
3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
4. The Board shall adopt regulations concerning the electronic transmission of a prescription for a dangerous drug, which must be consistent with federal law and the provisions of sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
Sec. 19. NRS 433.332 is hereby amended to read as follows:
433.332 1. If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. §§ 290dd, 290dd-1 or 290dd-2 or NRS 439.538 [,] or section 11 of this act, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.
2. As used in this section, medical records includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.
κ2011 Statutes of Nevada, Page 1762 (CHAPTER 313, SB 43)κ
Sec. 20. NRS 603A.100 is hereby amended to read as follows:
603A.100 1. The provisions of this chapter do not apply to the maintenance or transmittal of information in accordance with sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
2. Any waiver of the provisions of this chapter is contrary to public policy, void and unenforceable.
Sec. 21. NRS 629.051 is hereby amended to read as follows:
629.051 1. Except as otherwise provided in this section and in regulations adopted by the State Board of Health pursuant to NRS 652.135 with regard to the records of a medical laboratory and unless a longer period is provided by federal law, each provider of health care shall retain the health care records of his or her patients as part of his or her regularly maintained records for 5 years after their receipt or production. Health care records may be retained in written form, or by microfilm or any other recognized form of size reduction, including, without limitation, microfiche, computer disc, magnetic tape and optical disc, which does not adversely affect their use for the purposes of NRS 629.061. Health care records may be created, authenticated and stored in a computer system which [limits access to those records.] meets the requirements of sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
2. A provider of health care shall post, in a conspicuous place in each location at which the provider of health care performs health care services, a sign which discloses to patients that their health care records may be destroyed after the period set forth in subsection 1.
3. When a provider of health care performs health care services for a patient for the first time, the provider of health care shall deliver to the patient a written statement which discloses to the patient that the health care records of the patient may be destroyed after the period set forth in subsection 1.
4. If a provider of health care fails to deliver the written statement to the patient pursuant to subsection 3, the provider of health care shall deliver to the patient the written statement described in subsection 3 when the provider of health care next performs health care services for the patient.
5. In addition to delivering a written statement pursuant to subsection 3 or 4, a provider of health care may deliver such a written statement to a patient at any other time.
6. A written statement delivered to a patient pursuant to this section may be included with other written information delivered to the patient by a provider of health care.
7. A provider of health care shall not destroy the health care records of a person who is less than 23 years of age on the date of the proposed destruction of the records. The health care records of a person who has attained the age of 23 years may be destroyed in accordance with this section for those records which have been retained for at least 5 years or for any longer period provided by federal law.
8. The provisions of this section do not apply to a pharmacist.
9. The State Board of Health shall adopt:
(a) Regulations prescribing the form, size, contents and placement of the signs and written statements required pursuant to this section; and
(b) Any other regulations necessary to carry out the provisions of this section.
κ2011 Statutes of Nevada, Page 1763 (CHAPTER 313, SB 43)κ
Sec. 22. NRS 639.0745 is hereby amended to read as follows:
639.0745 1. The Board may adopt regulations concerning the transfer of information between pharmacies relating to prescriptions.
2. The Board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug. The regulations must be consistent with sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto and must establish procedures to:
(a) Ensure the security and confidentiality of the data that is transmitted between:
(1) The practitioner and the pharmacy;
(2) The practitioner and an insurer of the person for whom the prescription is issued; and
(3) The pharmacy and an insurer of the person for whom the prescription is issued.
(b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.
(c) Verify the authenticity of a signature that is produced:
(1) By the computer or other electronic device; or
(2) Manually by the practitioner.
3. The Board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
Κ The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.
Sec. 23. NRS 639.2353 is hereby amended to read as follows:
639.2353 Except as otherwise provided in a regulation adopted pursuant to NRS 453.385 or 639.2357:
1. A prescription must be given:
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the practitioner;
(c) By an oral order transmitted by an agent of the practitioner; or
(d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.
2. A written prescription must contain:
(a) Except as otherwise provided in this section, the name and signature of the practitioner, and the address of the practitioner if not immediately available to the pharmacist;
(b) The classification of his or her license;
κ2011 Statutes of Nevada, Page 1764 (CHAPTER 313, SB 43)κ
(c) The name of the patient, and the address of the patient if not immediately available to the pharmacist;
(d) The name, strength and quantity of the drug prescribed;
(e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to NRS 639.2352;
(f) Directions for use; and
(g) The date of issue.
