[Rev. 1/30/2019 4:21:15 PM]
κ2013 Statutes of Nevada, Page 537 (CHAPTER 156, SB 106)κ
1. The provisions of NRS 62E.100 to 62E.300, inclusive, and section 9 of this act apply to the disposition of a case involving any child who is found to be within the purview of this title.
2. In addition to any other orders or actions authorized or required by the provisions of this title, if a child is found to be within the purview of this title:
(a) The juvenile court may issue any orders or take any actions set forth in NRS 62E.100 to 62E.300, inclusive, and section 9 of this act that the juvenile court deems proper for the disposition of the case; and
(b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.
Sec. 12. NRS 483.443 is hereby amended to read as follows:
483.443 1. The Department shall, upon receiving notification from a district attorney or other public agency collecting support for children pursuant to NRS 425.510 that a court has determined that a person:
(a) Has failed to comply with a subpoena or warrant relating to a proceeding to establish paternity or to establish or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more children,
Κ send a written notice to that person that his or her drivers license is subject to suspension.
2. The notice must include:
(a) The reason for the suspension of the license;
(b) The information set forth in subsections 3, 5 and 6; and
(c) Any other information the Department deems necessary.
3. If a person who receives a notice pursuant to subsection 1 does not, within 30 days after receiving the notice, comply with the subpoena or warrant or satisfy the arrearage as required in NRS 425.510, the Department shall suspend the license without providing the person with an opportunity for a hearing.
4. The Department shall suspend immediately the license of a defendant if so ordered pursuant to NRS 176.064 [.] or section 4 of this act.
5. The Department shall reinstate the drivers license of a person whose license was suspended pursuant to this section if it receives:
(a) A notice from the district attorney or other public agency pursuant to NRS 425.510 that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to that section , [or] from a district judge that a delinquency for which the suspension was ordered pursuant to NRS 176.064 has been discharged [;] or from a judge of the juvenile court that an unsatisfied civil judgment for which the suspension was ordered pursuant to section 4 of this act has been satisfied; and
(b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.
6. The Department shall not require a person whose drivers license was suspended pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of the license.
Sec. 13. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 538κ
Senate Bill No. 125Senator Kihuen
Joint Sponsor: Assemblyman Munford
CHAPTER 157
[Approved: May 25, 2013]
AN ACT relating to interscholastic events; revising provisions relating to the rules and regulations of the Nevada Interscholastic Activities Association; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing regulations, the Nevada Interscholastic Activities Association may approve certain games, contests and meets in which all-star teams participate if the game, contest or meet is approved by the National Collegiate Athletics Association, or its successor organization, and the National Federation of State High School Associations, or its successor organization. (NAC 386.693) Section 1 of this bill provides that the rules and regulations adopted by the Nevada Interscholastic Activities Association must provide criteria to be used by the Nevada Interscholastic Activities Association when determining whether to approve or disapprove the staging of all-star games, contests or meets by any other organization and the participation of all-star teams in games, contests and meets without approval from any other organization. Section 3 of this bill requires the Nevada Interscholastic Activities Association, on or before June 30, 2014, to amend its rules and regulations as necessary to conform to the provisions of section 1. Section 3.5 of this bill authorizes the Nevada Interscholastic Activities Association to approve the staging of all-star games, contests or meets by any other organization and the participation of all-star teams in games, contests or meets without approval from any other organization during the period between the passage and approval of this bill and the adoption by the Nevada Interscholastic Activities Association of the rules and regulations required by section 3.
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 386 of NRS is hereby amended by adding thereto a new section to read as follows:
The rules and regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.430 must provide criteria to be used by the Association when determining whether to approve or disapprove:
1. The staging of an all-star game, contest or meet by any other organization; and
2. The participation of an all-star team in a game, contest or meet regardless of whether the game, contest or meet is approved by any other organization.
Sec. 2. NRS 386.430 is hereby amended to read as follows:
386.430 1. The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive [.]
κ2013 Statutes of Nevada, Page 539 (CHAPTER 157, SB 125)κ
chapter 233B of NRS as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive [.] , and section 1 of this act. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events. In addition to the regulations governing eligibility, a homeschooled child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to NRS 392.705.
2. The Nevada Interscholastic Activities Association shall adopt regulations setting forth:
(a) The standards of safety for each event, competition or other activity engaged in by a spirit squad of a school that is a member of the Nevada Interscholastic Activities Association, which must substantially comply with the spirit rules of the National Federation of State High School Associations, or its successor organization; and
(b) The qualifications required for a person to become a coach of a spirit squad.
3. If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.
4. As used in this section, spirit squad means any team or other group of persons that is formed for the purpose of:
(a) Leading cheers or rallies to encourage support for a team that participates in a sport that is sanctioned by the Nevada Interscholastic Activities Association; or
(b) Participating in a competition against another team or other group of persons to determine the ability of each team or group of persons to engage in an activity specified in paragraph (a).
Sec. 3. The Nevada Interscholastic Activities Association shall, on or before June 30, 2014, amend its rules and regulations, including, without limitation, NAC 386.693, as necessary to conform to the provisions of section 1 of this act.
Sec. 3.5. Notwithstanding the amendatory provisions of this act, the Nevada Interscholastic Activities Association may, before the effective date of the regulations required by section 3 of this act or July 1, 2014, whichever is earlier, approve:
1. The staging of an all-star game, contest or meet by any other organization; and
2. The participation of an all-star team in a game, contest or meet regardless of whether the game, contest or meet is approved by any other organization.
Sec. 4. 1. This section and section 3.5 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
κ2013 Statutes of Nevada, Page 540 (CHAPTER 157, SB 125)κ
(a) Upon passage and approval for the purpose of adopting regulations; and
(b) On July 1, 2014, for all other purposes.
________
Senate Bill No. 155Senators Gustavson, Hardy; Cegavske and Goicoechea
Joint Sponsors: Assemblymen Fiore; Ellison, Hogan, Livermore, Oscarson and Stewart
CHAPTER 158
[Approved: May 25, 2013]
AN ACT relating to mental health; revising the scope of the practice of clinical professional counseling; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill revises the scope of the practice of clinical professional counseling to provide that the practice of clinical professional counseling includes the assessment or treatment of couples or families if the assessment or treatment is provided by a person who has demonstrated competency in the assessment or treatment of couples or families as determined by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors.
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 641A.065 is hereby amended to read as follows:
641A.065 1. Practice of clinical professional counseling means the provision of treatment, assessment and counseling, or equivalent activities, to a person or group of persons to achieve mental, emotional, physical and social development and adjustment.
2. The term includes [counseling] :
(a) Counseling interventions to prevent, diagnose and treat mental, emotional or behavioral disorders and associated distresses which interfere with mental health [.] ; and
(b) The assessment or treatment of couples or families, if the assessment or treatment is provided by a person who, through the completion of coursework or supervised training or experience, has demonstrated competency in the assessment or treatment of couples or families as determined by the Board.
3. The term does not include:
[1.] (a) The practice of psychology or medicine;
[2. The assessment or treatment of couples or families;
3.] (b) The prescription of drugs or electroconvulsive therapy;
[4.] (c) The treatment of physical disease, injury or deformity;
[5.] (d) The diagnosis or treatment of a psychotic disorder;
κ2013 Statutes of Nevada, Page 541 (CHAPTER 158, SB 155)κ
[6.] (e) The use of projective techniques in the assessment of personality;
[7.] (f) The use of psychological, neuropsychological or clinical tests designed to identify or classify abnormal or pathological human behavior;
[8.] (g) The use of individually administered intelligence tests, academic achievement tests or neuropsychological tests; or
[9.] (h) The use of psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed clinical psychologist.
________
Assembly Bill No. 21Committee on Transportation
CHAPTER 159
[Approved: May 27, 2013]
AN ACT relating to public safety; revising provisions prohibiting open containers of alcoholic beverages in motor vehicles; revising provisions governing the requirements and procedures for reporting motor vehicle accidents; transferring certain duties relating to the reporting of those accidents from the Department of Motor Vehicles to the Department of Public Safety; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from having an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is on a highway. Existing law provides an exception to that prohibition for a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer. (NRS 484B.150) Section 1 of this bill provides that the exception: (1) applies to the passenger area of such a motor vehicle; but (2) does not apply to a driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.