3. The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
4. Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.
5. A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law [.] and sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
6. A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:
(a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; [or]
(b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner [.] ; or
(c) It complies with the provisions of sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
Sec. 24. NRS 639.2583 is hereby amended to read as follows:
639.2583 1. Except as otherwise provided in this section, if a practitioner has prescribed a drug by brand name and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another drug which is available to him or her if the other drug:
(a) Is less expensive than the drug prescribed by brand name;
(b) Is biologically equivalent to the drug prescribed by brand name;
(c) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name; and
(d) Is of the same generic type as the drug prescribed by brand name.
2. If the pharmacist has available to him or her more than one drug that may be substituted for the drug prescribed by brand name, the pharmacist shall dispense, in substitution, the least expensive of the drugs that are available to him or her for substitution.
3. Before a pharmacist dispenses a drug in substitution for a drug prescribed by brand name, the pharmacist shall:
(a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug in substitution; and
κ2011 Statutes of Nevada, Page 1765 (CHAPTER 313, SB 43)κ
(b) Advise the person that he or she may refuse to accept the drug that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.
4. If a person refuses to accept the drug that the pharmacist intends to dispense in substitution, the pharmacist shall dispense the drug prescribed by brand name, unless the pharmacist is being paid for the drug by a governmental agency, in which case the pharmacist shall dispense the drug in substitution.
5. A pharmacist shall not dispense a drug in substitution for a drug prescribed by brand name if the practitioner has indicated that a substitution is prohibited using one or more of the following methods:
(a) By oral communication to the pharmacist at any time before the drug is dispensed.
(b) By handwriting the words Dispense as Written on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine. The pharmacist shall disregard the words Dispense as Written if they have been placed on the form used for the prescription by preprinting or other mechanical process or by any method other than handwriting.
(c) By including the words Dispense as Written in any prescription that is given to the pharmacist by electronic transmission pursuant to the regulations of the Board [,] or in accordance with sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto, including, without limitation, an electronic transmission from a computer equipped with a facsimile modem to a facsimile machine or from a computer to another computer pursuant to the regulations of the Board.
6. The provisions of this section also apply to a prescription issued to a person by a practitioner from outside this State if the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited.
7. The provisions of this section do not apply to:
(a) A prescription drug that is dispensed to any inpatient of a hospital by an inpatient pharmacy which is associated with that hospital;
(b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to provide service by mail order or other common carrier pursuant to the provisions of this chapter; or
(c) A prescription drug that is dispensed to any person by a pharmacist if the substitution:
(1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs; or
(2) Would otherwise make the transaction ineligible for reimbursement by a third party.
Sec. 25. NRS 719.200 is hereby amended to read as follows:
719.200 1. Except as otherwise provided in subsection 2, the provisions of this chapter apply to electronic records and electronic signatures relating to a transaction.
2. The provisions of this chapter do not apply to a transaction to the extent it is governed by:
κ2011 Statutes of Nevada, Page 1766 (CHAPTER 313, SB 43)κ
(a) A law governing the creation and execution of wills, codicils or testamentary trusts; [or]
(b) The Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive [.] ; or
(c) The provisions of sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
3. The provisions of this chapter apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection 2 to the extent it is governed by a law other than those specified in subsection 2.
4. A transaction subject to the provisions of this chapter is also subject to other applicable substantive law.
Sec. 26. NRS 720.140 is hereby amended to read as follows:
720.140 1. [The] Except as otherwise provided in this subsection, the provisions of this chapter apply to any transaction for which a digital signature is used to sign an electronic record. The provisions of this chapter do not apply to a digital signature that is used to sign an electronic health record in accordance with sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
2. As used in this section, electronic record has the meaning ascribed to it in NRS 719.090.
Sec. 26.5. The Director of the Department of Health and Human Services, the State Board of Pharmacy and any other state agency designated by either of them shall conduct a collaborative study to determine the manner in which to provide for standardization of the electronic transmission of prior authorizations for prescription medications using the statewide health information exchange system. The results of the study must be used by the Director in adopting appropriate regulations pursuant to section 5 of this act.