Section 2 of this bill allows: (1) a driver of a vehicle which is involved in an accident with apparent damages of $750 or more to submit electronically the accident report the driver is required to submit to the Department of Motor Vehicles; and (2) a driver who is required to submit a supplemental report to do so electronically. (NRS 484E.070) Section 2 further requires the Department of Motor Vehicles to approve the format of the forms for those accident reports and make the forms available to persons who are required to submit the reports to the Department.
Section 4 of this bill allows a police officer who investigates a vehicle accident for which a report must be made by the officer, or who otherwise prepares a written or electronic report as a result of the investigation, to forward the report of the accident in writing or electronically. In addition, section 4 requires the report to be submitted to the Department of Public Safety rather than the Department of Motor Vehicles. Section 4 requires the data collected by the Department of Public Safety from those reports to be recorded in a central repository created by the Department of Public Safety to track data electronically concerning vehicle accidents on a statewide basis. Section 4 further requires a police officer to prepare a report of an investigation which is conducted of a vehicle accident which results in bodily injury to or the death of any person or which involves apparent damage of $750 or more to a vehicle or other property. (NRS 484E.110)
κ2013 Statutes of Nevada, Page 542 (CHAPTER 159, AB 21)κ
Section 5 of this bill transfers from the Department of Motor Vehicles to the Department of Public Safety the duty to prepare certain forms for preparing written accident reports that are supplied to police departments, sheriffs and other appropriate agencies or persons. (NRS 484E.120) Section 5 further requires certain accident reports that are required to be prepared by a police officer to be made on the appropriate form approved by the Department of Public Safety rather than the Department of Motor Vehicles and requires any other accident reports to be made on forms approved by the Department of Motor Vehicles.
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 484B.150 is hereby amended to read as follows:
484B.150 1. It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.
2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to [a] :
(a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation ; [,] or [to the]
(b) The living quarters of a house coach or house trailer [.] ,
Κ but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.
3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.
4. As used in this section:
(a) Alcoholic beverage has the meaning ascribed to it in NRS 202.015.
(b) Open container means a container which has been opened or the seal of which has been broken.
(c) Passenger area means that area of a vehicle which is designed for the seating of the driver or a passenger.
Sec. 2. NRS 484E.070 is hereby amended to read as follows:
484E.070 1. The Department shall:
(a) Approve the format of the forms for accident reports made pursuant to this section; and
(b) Make those forms available to persons who are required to forward the reports to the Department pursuant to this section.
2. Except as otherwise provided in subsections [2,] 3 , 4 and [4,] 5, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the accident, forward a written or electronic report of the accident to the Department. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS.
κ2013 Statutes of Nevada, Page 543 (CHAPTER 159, AB 21)κ
chapter 684B of NRS. The Department may require the driver or owner of the vehicle to file supplemental written or electronic reports whenever the original report is insufficient in the opinion of the Department.
[2.] 3. A report is not required from any person if the accident was investigated by a [law enforcement agency] police officer pursuant to NRS 484E.110 and the report of the investigating officer contains:
(a) The name and address of the insurance company providing coverage to each person involved in the accident;
(b) The number of each policy; and
(c) The dates on which the coverage begins and ends.
[3.] 4. The driver of a vehicle subject to the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority need not submit in his or her report the information requested pursuant to subsection 3 of NRS 484E.120 until the 10th day of the month following the month in which the accident occurred.
[4.] 5. A written or electronic accident report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of the persons incapacity. Whenever the driver is physically incapable of making a written or electronic report of an accident as required in this section and the driver is not the owner of the vehicle, the owner shall within 10 days after knowledge of the accident make the report not made by the driver.
[5.] 6. All written or electronic reports required in this section to be forwarded to the Department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the Department or other state agencies having use of the records for accident prevention, except as otherwise provided in NRS 239.0115 and except that the Department may disclose to a person involved in an accident or to his or her insurer the identity of another person involved in the accident when the persons identity is not otherwise known or when the person denies having been present at the accident. The Department may also disclose the name of the persons insurer and the number of the persons policy.
[6.] 7. A written or electronic report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of an accident except that the Department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department in compliance with law, and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484E.080.
Sec. 3. NRS 484E.080 is hereby amended to read as follows:
484E.080 1. If a person willfully fails, refuses or neglects to make a report of an accident in accordance with the provisions of this chapter, the persons driving privilege may be suspended. Suspension action taken under this section remains in effect for 1 year unless terminated by receipt of the report of the accident or upon receipt of evidence that failure to report was not willful.
κ2013 Statutes of Nevada, Page 544 (CHAPTER 159, AB 21)κ
2. Any person who gives information in electronic, oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.
Sec. 4. NRS 484E.110 is hereby amended to read as follows:
484E.110 1. Every police officer who investigates a vehicle accident of which a report must be made as required in this chapter, or who otherwise prepares a written or electronic report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall forward a written or electronic report of the accident to the Department of Public Safety within 10 days after the investigation of the accident. The data collected by the Department of Public Safety pursuant to this subsection must be recorded in a central repository created by the Department of Public Safety to track data electronically concerning vehicle accidents on a statewide basis.
2. The written or electronic reports required to be forwarded by police officers and the information contained therein are not privileged or confidential.
3. Every sheriff, chief of police or office of the Nevada Highway Patrol receiving any report required under NRS 484E.030 to 484E.090, inclusive, shall immediately prepare a copy thereof and file the copy with the Department [.] of Public Safety.
4. If a police officer investigates a vehicle accident resulting in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, the police officer shall prepare a written or electronic report of the investigation.
5. As soon as practicable after receiving a report pursuant to this section, the Department of Public Safety shall submit a copy of the report to the Department of Motor Vehicles.
Sec. 5. NRS 484E.120 is hereby amended to read as follows:
484E.120 1. The Department of Public Safety shall prepare [and upon request supply to police departments, sheriffs and other appropriate agencies or persons] forms for [written] accident reports [as] required [in this chapter,] pursuant to NRS 484E.110, suitable with respect to the persons required to make the reports and the purposes to be served. The forms must be designed to call for sufficiently detailed information to disclose with reference to an accident the cause, conditions then existing, the persons and vehicles involved, the name and address of the insurance company, the number of the policy providing coverage and the dates on which the coverage begins and ends. The Department of Public Safety shall, upon request, supply to a police department, sheriff or other appropriate agency or person, the forms for accident reports prepared by a police officer pursuant to NRS 484E.110.
2. [The form prepared for a report to be made by persons pursuant to NRS 484E.070 must call for such] In addition to submitting a copy of a report pursuant to NRS 484E.110, the Department of Public Safety shall provide any information [as is] required by this section which is not included in the report to the Department of Motor Vehicles to enable [it] the Department of Motor Vehicles to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The Department of Motor Vehicles may rely upon the accuracy of information supplied to a police officer by a driver or owner on the form unless it has reason to believe that the information is erroneous.
κ2013 Statutes of Nevada, Page 545 (CHAPTER 159, AB 21)κ
3. Every accident report required pursuant to NRS 484E.070 must be made on the appropriate form approved by the Department of Motor Vehicles pursuant to that section and must contain all the information required in the form.
4. Every accident report required [to be made in writing] pursuant to NRS 484E.110 must be made on the appropriate form approved by the Department of Public Safety and must contain all the information required therein unless it is not available.
Sec. 6. (Deleted by amendment.)
________
Assembly Bill No. 73Assemblyman Kirner
CHAPTER 160
[Approved: May 27, 2013]
AN ACT relating to chiropractic; revising certain provisions governing unprofessional conduct by a chiropractor or chiropractors assistant; revising the information which must be submitted by an applicant for a license to practice chiropractic; revising provisions relating to the score which an applicant must obtain on an examination for a license to practice chiropractic; revising provisions governing temporary licenses to practice chiropractic; revising provisions governing the renewal of a license to practice chiropractic and a certificate as a chiropractors assistant; revising provisions governing the reinstatement of a license to practice chiropractic; revising certain fees charged and collected by the Chiropractic Physicians Board of Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that an applicant for a license to practice chiropractic in Nevada must submit an application to the Chiropractic Physicians Board of Nevada and must obtain a passing score on an examination administered by the Board. (NRS 634.070, 634.080, 634.100) Section 3 of this bill revises the information an applicant for a license to practice chiropractic must submit to the Board to include a copy of the applicants official transcript from the school or college of chiropractic from which the applicant received his or her degree of doctor of chiropractic. Section 4 of this bill revises provisions setting forth the passing score for the examination for a license to practice chiropractic.
Existing law provides that a chiropractor or chiropractors assistant may be disciplined for unprofessional conduct. (NRS 634.018, 634.140) Section 2 of this bill provides that unprofessional conduct includes advertising, by any form of public communication, a chiropractic practice: (1) using grossly improbable statements; or (2) in any manner that will tend to deceive, defraud or mislead the public.
Existing law provides that a temporary license to practice chiropractic in this State is valid for the 10-day period designated on the license and is not renewable. (NRS 634.115) Section 5 of this bill revises provisions governing a temporary license to practice chiropractic in this State to provide that a temporary license is: (1) valid only for the period designated on the license, which must be not more than 10 days; (2) valid for the place of practice designated on the license; and (3) not renewable.
κ2013 Statutes of Nevada, Page 546 (CHAPTER 160, AB 73)κ
Existing law provides that the holder of a license to practice chiropractic or a certificate as a chiropractors assistant must complete a certain number of hours of continuing education during the 24 months immediately preceding the renewal date of the license or certificate. Existing law additionally requires a licensee or holder of a certificate as a chiropractors assistant to pay a fee upon the renewal of the license or certificate. (NRS 634.130) Section 6 of this bill provides that the Board may waive the continuing education requirements for a licensee or holder of a certificate as a chiropractors assistant if the licensee or holder of a certificate submits proof to the Board that the licensee or holder of a certificate was in active military service which prevented the licensee or holder of a certificate from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate. Section 6 also authorizes the Board to waive the renewal fee for such a licensee or holder of a certificate.
Section 8 of this bill increases from $25 to $50 the fee which the Board may charge and collect for review of a course offered by a chiropractic school or college or a course of continuing education in chiropractic.
Section 9 of this bill deletes a provision that authorizes a person whose license to practice chiropractic has been revoked to apply to the Board for the restoration of the license in certain circumstances.
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. (Deleted by amendment.)
Sec. 2. NRS 634.018 is hereby amended to read as follows:
634.018 Unprofessional conduct means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Assuring that a manifestly incurable disease can be permanently cured.
4. Advertising , by any form of public communication, a chiropractic [business in which] practice:
(a) Using grossly improbable statements [are made, advertising in] ; or
(b) In any manner that will tend to deceive, defraud or mislead the public . [or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients.]
Κ As used in this subsection, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter.
5. Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians Board of Nevada.
6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
7. Administering, dispensing or prescribing any controlled substance.
8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.
9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.
κ2013 Statutes of Nevada, Page 547 (CHAPTER 160, AB 73)κ
10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.
12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
14. Solicitation by the licensee or the licensees designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle accident, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:
(a) Designated agent means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.
(b) Solicitation means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.
15. Employing, directly or indirectly, any person as a chiropractors assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.
16. Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:
(a) The medical records of the patient; or
(b) An examination of the patient by the chiropractic physician taking such action.
17. Violating a lawful order of the Board, a lawful agreement with the Board, or any of the provisions of this chapter or any regulation adopted pursuant thereto.
Sec. 3. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination must file an application not less than 60 days before the date of the examination.
2. An application must be filed with the Secretary of the Board on a form to be furnished by the Secretary.
3. An application must be verified and must state:
(a) When and where the applicant was born, the various places of the applicants residence during the 5 years immediately preceding the making of the application and the address to which he or she wishes the Board to mail the license.
(b) The name, age and sex of the applicant.
(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.
κ2013 Statutes of Nevada, Page 548 (CHAPTER 160, AB 73)κ
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.
(e) Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.
(f) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against the applicant. Such an applicant must also attach a certificate [of the Secretary of] from the chiropractic board of [the] each state in which the applicant was [last] licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting the applicants standing as a chiropractor are undisposed of and pending.
(g) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether the applicant is a graduate of any school or schools.
(h) The names of:
(1) Two persons who have known the applicant for at least 3 years; and
(2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.
(i) All other information required to complete the application.
4. An application must include a copy of the applicants official transcript from the school or college of chiropractic from which the applicant received his or her degree of doctor of chiropractic, which must be transmitted by the school or college of chiropractic directly to the Board.
Sec. 4. NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in this State must pay the required fee to the Secretary of the Board not less than 60 days before the date of the examination.
2. Except as otherwise provided in NRS 622.090 [,] :
(a) For a written, closed-book examination which is administered in person by the Board, a score of 75 percent or higher in all subjects taken on the examination is a passing score.
(b) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, a score of 90 percent or higher in all subjects taken on the examination is a passing score.
3. If an applicant fails to pass the first examination, the applicant may take a second examination within 1 year without payment of any additional fees. Except as otherwise provided in NRS 622.090, credit must be given on this examination for all subjects previously passed . [with a score of 75 percent or higher.]
4. An applicant for a certificate as a chiropractors assistant must pay the required fee to the Secretary of the Board before the application may be considered.
Sec. 5. NRS 634.115 is hereby amended to read as follows:
634.115 1. Except as otherwise provided in subsections 4 and 5, upon application, payment of the required fee and the approval of its Secretary and President, the Board may, without examination, grant a temporary license to practice chiropractic in this State to a person who holds a corresponding license or certificate in another jurisdiction which is in good standing and who actively practices chiropractic in that jurisdiction.
κ2013 Statutes of Nevada, Page 549 (CHAPTER 160, AB 73)κ
who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this State.
2. Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the Secretary of the Board not less than 30 days before the applicant intends to practice chiropractic in this State. Upon the request of an applicant, the President or Secretary may, for good cause, authorize the applicant to file the application fewer than 30 days before he or she intends to practice chiropractic in this State.
3. An application for a temporary license must be accompanied by a fee of $50 and include:
(a) The applicants name, the address of his or her primary place of practice and the applicants telephone number;
(b) A current photograph of the applicant measuring 2 by 2 inches;
(c) The name of the chiropractic school or college from which the applicant graduated and the date of graduation; and
(d) The number of the applicants license to practice chiropractic in another jurisdiction.
4. A temporary license [is] :
(a) Is valid for the [10-day] period designated on the license , which must be not more than 10 days;
(b) Is valid for the place of practice designated on the license; and [is]
(c) Is not renewable.
5. The Board may not grant more than two temporary licenses to an applicant during any calendar year.
Sec. 6. NRS 634.130 is hereby amended to read as follows:
634.130 1. Licenses and certificates must be renewed biennially. [Each] Except as otherwise provided in subsection 9, each person who is licensed or holds a certificate as a chiropractors assistant pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal license or certificate which authorizes the person to continue to practice for 2 years.
2. [The] Except as otherwise provided in subsection 9, the renewal fee must be paid and all information required to complete the renewal must be submitted to the Board on or before January 1 of:
(a) Each odd-numbered year for a licensee; and
(b) Each even-numbered year for a holder of a certificate as a chiropractors assistant.
3. Except as otherwise provided in subsection 5 [or 6,] , 6 or 7, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the license, the licensee has attended at least 36 hours of continuing education which is approved or endorsed by the Board.
4. Except as otherwise provided in subsection 5 [or 7,] , 6 or 8, a holder of a certificate as a chiropractors assistant in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the certificate, the certificate holder has attended at least 12 hours of continuing education which is approved or endorsed by the Board or the equivalent board of another state or jurisdiction that regulates chiropractors assistants. The continuing education required by this subsection may include education related to lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation.
κ2013 Statutes of Nevada, Page 550 (CHAPTER 160, AB 73)κ
lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation. The Board shall by regulation determine how many of the required 12 hours of continuing education must be course work related to such lifesaving skills. Any course of continuing education approved or endorsed by the Board or the equivalent board of another state or jurisdiction pursuant to this subsection may be conducted via the Internet or in a live setting, including, without limitation, a conference, workshop or academic course of instruction. The Board shall not approve or endorse a course of continuing education which is self-directed or conducted via home study.
5. The educational requirement of subsection 3 or 4 may be waived by the Board if the licensee or holder of a certificate as a chiropractors assistant files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee or holder of a certificate as a chiropractors assistant is suffering from a serious or disabling illness or physical disability which prevented the licensee or holder of a certificate as a chiropractors assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license [.] or certificate.
6. The Board may waive the educational requirement of subsection 3 or 4 for a licensee or a holder of a certificate as a chiropractors assistant if the licensee or holder of a certificate submits to the Board proof that the licensee or holder of a certificate was in active military service which prevented the licensee or holder of a certificate from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.
7. A licensee is not required to comply with the requirements of subsection 3 until the first odd-numbered year after the year the Board issues to the licensee an initial license to practice as a chiropractor in this State.