Sec. 27. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 1767κ
Senate Bill No. 54Committee on Health and Human Services
CHAPTER 314
[Approved: June 13, 2011]
AN ACT relating to nursing facilities; revising provisions governing the Fund to Increase the Quality of Nursing Care; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, each nursing facility that is licensed in this State is required to pay a fee to the Division of Health Care Financing and Policy of the Department of Health and Human Services in an amount determined by the Division. (NRS 422.3775) The fees collected by the Division are required to be deposited in the Fund to Increase the Quality of Nursing Care and used to increase rates paid to nursing facilities for providing services to Medicaid recipients and to administer the assessment of the fees. Existing law prohibits the money in the Fund from being used to replace existing state expenditures paid to nursing facilities. (NRS 422.3785) This bill removes that prohibition.
Existing law further provides that if federal law or regulation prohibits the money in the Fund from being used in the manner specified by statute, the rates must be set at certain amounts. (NRS 422.3785) Section 1 of this bill instead provides that in such circumstances, the rates must be changed to the rates provided by the Division. Section 2 of this bill expires the provisions of the bill on July 1, 2013.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.3785 is hereby amended to read as follows:
422.3785 1. There is hereby created in the State Treasury the Fund to Increase the Quality of Nursing Care, to be administered by the Division.
2. The Fund to Increase the Quality of Nursing Care must be a separate and continuing fund, and no money in the Fund reverts to the State General Fund at any time. The interest and income on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
3. Any money received by the Division pursuant to NRS 422.3755 to 422.379, inclusive, must be deposited in the State Treasury for credit to the Fund to Increase the Quality of Nursing Care, and must be expended, to the extent authorized by federal law, to obtain federal financial participation in the Medicaid Program, and in the manner set forth in subsection 4.
4. Expenditures from the Fund to Increase the Quality of Nursing Care must be used only:
(a) To increase the rates paid to nursing facilities for providing services pursuant to the Medicaid Program ; [and may not be used to replace existing state expenditures paid to nursing facilities for providing services pursuant to the Medicaid Program;] and
κ2011 Statutes of Nevada, Page 1768 (CHAPTER 314, SB 54)κ
(b) To administer the provisions of NRS 422.3755 to 422.379, inclusive. The amount expended pursuant to this paragraph must not exceed 1 percent of the money received from the fees assessed pursuant to NRS 422.3755 to 422.379, inclusive, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.
5. If federal law or regulation prohibits the money in the Fund to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed [:
(a) Except as otherwise provided in paragraph (b), to the rates paid to such facilities on June 30, 2003; or
(b) If the Legislature or the Division has on or after July 1, 2003, changed the rates paid to such facilities through a manner otherthan the use of expenditures from the Fund to Increase the Quality of Nursing Care,] to the rates provided for by the [Legislature or the] Division.
Sec. 2. This act becomes effective upon passage and approval and expires by limitation on July 1, 2013.
________
Senate Bill No. 60Committee on Commerce, Labor and Energy
CHAPTER 315
[Approved: June 13, 2011]
AN ACT relating to energy; revising certain provisions governing the administration of the Fund for Renewable Energy, Energy Efficiency and Energy Conservation Loans; authorizing the Director of the Office of Energy to enter into agreements and cooperate with third parties for certain purposes; authorizing the Director to make loans from the Fund to qualified applicants for the construction of an energy efficiency project or an energy conservation project, the construction, expansion or operation of a renewable energy system or the manufacturing of components of a renewable energy system; authorizing the Director to use the interest earned from money in loans from the Fund and interest earned on loans made from the Fund to defray certain costs and expenses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Fund for Renewable Energy, Energy Efficiency and Energy Conservation Loans and authorizes the Director of the Office of Energy to make loans from the Fund for the construction of certain renewable energy projects. (NRS 701.545-701.595) Section 7 of this bill authorizes the Director to enter into agreements or cooperate with third parties to provide for enhanced leveraging, additional financing mechanisms or certain programs for the purpose of expanding the scope of financial assistance available from the Fund. Section 8 of this bill expands the scope of financial assistance available from the Fund to include loans to qualified applicants for the construction of energy conservation projects, the construction of energy efficiency projects and the manufacturing of components of a renewable energy system, in addition to loans that are currently available to owners or operators of renewable energy systems for the construction of renewable energy projects.
κ2011 Statutes of Nevada, Page 1769 (CHAPTER 315, SB 60)κ
or operators of renewable energy systems for the construction of renewable energy projects. Section 8 additionally requires the Director, before approving an applicant for financial assistance from the Fund, to consider any other funding sources available to the applicant if the applicant received money for the energy efficiency or energy conservation project from another governmental entity and further authorizes the Director to use the interest earned from money in the Fund and interest earned on loans made from the Fund to defray certain costs and expenses. Section 4 of this bill expands the scope of financial assistance available from the Fund to include loans to qualified governmental entities and other applicants for the construction, expansion or operation of renewable energy systems or for the manufacturing of components of a renewable energy system.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Energy conservation project means a project designed, intended or used to improve energy conservation or to reduce the wasteful, inefficient, unnecessary or uneconomical use of energy.
Sec. 3. Energy efficiency project means a project designed, intended or used to improve energy efficiency or to reduce the consumption of energy that is necessary to provide a certain product, function or service.
Sec. 4. Qualified applicant means a person or governmental entity engaged in:
1. The construction or operation of an energy conservation project;
2. The construction or operation of an energy efficiency project;
3. The construction, expansion or operation of a renewable energy system; or
4. The manufacturing of components of a renewable energy system.
Sec. 5. NRS 701.545 is hereby amended to read as follows:
701.545 As used in NRS 701.545 to 701.595, inclusive, and sections 2, 3 and 4 of this act, the words and terms defined in NRS 701.550 to 701.570, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 701.580 is hereby amended to read as follows:
701.580 1. The interest and income earned on money in the Fund and the Account for Set-Aside Programs must be credited to the Fund and the Account for Set-Aside Programs, respectively.
2. All payments of principal and interest on all loans made to a [renewable energy system] qualified applicant and all proceeds from the sale, refunding or prepayment of obligations of a [renewable energy system] qualified applicant acquired or loans made in carrying out the purposes of the Fund must be deposited in the State Treasury for credit to the Fund.
3. The Director may accept gifts, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Fund, or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the American Recovery and Reinvestment Act.
κ2011 Statutes of Nevada, Page 1770 (CHAPTER 315, SB 60)κ
4. Only federal money deposited in a separate subaccount of the Fund, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Fund, may be used to benefit [renewable energy systems not governmentally owned.] a qualified applicant who is not a governmental entity.
Sec. 7. NRS 701.585 is hereby amended to read as follows:
701.585 1. The Director shall:
(a) Use the money in the Fund and the Account for Set-Aside Programs for the purposes set forth in the American Recovery and Reinvestment Act.
(b) Determine whether [renewable energy systems which receive] a qualified applicant who receives money or other assistance from the Fund or the Account for Set-Aside Programs [comply] complies with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
2. The Director may:
(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Fund and the Account for Set-Aside Programs.
(b) Bind the Office of Energy to terms of the required agreements.
(c) Accept grants made pursuant to the American Recovery and Reinvestment Act.
(d) Manage the Fund and the Account for Set-Aside Programs in accordance with the requirements and objectives of the American Recovery and Reinvestment Act.
(e) Provide services relating to management and administration of the Fund and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by agencies or organizations through interagency agreement, contract or memorandum of understanding, set-aside programs pursuant to the American Recovery and Reinvestment Act.
(g) Enter into agreements or cooperate with third parties to provide for enhanced leveraging of money in the Fund, additional financing mechanisms or any other program or combination of programs for the purpose of expanding the scope of financial assistance available from the Fund.
3. The Director shall not commit any money in the Fund for expenditure for the purposes set forth in NRS 701.590 without obtaining the prior approval of the Legislature or the Interim Finance Committee if the Legislature is not in session.
Sec. 8. NRS 701.590 is hereby amended to read as follows:
701.590 1. Except as otherwise provided in subsection 6 and NRS 701.580, money in the Fund, including repayments of principal and interest on loans, and interest and income earned on money in the Fund, may be used only to make loans at a rate of not more than 3 percent to [renewable energy systems] a qualified applicant for [the] :
(a) The construction of an energy conservation project;
(b) The construction of an energy efficiency project;
(c) The construction or expansion of a renewable energy [projects.] system; or
(d) The manufacturing of components of a renewable energy system.
2. Money in the Account for Set-Aside Programs may be used only to fund set-aside programs authorized by the American Recovery and Reinvestment Act.
κ2011 Statutes of Nevada, Page 1771 (CHAPTER 315, SB 60)κ
Reinvestment Act. Money in the Account for Set-Aside Programs may be transferred to the Fund pursuant to the American Recovery and Reinvestment Act.