[7.] 8. A [certificate] holder of a certificate as a chiropractors assistant is not required to comply with the requirements of subsection 4 until the first even-numbered year after the Board issues to the [certificate] holder of a certificate an initial certificate to practice as a chiropractors assistant in this State.
[8.] 9. The Board may waive the renewal fee for a licensee or holder of a certificate as a chiropractors assistant if the licensee or holder of a certificate submits proof to the Board that the licensee or holder of a certificate was in active military service at the time the renewal fee was due.
10. If a licensee fails to:
(a) [Pay] Except as otherwise provided in subsection 9, pay the renewal fee by January 1 of an odd-numbered year;
(b) [Submit] Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 3;
(c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or
(d) Submit all information required to complete the renewal,
Κ the license [is] automatically [suspended] expires and, except as otherwise provided in NRS 634.131, may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license [was suspended,] expired, of the required fee for reinstatement in addition to the renewal fee.
κ2013 Statutes of Nevada, Page 551 (CHAPTER 160, AB 73)κ
January 1 of the even-numbered year following the year in which the license [was suspended,] expired, of the required fee for reinstatement in addition to the renewal fee.
[9.] 11. If a holder of a certificate as a chiropractors assistant fails to:
(a) [Pay] Except as otherwise provided in subsection 9, pay the renewal fee by January 1 of an even-numbered year;
(b) [Submit] Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 4;
(c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or
(d) Submit all information required to complete the renewal,
Κ the certificate [is] automatically [suspended] expires and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.
Sec. 7. NRS 634.131 is hereby amended to read as follows:
634.131 1. If a license [has been automatically suspended] expires pursuant to the provisions of subsection [8] 10 of NRS 634.130 and the license was not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.
2. An applicant to have [a suspended] an expired license reinstated to active status pursuant to subsection 1 must:
(a) Either:
(1) Submit satisfactory evidence to the Board:
(I) That the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;
(II) From all other licensing agencies which have issued the applicant a license that he or she is in good standing and has no legal actions pending against him or her; and
(III) That the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to be reinstated to active status; or
(2) Score 75 percent or higher on an examination prescribed by the Board on the provisions of this chapter and the regulations adopted by the Board; and
(b) Pay:
(1) The fee for the biennial renewal of a license to practice chiropractic; and
(2) The fee for reinstating a license to practice chiropractic which has [been suspended or revoked.] expired.
3. If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of [a suspended] an expired license to active status, the Board, before reinstating the license of the applicant to active status:
(a) Must hold a hearing to determine the professional competency and fitness of the applicant; and
(b) May require the applicant to:
(1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and
(2) Satisfy any additional requirements that the Board deems to be necessary.
κ2013 Statutes of Nevada, Page 552 (CHAPTER 160, AB 73)κ
Sec. 8. NRS 634.135 is hereby amended to read as follows:
634.135 1. The Board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic....... $200.00
For an examination for a license to practice chiropractic....... 200.00
For an application for, and the issuance of, a certificate as a chiropractors assistant 100.00
For an examination for a certificate as a chiropractors assistant 100.00
For the issuance of a license to practice chiropractic............... 300.00
For the biennial renewal of a license to practice chiropractic 1,000.00
For the biennial renewal of an inactive license to practice chiropractic 300.00
For the biennial renewal of a certificate as a chiropractors assistant.... 200.00
For the restoration to active status of an inactive license to practice chiropractic 300.00
For reinstating a license to practice chiropractic which has expired pursuant to NRS 634.130 or has been suspended [or revoked]........................................................... 500.00
For reinstating a certificate as a chiropractors assistant which has [been suspended] expired pursuant to NRS 634.130 or has been suspended............................................ 100.00
For a review of any subject on the examination......................... 25.00
For the issuance of a duplicate license or for changing the name on a license 35.00
For written verification of licensure or issuance of a certificate of good standing 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic.................................................................................. 25.00
For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic 10.00
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State............................................................ 35.00
For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic...... 25.00
For each page of a list of continuing education courses that have been approved by the Board .50
For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges....................................................................................................... 35.00
κ2013 Statutes of Nevada, Page 553 (CHAPTER 160, AB 73)κ
For an application for a student or chiropractor to participate in the preceptor program established by the Board pursuant to NRS 634.137....................................................... $35.00
For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic............................................. [25.00] 50.00
2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.
3. For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.
Sec. 9. NRS 634.204 is hereby amended to read as follows:
634.204 1. Any person:
(a) Whose practice of chiropractic has been limited; or
(b) Whose license to practice chiropractic has been suspended until further order , [or revoked,]
Κ by an order of the Board may apply to the Board after a reasonable period for removal of the limitation or restoration of his or her license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical examination by physicians or other appropriate persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;
(b) Shall determine whether under all the circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrant.
Sec. 10. (Deleted by amendment.)
________
Assembly Bill No. 129Assemblymen Livermore, Hickey, Fiore; Hambrick, Hansen, Oscarson, Stewart and Wheeler
CHAPTER 161
[Approved: May 27, 2013]
AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to design, prepare and issue special license plates honoring peace officers who have received certain medals or the equivalent thereof; setting forth the requirements for a person to qualify for the issuance of the special license plates; exempting the special license plates from certain provisions otherwise applicable to special license plates; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 554 (CHAPTER 161, AB 129)κ
Legislative Counsels Digest:
Section 1 of this bill authorizes qualified persons to apply for the issuance of license plates specially designed by the Department of Motor Vehicles, in cooperation with interested parties, to honor peace officers who have received one of several specified medals or the equivalent thereof. The special license plates may be issued to a peace officer who has received one of those medals, or the equivalent thereof, or to a family member of a peace officer who received posthumously the Medal of Honor, or the equivalent thereof. Unless the special license plates are lost or stolen, in which case a $5 fee applies, no fee in addition to the ordinarily applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of the special license plates. Section 1 clarifies further that the event leading to the issuance of one of the several specified medals, or the equivalent thereof, may have occurred before, on or after July 1, 2013.
Under existing law, most special license plates: (1) must be approved by the Commission on Special License plates; (2) are subject to a limitation of not more than 30 separate designs of special license plates which the Department of Motor Vehicles may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain minimum number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 3-5 of this bill exempt the special license plates honoring peace officers who have received certain medals, or the equivalent thereof, from all three of the preceding requirements.
Finally, under existing law, a new vehicle dealer who is authorized to issue certificates of registration for any new motor vehicle he or she sells is prohibited from accepting an application for the registration of a motor vehicle if the applicant wishes to obtain special license plates. (NRS 482.216) Despite the broad exemption provided in sections 3-5, section 2 of this bill prohibits a new vehicle dealer from accepting an application for the registration of a motor vehicle if the applicant wishes to obtain the special plates honoring peace officers.
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 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the Department shall design, prepare and issue license plates honoring peace officers who have received a medal specified in subsection 3, or the equivalent thereof.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the person. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is:
(a) A current or former peace officer who has received one or more of the following medals, or the equivalent thereof, for his or her service as a peace officer:
(1) The Medal of Honor;
(2) The Purple Heart;
κ2013 Statutes of Nevada, Page 555 (CHAPTER 161, AB 129)κ
(3) The Medal of Valor;
(4) The Lifesaving Medal;
(5) The Meritorious Service Medal; or
(6) The Distinguished Service Medal; or
(b) A family member of a person who was:
(1) Killed in the line of duty while serving as a peace officer; and
(2) Awarded posthumously the Medal of Honor, or the equivalent thereof, for his or her actions as a peace officer.
4. A qualifying event described in subsection 3 that entitles a person to special license plates issued pursuant to the provisions of this section is a qualifying event regardless of whether the event occurs or occurred before, on or after July 1, 2013.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
6. Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $5.
7. As used in this section:
(a) Family member means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.
(b) Killed in the line of duty while serving as a peace officer includes peace officers who:
(1) Are killed directly in the line of duty; and
(2) Die as a result of injuries sustained in the line of duty.
(c) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications received to the Department within the period prescribed by the Department;
κ2013 Statutes of Nevada, Page 556 (CHAPTER 161, AB 129)κ
(b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the Department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the Department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.
Sec. 3. NRS 482.367004 is hereby amended to read as follows:
482.367004 1. There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:
(a) Five Legislators appointed by the Legislative Commission:
(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
(2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.
(b) Three nonvoting members consisting of:
(1) The Director of the Department of Motor Vehicles, or a designee of the Director.