3. A [renewable energy system which] qualified applicant who requests a loan or other financial assistance must demonstrate that [it] the qualified applicant has:
(a) Complied with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to ensure that [it] the qualified applicant has the capability to comply with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
4. Money from the Fund may not be given to a qualified applicant for the expansion of an existing renewable energy system unless [it] the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto. [A new renewable energy system, to] To receive such funding [,] for the construction of a new renewable energy system, a qualified applicant must demonstrate that [it] the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
5. The Director shall, before approving an applicant for financial assistance from the Fund, consider whether the applicant has received or is eligible to receive from any other governmental entity any money or other financial incentive, including, without limitation, any grant, loan, tax credit or abatement of any tax for the purpose of financing in whole or in part the energy efficiency or energy conservation project of the applicant.
6. The Director may use the interest earned on money in the Fund and the interest earned on loans made from the Fund to defray, in whole or in part, the costs and expenses of administering the Fund and to carry out the purposes of NRS 701.545 to 701.595, inclusive, and sections 2, 3 and 4 of this act.
7. The Director shall give preference to qualified applicants seeking funding or assistance from the Fund for larger energy conservation projects, energy efficiency projects or renewable energy systems. The Director shall, by regulation, define larger energy conservation projects, energy efficiency projects or renewable energy systems for purposes of this section.
Sec. 9. NRS 701.595 is hereby amended to read as follows:
701.595 The Director may adopt such regulations as are necessary to carry out the provisions of NRS 701.545 to 701.595, inclusive [.] , and sections 2, 3 and 4 of this act.
Sec. 10. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1772κ
Senate Bill No. 94Senator McGinness
CHAPTER 316
[Approved: June 13, 2011]
AN ACT relating to district courts; providing for the realignment of certain judicial districts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for this State to be divided into nine judicial districts. (Nev. Const. Art. 6, § 5; NRS 3.010) The Nevada Constitution authorizes the Legislature, under certain circumstances, to: (1) alter the boundaries or divisions of those judicial districts; (2) increase or diminish the number of those judicial districts; and (3) increase or diminish the number of judges in those judicial districts. (Nev. Const. Art. 6, § 5) Section 2 of this bill increases the number of judicial districts in this State from 9 to 10 judicial districts. Section 2 also removes Churchill County from the Third Judicial District and provides that Churchill County constitutes the Tenth Judicial District. (NRS 3.010) Sections 1 and 3 of this bill decrease the number of district judges in the Third Judicial District from three to two and provide that the Tenth Judicial District will have one district judge. (NRS 3.013)
Section 4 of this bill: (1) clarifies that this bill does not affect the current term of any district judge who is serving in that office on January 1, 2012; and (2) provides that on January 1, 2012, the district judge who was serving in Department 1 of the Third Judicial District becomes the one district judge for the Tenth Judicial District and the district judges who were serving in Departments 2 and 3 of the Third Judicial District continue serving as the two district judges for the Third Judicial District.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
For the Tenth Judicial District there must be one district judge.
Sec. 2. NRS 3.010 is hereby amended to read as follows:
3.010 The State is hereby divided into [nine] 10 judicial districts, as follows:
First Judicial District. Carson City and the County of Storey constitute the First Judicial District.
Second Judicial District. The County of Washoe constitutes the Second Judicial District.
Third Judicial District. The [Counties] County of [Churchill and] Lyon [constitute] constitutes the Third Judicial District.
Fourth Judicial District. The County of Elko constitutes the Fourth Judicial District.
Fifth Judicial District. The Counties of Mineral, Esmeralda and Nye constitute the Fifth Judicial District.
κ2011 Statutes of Nevada, Page 1773 (CHAPTER 316, SB 94)κ
Sixth Judicial District. The Counties of Lander, Pershing and Humboldt constitute the Sixth Judicial District.
Seventh Judicial District. The Counties of Eureka, White Pine and Lincoln constitute the Seventh Judicial District.
Eighth Judicial District. The County of Clark constitutes the Eighth Judicial District.
Ninth Judicial District. The County of Douglas constitutes the Ninth Judicial District.
Tenth Judicial District. The County of Churchill constitutes the Tenth Judicial District.
Sec. 3. NRS 3.013 is hereby amended to read as follows:
3.013 For the Third Judicial District there must be [three] two district judges.
Sec. 4. 1. The amendatory provisions of this act do not abrogate or affect the current term of office of any district judge who is serving in that office on January 1, 2012.