(2) The Director of the Department of Public Safety, or a designee of the Director.
(3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.
2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year.
κ2013 Statutes of Nevada, Page 557 (CHAPTER 161, AB 129)κ
each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.
3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.
5. The Commission shall approve or disapprove:
(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;
(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and
(c) Except as otherwise provided in subsection 6, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.
6. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 or 482.3787 [.] or section 1 of this act.
7. The Commission shall:
(a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, additional fees means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.
(b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
Sec. 4. NRS 482.367008 is hereby amended to read as follows:
482.367008 1. As used in this section, special license plate means:
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;
(b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and
(c) Except for a license plate that is issued pursuant to NRS 482.3785 or 482.3787, or section 1 of this act, a license plate that:
(1) Is approved by the Legislature after July 1, 2005; and
(2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.
2. Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 30 separate designs of special license plates.
κ2013 Statutes of Nevada, Page 558 (CHAPTER 161, AB 129)κ
special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.
3. Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and
(b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.
4. [Except as otherwise provided in subsection 6, if,] If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or
(b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,
Κ the Director shall provide notice of that fact in the manner described in subsection 5.
5. The notice required pursuant to subsection 4 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.
6. If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or
(b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,
Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.
κ2013 Statutes of Nevada, Page 559 (CHAPTER 161, AB 129)κ
Sec. 5. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. Except as otherwise provided in subsection 2:
(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates approves the application for the authorized plate pursuant to NRS 482.367004.
2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 or 482.3787 [.] or section 1 of this act.
Sec. 6. As soon as practicable after July 1, 2013, the Department of Motor Vehicles shall design the special license plates described in section 1 of this act in cooperation with interested parties.
Sec. 7. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 165Committee on Transportation
CHAPTER 162
[Approved: May 27, 2013]
AN ACT relating to the Department of Motor Vehicles; limiting the purposes for which the Director of the Department is allowed to release certain personal information; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Director of the Department of Motor Vehicles is allowed to release lists of license plate numbers and personally identifiable information that is requested by the presentation of a license plate number if a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle. (NRS 481.063) This bill prohibits the Director from providing personal information to individuals or companies for the purpose of marketing extended vehicle warranties.
κ2013 Statutes of Nevada, Page 560 (CHAPTER 162, AB 165)κ
Existing law also provides that if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director of the Department of Motor Vehicles may, under certain circumstances, release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use in the bulk distribution of surveys, marketing material or solicitations. (NRS 481.063) This bill eliminates the authority of the Director to release personal information for use in the bulk distribution of surveys, marketing material or solicitations.
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 481.063 is hereby amended to read as follows:
481.063 1. The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
2. Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
3. Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
Κ When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
κ2013 Statutes of Nevada, Page 561 (CHAPTER 162, AB 165)κ
4. If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or
(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
5. Except as otherwise provided in subsections 2, 4 and 6 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
6. Except as otherwise provided in paragraph (a) and subsection 7, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles; or
(9) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.
κ2013 Statutes of Nevada, Page 562 (CHAPTER 162, AB 165)κ
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.
(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.
[(k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:
(1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;
(2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and
(3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.]
7. Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:
(a) Each person to whom the information is provided; and
(b) The purpose for which that person will use the information.
Κ The record must be made available for examination by the Department at all reasonable times upon request.
8. Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
9. Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
10. The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:
κ2013 Statutes of Nevada, Page 563 (CHAPTER 162, AB 165)κ
Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:
(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be obtained and the limited uses which are permitted;
(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) Understands that a record will be maintained by the Department of any information he or she requests; and
(d) Understands that a violation of the provisions of this section is a criminal offense.
11. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the Department.
(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.
12. As used in this section:
(a) Personal information means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, drivers license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular accidents or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.
(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060.
Sec. 2. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 198Assemblymen Ellison, Hambrick; Fiore, Hansen, Hickey, Livermore, Martin, Oscarson, Stewart, Wheeler and Woodbury
Joint Sponsors: Senators Gustavson; and Goicoechea
CHAPTER 163
[Approved: May 27, 2013]
AN ACT relating to taxicabs; eliminating the requirement that a vehicle acquired for use as a taxicab in certain counties must be new or must have not more than 30,000 miles on its odometer; eliminating the requirement that a taxicab operated in certain counties must be removed from operation after a certain period of use; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 564 (CHAPTER 163, AB 198)κ
Legislative Counsels Digest:
Under existing law, the Taxicab Authority regulates taxicabs in a county whose population is 700,000 or more (currently Clark County) and in any county that has, by ordinance, placed itself under the jurisdiction of the Taxicab Authority. (NRS 706.881) This bill repeals provisions of existing law which require a vehicle that is acquired for use as a taxicab in a county that is not subject to regulation by the Taxicab Authority: (1) to be new or to have not more than 30,000 miles on its odometer when acquired for use as a taxicab; and (2) to be removed from operation as a taxicab after a certain period of use. (NRS 706.88345)
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 706.88345 is hereby repealed.
Sec. 2. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 263Assemblymen Neal; Aizley, Bustamante Adams, Flores, Frierson, Horne and Munford
CHAPTER 164
[Approved: May 27, 2013]
AN ACT relating to highways; revising provisions relating to the experience and financial ability of a prospective bidder on a highway project; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a person who proposes to bid on a contract for a transportation project to provide the Director of the Department of Transportation with information on the persons financial ability and experience in performing similar public works. The Director may refuse to furnish a person with the necessary forms and information to submit a bid on the contract if the Director finds the person insufficiently qualified. (NRS 408.333) Section 1 of this bill requires the Director to consider the persons comparable experience rather than considering only such information relating to transportation projects. Section 1.5 of this bill requires persons wishing to bid on certain smaller transportation projects to submit certain information to the Director before the Director furnishes the person with the necessary forms and information to submit a bid on the project.
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 408.333 is hereby amended to read as follows:
408.333 Except as otherwise provided in NRS 408.367 or 408.3875 to 408.3887, inclusive:
1. Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the persons financial ability and experience in performing public work [of a similar nature.]
κ2013 Statutes of Nevada, Page 565 (CHAPTER 164, AB 263)κ
answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the persons financial ability and experience in performing public work [of a similar nature.] and any other comparable experience.
2. Such statements must be filed with the Director in ample time to permit the Department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the Department.
3. Whenever the Director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, the Director may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. If the Director determines that the person has, within the preceding year, breached a contract for a public work for which the cost exceeds $25,000,000 by failing to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 1 of NRS 338.0117, the Director shall refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who is disqualified by the Director, in accordance with the provisions of this section, may request, in writing, a hearing before the Director and present again the persons check, cash or undertaking and such further evidence with respect to the persons financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his or her opinion, issuance to him or her of the plans and specifications for the work.
5. Such a person may appeal the decision of the Director to the Board no later than 5 days before the opening of the bids on the project. If the appeal is sustained by the Board, the person must be granted the rights and privileges of all other bidders.
Sec. 1.5. NRS 408.367 is hereby amended to read as follows:
408.367 1. With the approval of the Board, the Director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.
2. Before furnishing any person proposing to bid on any solicited work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire, which must include information describing:
(a) The geographical regions of this State in which the person is willing to perform the public work;
(b) The type of license and classification, if any, held by the person; and
(c) The business license held by the person and its expiration date.
3. Before awarding a contract pursuant to subsection 1, the Director must:
(a) If the estimated cost of the project is $50,000 or less, solicit a bid from at least one properly licensed contractor; and
κ2013 Statutes of Nevada, Page 566 (CHAPTER 164, AB 263)κ
(b) If the estimated cost of the project is more than $50,000 but not more than $250,000, solicit bids from at least three properly licensed contractors.
[3.] 4. Any bids received in response to a solicitation for bids made pursuant to subsection [2] 3 may be rejected if the Director determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.
[4.] 5. At least once each quarter, the Director shall prepare a report detailing, for each project for which a contract for its completion is awarded pursuant to paragraph (b) of subsection [2,] 3, if any:
(a) The name of the contractor to whom the contract was awarded;
(b) The amount of the contract awarded;
(c) A brief description of the project; and
(d) The names of all contractors from whom bids were solicited.
[5.] 6. A report prepared pursuant to subsection [4] 5 is a public record and must be maintained on file at the principal offices of the Department.
[6.] 7. Except as otherwise provided in NRS 408.354, contracts awarded pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the Director under the seal of the Department, and by the contracting party or parties. The form and legality of those contracts must be approved by the Attorney General or Chief Counsel of the Department.