2. On January 1, 2012:
(a) The district judge who was serving in Department 1 of the Third Judicial District before January 1, 2012, becomes the one district judge for the Tenth Judicial District; and
(b) The district judges who were serving in Departments 2 and 3 of the Third Judicial District before January 1, 2012, continue serving as the two district judges for the Third Judicial District.
Sec. 5. This act becomes effective on January 1, 2012.
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κ2011 Statutes of Nevada, Page 1774κ
Senate Bill No. 106Senator Settelmeyer
CHAPTER 317
[Approved: June 13, 2011]
AN ACT relating to Nevada Magazine; expanding the purposes for which Nevada Magazine is authorized to trade its advertising services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Commission on Tourism, through its Division of Publications, publishes Nevada Magazine. (NRS 231.280) Under existing law, Nevada Magazine is authorized to trade its advertising services for travel services or for advertising services with other publications. The trades are only authorized for services for which a fair market value can be established, and the trades are required to be properly accounted for in the Fund for the Nevada Magazine and approved by the State Board of Examiners. (NRS 231.290) This bill authorizes Nevada Magazine to trade its advertising services for additional services and products that promote or benefit Nevada Magazine.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.290 is hereby amended to read as follows:
231.290 1. The Fund for the Nevada Magazine is hereby created as an enterprise fund.
2. All receipts from publication of the Nevada Magazine and from any other operation conducted by the magazine must be deposited with the State Treasurer for credit to the Fund, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the Fund. Claims against the Fund must be paid as other claims against the State are paid.
3. This section does not preclude Nevada Magazine from trading its advertising services for services or products that promote or benefit Nevada Magazine, including, without limitation, travel services which are required by Nevada Magazine [or from trading its] , circulation services, sponsorship of awards, memberships, entry fees for trade shows and advertising services with other publications , [to promote Nevada Magazine] if:
(a) A fair market value can be established for the [services;] service or product;
(b) The [services are] trade is accounted for in the Fund; and
(c) The State Board of Examiners approves the trade.
Sec. 2. This act becomes effective on July 1, 2011.
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κ2011 Statutes of Nevada, Page 1775κ
Senate Bill No. 113Committee on Health and Human Services
CHAPTER 318
[Approved: June 13, 2011]
AN ACT relating to children; requiring foster homes to develop and implement plans to care for children during a disaster; requiring agencies which provide child welfare services to develop and implement such plans; requiring the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations to establish the minimum requirements and procedures for such plans; requiring the Division to develop a plan to care for children in the custody of another agency which provides child welfare services during a disaster; providing a penalty in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 5 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations in consultation with other agencies which provide child welfare services to establish minimum requirements and procedures for plans regarding the care of children in their custody during a disaster. In addition, section 5 requires each agency which provides child welfare services to develop and implement a plan for the care of children in its custody during a disaster which is consistent with those regulations and provide a copy of that plan to each person or entity who has physical custody of such children. Section 6 of this bill requires the Division to develop a plan for the care of children in the custody of other agencies which provide child welfare services during a disaster to ensure that the Division is prepared to meet the needs of those children if the other agency is unable to meet those needs. Section 1 of this bill requires a foster home to develop and implement a plan for the care of children in the foster home during a disaster which is consistent with plans and regulations adopted by the Division and other agencies which provide child welfare services pursuant to sections 5 and 6. Sections 8 and 9 of this bill similarly require a facility for the detention of children to develop and implement such a plan which is consistent with the plans and regulations adopted pursuant to sections 5 and 6.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A licensee that operates a foster home shall develop and implement a plan for the care of children in the foster home during a disaster. The plan must be developed and implemented in accordance with the plans and regulations adopted pursuant to sections 4 and 5 of this act.
2. As used in this section, disaster has the meaning ascribed to it in section 4 of this act.
κ2011 Statutes of Nevada, Page 1776 (CHAPTER 318, SB 113)κ
Sec. 2. NRS 424.090 is hereby amended to read as follows:
424.090 The provisions of NRS 424.020 to 424.090, inclusive, and section 1 of this act do not apply to homes in which:
1. Care is provided only for a neighbors or friends child on an irregular or occasional basis for a brief period, not to exceed 90 days.
2. Care is provided by the legal guardian.
3. Care is provided for an exchange student.
4. Care is provided to enable a child to take advantage of educational facilities that are not available in his or her home community.
5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division.
6. Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is:
(a) Related to the caregiver by blood, adoption or marriage; and
(b) Not in the custody of an agency which provides child welfare services.
7. Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS if:
(a) The caregiver is related to the child within the fifth degree of consanguinity; and
(b) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.
Sec. 4. As used in sections 4, 5 and 6 of this act, unless the context otherwise requires, disaster means a fire, flood, earthquake, explosion, civil disturbance or any other occurrence or threatened occurrence that, regardless of cause:
1. Results in, or may result in, widespread or severe damage to property or injury to, or the death of, children in the custody of an agency which provides child welfare services; or
2. As determined by the Division, requires immediate action to protect the health, safety and welfare of children in the custody of an agency which provides child welfare services.
Sec. 5. 1. Each agency which provides child welfare services shall develop and implement a plan for the care of children in its custody during a disaster. The plan must be developed and implemented in accordance with the regulations adopted pursuant to subsection 2 and must be provided to each person or entity which has physical custody of the children.
2. The Division shall, in consultation with each other agency which provides child welfare services, adopt regulations which concern the development and implementation of plans for the care of children in the custody of an agency which provides child welfare services during a disaster and which establish the minimum requirements and procedures for such plans. Such regulations must require that the plans include, without limitation, a plan for:
(a) Providing temporary shelter to children;
(b) Evacuating children from the home;
κ2011 Statutes of Nevada, Page 1777 (CHAPTER 318, SB 113)κ
(c) Caring for children with disabilities or who have special medical needs;
(d) Communicating with the persons or entities which have physical custody of the children before, during and after a disaster;
(e) Coordinating with other emergency management entities and juvenile courts during a disaster; and
(f) Providing services to children to address the emotional impact of the disaster.
3. The regulations adopted pursuant to subsection 2 must include, without limitation, regulations concerning the development and implementation of plans for the care of children in the custody of an agency which provides child welfare services who have been placed in a facility for the detention of children.
Sec. 6. 1. The Division shall develop a plan for the care of children in the custody of other agencies which provide child welfare services during a disaster to ensure that the Division is prepared to meet the needs of children in the custody of each other agency which provides child welfare services if an agency is unable to meet the needs of children in its custody during a disaster. The Division may implement the plan at any time if the Division determines that it is necessary, regardless of whether the agency which provides child welfare services has requested assistance.
2. The Division shall provide such training as it deems necessary to ensure that staff is aware of the plan that is developed and that the staff responsible for carrying out the plan understand their responsibilities and are prepared to carry out those responsibilities. Any such training may include, without limitation, exercises to allow staff to practice carrying out their responsibilities during a disaster.
3. The Division shall submit to the Legislative Committee on Child Welfare and Juvenile Justice and post on its Internet website a summary of the plan for the care of children during a disaster developed pursuant to this section. If the Division makes any changes to the plan, the Division shall provide to the Committee and post on its Internet website an updated summary of the plan.
Sec. 7. NRS 432.0305 is hereby amended to read as follows:
432.0305 The Department, through the Division, shall:
1. Observe and study the changing nature and extent of the need for child welfare services and develop through tests and demonstrations effective ways of meeting those needs.
2. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including the adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of programs for child welfare, and in increasing the efficiency of those programs by prompt and judicious use of new federal grants which will assist the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive [.] , and sections 4, 5 and 6 of this act. The Department shall consider any request for a change in the state plan submitted by an agency which provides child welfare services.
κ2011 Statutes of Nevada, Page 1778 (CHAPTER 318, SB 113)κ
3. Enter into reciprocal agreements with other states relative to services for child welfare and institutional care, when deemed necessary or convenient by the Administrator.
4. Enter into agreements with an agency which provides child welfare services in a county whose population is 100,000 or more when deemed necessary or convenient by the Administrator.
5. Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and sections 4, 5 and 6 of this act and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the Legislature.
Sec. 8. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A facility for the detention of children to which a juvenile court commits a child shall develop and implement a plan for the care of children in the facility during disasters. The plan must be developed and implemented in accordance with the plans and regulations adopted pursuant to sections 4 and 5 of this act.
2. As used in this section, disaster has the meaning ascribed to it in section 4 of this act.
Sec. 9. Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The superintendent of a facility shall develop and implement a plan for the care of children in the facility during disasters. The plan must be developed and implemented in accordance with the plans and regulations adopted pursuant to sections 4 and 5 of this act.
2. As used in this section, disaster has the meaning ascribed to it in section 4 of this act.
Sec. 10. This act becomes effective on July 1, 2011.
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