Sec. 2. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 305Assemblymen Horne and Carrillo (by request)
CHAPTER 165
[Approved: May 27, 2013]
AN ACT relating to outdoor advertising; revising provisions relating to the promulgation of regulations by the Board of Directors of the Department of Transportation specifying the operational requirements for certain signs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Board of Directors of the Department of Transportation is required to prescribe regulations governing the issuance of permits for advertising signs, displays or devices and the inspection and surveillance of such signs, displays or devices. (NRS 410.400) This bill requires the Board to prescribe regulations specifying the operational requirements for signs known as commercial electronic variable message signs which conform to any regulations promulgated by the Secretary of the United States Department of Transportation.
κ2013 Statutes of Nevada, Page 567 (CHAPTER 165, AB 305)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. NRS 410.400 is hereby amended to read as follows:
410.400 1. The Board shall prescribe:
(a) [Regulations] Except as otherwise provided in paragraph (b), regulations governing the issuance of permits for advertising signs, displays or devices and for the inspection and surveillance of advertising signs, displays or devices; [and]
(b) Regulations specifying the operational requirements for commercial electronic variable message signs which conform to any national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131; and
(c) Such other regulations as it deems necessary to implement the provisions of NRS 410.220 to 410.410, inclusive.
2. The Department shall assess a reasonable annual fee for each permit issued to recover administrative costs incurred by the Department in the issuance of the permits, and the inspection and surveillance of advertising signs, displays or devices.
3. No fee may be collected for any authorized directional sign, display or device, or for authorized signs, displays or devices erected by chambers of commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.
4. No fee may be collected for any temporary sign, display or device advertising for or against a candidate, political party or ballot question in an election if the sign, display or device is:
(a) Erected not more than 60 days before a primary election and concerns a candidate, party or question for that primary or the ensuing general election; and
(b) Removed within 30 days after:
(1) The primary election if the candidate, party or question is not to be voted on at the ensuing general election.
(2) The general election in any other case.
Κ The Department may summarily remove any temporary political sign for which no fee has been paid if the sign is erected before or remains after the times prescribed.
5. All fees collected pursuant to this section must be deposited with the State Treasurer for credit to the State Highway Fund.
6. As used in this section, commercial electronic variable message sign means a self-luminous or externally illuminated advertising sign which contains only static messages or copy which may be changed electronically.
Sec. 2. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2014, for all other purposes.
________
κ2013 Statutes of Nevada, Page 568κ
Assembly Bill No. 326Assemblyman Aizley
CHAPTER 166
[Approved: May 27, 2013]
AN ACT relating to arbitration; requiring certain agreements that require arbitration of disputes arising under the agreement to include specific authorization for the arbitration; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires an agreement which includes a provision requiring a person to submit to arbitration any dispute arising between the parties to the agreement to include specific authorization of the provision by the person. Section 1 further provides that an agreement which includes such a provision concerning submitting a dispute to arbitration and which fails to include specific authorization of that provision by the person is void. Section 1 excludes a collective bargaining agreement from these new provisions.
Existing law which governs the provisions for arbitration provided by the parties to an agreement is set forth in the Uniform Arbitration Act. (NRS 38.206-38.248) Section 2 of this bill provides an exception to a provision of the Uniform Arbitration Act which governs the validity of an agreement to arbitrate to account for the requirement set forth in section 1.
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 597 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, an agreement which includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement must include specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.
2. If an agreement includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement and the agreement fails to include the specific authorization required pursuant to subsection 1, the provision is void and unenforceable.
3. The provisions of this section do not apply to an agreement that is a collective bargaining agreement. As used in this subsection, collective bargaining has the meaning ascribed to it in NRS 288.033.
Sec. 2. NRS 38.219 is hereby amended to read as follows:
38.219 1. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except as otherwise provided in section 1 of this act or upon a ground that exists at law or in equity for the revocation of a contract.
2. The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
κ2013 Statutes of Nevada, Page 569 (CHAPTER 166, AB 326)κ
3. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
4. If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitral proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Sec. 3. The amendatory provisions of this act apply only to agreements entered into or renewed on or after October 1, 2013.
________
Assembly Bill No. 327Assemblymen Martin; Aizley, Elliot Anderson, Cohen, Hogan, Munford, Pierce, Spiegel and Swank
Joint Sponsors: Senators Atkinson, Manendo, Segerblom and Spearman
CHAPTER 167
[Approved: May 27, 2013]
AN ACT relating to state accountability; requiring the Director of the Department of Administration to establish a telephone number for the purpose of receiving information relating to abuse, fraud or waste with respect to the receipt and use of public money by certain state agencies or contractors; requiring a notice identifying the telephone number to be posted at certain locations and online; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Director of the Department of Administration to establish a telephone number to receive information relating to abuse, fraud and waste with respect to the receipt and use of public money by certain state agencies or contractors, and requires written notice of the telephone number to be posted: (1) on the Internet website maintained by the Department; and (2) in each public building of an agency.
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 353A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall:
(a) Establish a telephone number at which a person may report information relating to abuse, fraud or waste with respect to public money received and used by an agency or contractor; and
(b) Create a written notice that:
(1) Clearly identifies the telephone number established pursuant to paragraph (a); and
(2) Contains a statement directing any person with any information relating to abuse, fraud or waste with respect to public money received and used by an agency or contractor to report the information at the telephone number established pursuant to paragraph (a).
κ2013 Statutes of Nevada, Page 570 (CHAPTER 167, AB 327)κ
used by an agency or contractor to report the information at the telephone number established pursuant to paragraph (a).
2. The written notice created pursuant to paragraph (b) of subsection 1 must be posted conspicuously:
(a) In each public building of an agency; and
(b) On the Internet website maintained by the Department of Administration.
3. As used in this section:
(a) Contractor means any person, business, organization or nonprofit corporation that contracts with an agency to receive public money. The term includes a subcontractor or a third party who receives any portion of the public money from the contractor to carry out any obligation pursuant to a contract between the contractor and the agency.
(b) Public money means any money deposited with a depository by the State Treasurer and includes money which is received by an agency from the Federal Government for distribution and use in this State pursuant to a federal law or federal regulation.
Secs. 2-13. (Deleted by amendment.)
Sec. 14. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 333Assemblymen Healey, Kirkpatrick; Cohen, Livermore, Pierce, Stewart and Swank
Joint Sponsor: Senator Jones
CHAPTER 168
[Approved: May 27, 2013]
AN ACT relating to state financial administration; requiring the Office of Economic Development and the Office of Energy each periodically to conduct an analysis of the costs and benefits of an approved abatement of taxes or other incentive for economic development and report the results of its analysis to the Chief of the Budget Division of the Department of Administration; requiring that the results of the analyses, as so reported, be included in the proposed state budget; revising the required contents of a report of certain abatements from taxation which must be submitted to the Legislature; revising the factors which must be considered in the evaluation of an application for a partial abatement of certain taxes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Various provisions of existing law provide for the approval by state agencies of tax abatements and other incentives for economic development. (NRS 274.310, 274.320, 274.330, 360.750, 361.0687, 374.357, 701A.210) Section 1 of this bill requires the Office of Economic Development and the Office of Energy each periodically to conduct an analysis of the costs and benefits of the incentives in effect during the immediately preceding 2 fiscal years and report to the Chief of the Budget Division of the Department of Administration concerning the results of the analysis. Section 1 provides that any such report is a public record.
κ2013 Statutes of Nevada, Page 571 (CHAPTER 168, AB 333)κ
Section 3 of this bill requires that the results of the analyses, as reported to the Chief for the immediately preceding 2 fiscal years, be included as part of the proposed state budget for each biennium.
Existing law requires the Office of Economic Development periodically to prepare and submit for the Legislature a report concerning certain abatements from taxation. (NRS 231.0685) Section 3.3 of this bill revises the period covered by and information to be included in the report.
Existing law requires the Office of Economic Development to adopt regulations relating to the minimum level of benefits that certain businesses applying for a partial abatement of certain taxes must provide to employees. (NRS 360.750) Section 3.7 of this bill revises these provisions to apply solely to health care benefits.
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 a new section to read as follows:
1. The Chief shall:
(a) Require the Office of Economic Development and the Office of Energy each periodically to conduct an analysis of the relative costs and benefits of each incentive for economic development previously approved by the respective office and in effect during the immediately preceding 2 fiscal years, including, without limitation, any abatement of taxes approved by the Office of Economic Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 361.0687, 374.357 or 701A.210, to assist the Governor and the Legislature in determining whether the economic benefits of the incentive have accomplished the purposes of the statute pursuant to which the incentive was approved and warrant additional incentives of that kind;
(b) Require each office to report in writing to the Chief the results of the analysis conducted by the office pursuant to paragraph (a); and
(c) Establish a schedule for performing and reporting the results of the analysis required by paragraph (a) which ensures that the results of the analysis reported by each office are included in the proposed budget prepared pursuant to NRS 353.205, as required by that section.
2. Each report prepared for the Chief pursuant to this section is a public record and is open to inspection pursuant to the provisions of NRS 239.010.
Sec. 2. NRS 353.155 is hereby amended to read as follows:
353.155 As used in NRS 353.150 to 353.246, inclusive, and section 1 of this act Chief means the Chief of the Budget Division of the Department of Administration.
Sec. 3. NRS 353.205 is hereby amended to read as follows:
353.205 1. The proposed budget for the Executive Department of the State Government for each fiscal year must be set up in [three] four parts:
(a) Part 1 must consist of a budgetary message by the Governor which includes:
(1) A general summary of the long-term performance goals of the Executive Department of the State Government for:
κ2013 Statutes of Nevada, Page 572 (CHAPTER 168, AB 333)κ
(I) Core governmental functions, including the education of pupils in kindergarten through grade 12, higher education, human services and public safety and health; and
(II) Other governmental services;
(2) An explanation of the means by which the proposed budget will provide adequate funding for those governmental functions and services such that ratable progress will be made toward achieving those long-term performance goals;
(3) An outline of any other important features of the financial plan of the Executive Department of the State Government for the next 2 fiscal years; and
(4) A general summary of the proposed budget setting forth the aggregate figures of the proposed budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the proposed budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general summary of the proposed budget must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, objects and funds, and the income by organizational units, sources and funds. The organizational units may be subclassified by functions and by agencies, bureaus or commissions, or in any other manner determined by the Chief.
(b) Part 2 must embrace the detailed budgetary estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive [.] , and section 1 of this act. The information must be presented in a manner which sets forth separately the cost of continuing each program at the same level of service as the current year and the cost, by budgetary issue, of any recommendations to enhance or reduce that level of service. Revenues must be summarized by type, and expenditures must be summarized by program or budgetary account and by category of expense. Part 2 must include:
(1) The identification of each long-term performance goal of the Executive Department of the State Government for:
(I) Core governmental functions, including the education of pupils in kindergarten through grade 12, higher education, human services, and public safety and health; and
(II) Other governmental services,
Κ and of each intermediate objective for the next 2 fiscal years toward achieving those goals.
(2) An explanation of the means by which the proposed budget will provide adequate funding for those governmental functions and services such that those intermediate objectives will be met and progress will be made toward achieving those long-term performance goals.
(3) A mission statement and measurement indicators for each department, institution and other agency of the Executive Department of the State Government, which articulate the intermediate objectives and long-term performance goals each such department, institution and other agency is tasked with achieving and the particular measurement indicators tracked for each such department, institution and other agency to determine whether the department, institution or other agency is successful in achieving its intermediate objectives and long-term performance goals, provided in sufficient detail to assist the Legislature in performing an analysis of the relative costs and benefits of program budgets and in determining priorities for expenditures.
κ2013 Statutes of Nevada, Page 573 (CHAPTER 168, AB 333)κ
relative costs and benefits of program budgets and in determining priorities for expenditures. If available, information regarding such measurement indicators must be provided for each of the previous 4 fiscal years. If a new measurement indicator is being added, a rationale for that addition must be provided. If a measurement indicator is being modified, information must be provided regarding both the modified indicator and the indicator as it existed before modification. If a measurement indicator is being deleted, a rationale for that deletion and information regarding the deleted indicator must be provided.
(4) Statements of the bonded indebtedness of the State Government, showing the requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds.
(5) Any statements relative to the financial plan which the Governor may deem desirable, or which may be required by the Legislature.
(c) Part 3 must set forth, for the Office of Economic Development and the Office of Energy, the results of the analyses conducted by those offices and reported to the Chief pursuant to section 1 of this act for the immediately preceding 2 fiscal years.
(d) Part 4 must include a recommendation to the Legislature for the drafting of a general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the Executive Department of the State Government for the next 2 fiscal years, and may include recommendations to the Legislature for the drafting of such other bills as may be required to provide the income necessary to finance the proposed budget and to give legal sanction to the financial plan if adopted by the Legislature.
2. Except as otherwise provided in NRS 353.211, as soon as each part of the proposed budget is prepared, a copy of the part must be transmitted to the Fiscal Analysis Division of the Legislative Counsel Bureau for confidential examination and retention.
3. Except for the information provided to the Fiscal Analysis Division of the Legislative Counsel Bureau pursuant to NRS 353.211, parts 1 and 2 of the proposed budget are confidential until the Governor transmits the proposed budget to the Legislature pursuant to NRS 353.230, regardless of whether those parts are in the possession of the Executive or Legislative Department of the State Government. Part [3] 4 of the proposed budget is confidential until the bills which result from the proposed budget are introduced in the Legislature. As soon as practicable after the Governor transmits the proposed budget to the Legislature pursuant to NRS 353.230, the information required to be included in the proposed budget pursuant to subparagraphs (1), (2) and (3) of paragraph (b) of subsection 1 must be posted on the Internet websites maintained by the Governor, the Department of Administration and the Budget Division of the Department of Administration.
Sec. 3.3. NRS 231.0685 is hereby amended to read as follows:
231.0685 The Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330 or 360.750. The report must set forth, for each abatement from taxation that the Office approved [in the 2-year period] during the fiscal years which are 3 fiscal years and 6 fiscal years immediately preceding the submission of the report:
κ2013 Statutes of Nevada, Page 574 (CHAPTER 168, AB 333)κ
during the fiscal years which are 3 fiscal years and 6 fiscal years immediately preceding the submission of the report:
1. The dollar amount of the abatement;
2. The location of the business for which the abatement was approved;
3. The value of infrastructure included as an incentive for the business;
4. If applicable, the number of employees that the business for which the abatement was approved employs or will employ;
[4.] 5. Whether the business for which the abatement was approved is a new business or an existing business; [and
5.] 6. The economic sector in which the business operates, the number of primary jobs related to the business, the average wage paid to employees of the business and the assessed values of personal property and real property of the business; and
7. Any other information that the Office determines to be useful.
Sec. 3.7. NRS 360.750 is hereby amended to read as follows:
360.750 1. A person who intends to locate or expand a business in this State may apply to the Office of Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.
2. The Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:
(a) The business is consistent with:
(1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and
(2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.
(b) The applicant has executed an agreement with the Office which must:
(1) Comply with the requirements of NRS 360.755;
(2) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and
(3) Bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.
(3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
κ2013 Statutes of Nevada, Page 575 (CHAPTER 168, AB 333)κ
hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the health care benefits the business provides to its employees in this State will meet the minimum requirements for health care benefits established by the Office by regulation pursuant to subsection 8.
(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:
(1) The business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.
(3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the health care benefits the business provides to its employees in this State will meet the minimum requirements for health care benefits established by the Office by regulation pursuant to subsection 8.
(f) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
κ2013 Statutes of Nevada, Page 576 (CHAPTER 168, AB 333)κ
(II) The cost to the business for the health care benefits the business provides to its new employees in this State will meet the minimum requirements for health care benefits established by the Office by regulation pursuant to subsection 8.
(g) In lieu of meeting the requirements of paragraph (d), (e) or (f), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:
(1) The business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $500,000 in this State.
(3) The average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the health care benefits the business provides to its employees in this State will meet with minimum requirements for health care benefits established by the Office by regulation pursuant to subsection 8.
3. Notwithstanding the provisions of subsection 2, the Office of Economic Development:
(a) Shall not consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
(b) Shall consider the level of health care benefits provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.
(c) May, if the Office determines that such action is necessary:
(1) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;
(2) Make the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or
(3) Add additional requirements that a business must meet to qualify for a partial abatement.
4. If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
5. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
κ2013 Statutes of Nevada, Page 577 (CHAPTER 168, AB 333)κ
the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
6. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
Κ the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
7. A county treasurer:
(a) Shall deposit any money that he or she receives pursuant to subsection 6 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
8. The Office of Economic Development:
(a) Shall adopt regulations relating to the minimum level of health care benefits that a business must provide to its employees ; [if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement;] and
(b) May adopt such other regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.
9. The Nevada Tax Commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d), (e) or (g) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.
10. An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 4. This act becomes effective on July 1, 2013.
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κ2013 Statutes of Nevada, Page 578κ
Assembly Bill No. 334Assemblymen Healey, Kirkpatrick; Cohen, Fiore, Livermore, Pierce and Swank
Joint Sponsor: Senator Jones
CHAPTER 169
[Approved: May 27, 2013]
AN ACT relating to contractors; exempting certain licensed real estate brokers and salespersons from provisions relating to contractors; requiring certain licensed real estate brokers and salespersons to maintain certain records; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides certain exemptions from the applicability of the provisions of chapter 624 of NRS, which provides for the licensing and regulation of contractors. (NRS 624.031) This bill exempts from those provisions a licensed real estate broker, real estate broker-salesperson or real estate salesperson who, acting within the scope of his or her license or a permit to engage in property management, assists a client in scheduling work to repair or maintain a residential property under certain circumstances. This bill also requires the person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson to maintain a record of any such work that the person assists a client in scheduling.
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 624.031 is hereby amended to read as follows:
624.031 The provisions of this chapter do not apply to:
1. Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.
2. An officer of a court when acting within the scope of his or her office.
3. Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.
4. An owner of property who is building or improving a residential structure on the property for his or her own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.
5. Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:
κ2013 Statutes of Nevada, Page 579 (CHAPTER 169, AB 334)κ
(a) A building permit is required to perform the work;
(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;
(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;
(d) The work is performed as a part of a larger project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or
(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.
6. The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.
7. The construction, alteration, improvement or repair of personal property.
8. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.
9. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his or her use or occupancy and not intended for sale or lease.
10. Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070. A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700. As used in this subsection:
(a) Construction oversight services means the coordination and oversight of labor by volunteers.
(b) Long-term recovery group means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.
(c) Qualified person means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.
11. A person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope of the license or a permit to engage in property management issued pursuant to NRS 645.6052, assists a client in scheduling work to repair or maintain residential property pursuant to a written brokerage agreement or a property management agreement. Such assistance includes, without limitation, assisting a client in the hiring of any number of licensed contractors to perform the work. Nothing in this subsection authorizes the performance of any work for which a license is required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work.
κ2013 Statutes of Nevada, Page 580 (CHAPTER 169, AB 334)κ
required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work. The provisions of this subsection apply only if a building permit is not required to perform the work and if the value of the work does not exceed $10,000 per residential property during the fixed term of the written brokerage agreement, if the assistance is provided pursuant to such an agreement, or during a period not to exceed 6 months if the assistance is provided pursuant to a property management agreement. As used in this subsection:
(a) Brokerage agreement has the meaning ascribed to it in NRS 645.005.
(b) Property management agreement has the meaning ascribed to it in NRS 645.0192.
(c) Real estate broker has the meaning ascribed to it in NRS 645.030.
(d) Real estate broker-salesperson has the meaning ascribed to it in NRS 645.035.
(e) Real estate salesperson has the meaning ascribed to it in NRS 645.040.
(f) Residential property means:
(1) Improved real estate that consists of not more than four residential units; or
(2) A single-family residential unit, including a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
Sec. 2. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person licensed pursuant to this chapter as a real estate broker, real estate broker-salesperson or real estate salesperson shall maintain a record of all work performed on a residential property that the person assists a client in scheduling pursuant to subsection 11 of NRS 624.031.
2. The record required by subsection 1 must include, without limitation:
(a) The name of any person licensed pursuant to chapter 624 of NRS who performs such work;
(b) The date on which the work was performed;
(c) A copy of any written contract to perform the work; and
(d) A copy of any invoice prepared in connection with the work.
3. As used in this section, residential property has the meaning ascribed to it in NRS 624.031.
________
κ2013 Statutes of Nevada, Page 581κ
Assembly Bill No. 337Assemblywoman Carlton
CHAPTER 170
[Approved: May 27, 2013]
AN ACT relating to education; encouraging schools to establish and participate in programs that promote the consumption of fresh fruits and vegetables; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill strongly encourages each school to establish and participate in programs to promote the consumption of fresh fruits and vegetables by children.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Childhood obesity has increased dramatically in recent years, and the quality of childrens diets is a subject of considerable public concern; and
Whereas, Poor nutrition has been linked to childhood obesity as well as behavioral problems, health issues, mental health issues, dental problems, learning deficiencies and poor educational outcomes in children; and
Whereas, Studies show that proper nutrition is essential to a childs well-being and educational success, reduces rates of childhood obesity and enhances the physical, mental and emotional health of children; and
Whereas, The consumption of fruits and vegetables is important for children to receive proper nutrition, yet fruit and vegetable consumption among children is far below recommended levels; and
Whereas, The United States Department of Agricultures Fresh Fruit and Vegetable Program encourages the consumption of fruits and vegetables by making fresh fruit and vegetable snacks available at no cost to all children in participating schools; and
Whereas, Farm-to-school programs connect schools and local and regional farms with the goals of providing schools with minimally processed farm products, serving healthy meals in school cafeterias, improving student nutrition, providing educational opportunities in the areas of agriculture, health and nutrition, and supporting local and regional farmers; and
Whereas, Children who are directly involved in growing fresh fruits and vegetables through a school garden program are more willing to consume fresh fruits and vegetables, demonstrate increased self-esteem, and develop a sense of ownership and responsibility; and
Whereas, The Fresh Fruit and Vegetable Program, farm-to-school programs and school gardens teach children more healthful eating habits and assist in efforts to provide children with opportunities for better nutrition; now, therefore
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby finds and declares:
1. That the members of the 77th Session of the Nevada Legislature strongly encourage each school to participate in the Fresh Fruit and Vegetable Program and establish a farm-to-school program and a school garden program to promote the consumption of fresh fruits and vegetables by children; and
κ2013 Statutes of Nevada, Page 582 (CHAPTER 170, AB 337)κ
Vegetable Program and establish a farm-to-school program and a school garden program to promote the consumption of fresh fruits and vegetables by children; and
2. That the board of trustees of each school district, the superintendent of schools of each school district and the principal of each school within the school district are hereby challenged to bring about the change encouraged by subsection 1.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 341Assemblywoman Carlton
CHAPTER 171
[Approved: May 27, 2013]
AN ACT relating to homeopathic medicine; requiring an applicant for a license or certificate issued by the Board of Homeopathic Medical Examiners to submit to a criminal background check; revising provisions governing homeopathic physicians to make those provisions also applicable to advanced practitioners of homeopathy and homeopathic assistants; revising provisions governing the membership of the Board; revising provisions governing grounds for denial or revocation of a license or certificate or initiating other disciplinary action; revising the qualifications of an applicant for a license to practice as a homeopathic physician; requiring certain applicants for a license to practice as a homeopathic physician to submit proof of certain education and training; revising the educational requirements for an applicant for a certificate as an advanced practitioner of homeopathy; revising provisions relating to the supervision of homeopathic assistants; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires each applicant for a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant to submit to the Board of Homeopathic Medical Examiners a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
Sections 2-5, 7, 11 and 14-28 of this bill revise certain provisions governing homeopathic physicians to make those provisions also applicable to advanced practitioners of homeopathy and homeopathic assistants.
Existing law requires that certain members of the Board must have resided in this State for at least 5 years. (NRS 630A.110) Section 6 of this bill reduces this residency period to a minimum of 3 years.
Existing law establishes certain qualifications of an applicant for a license to practice homeopathic medicine. (NRS 630A.230) Section 9 of this bill makes certain revisions to those qualifications.
κ2013 Statutes of Nevada, Page 583 (CHAPTER 171, AB 341)κ
Existing law requires an applicant for a license to practice homeopathic medicine who is a graduate of a medical school located in the United States or Canada to submit proof of certain education and training. (NRS 630A.240) Section 10 of this bill revises those education and training requirements and provides for the submission by a graduate of a medical school located in the United Kingdom of proof of that education and training.
Existing law authorizes the Board to grant a certificate as an advanced practitioner of homeopathy to a person who has completed an educational program which meets certain requirements. (NRS 630A.293) Section 12 of this bill revises those requirements.
Existing law authorizes the Board to issue a certificate as a homeopathic assistant to an applicant who meets certain qualifications. (NRS 630A.297) Section 13 of this bill requires the applicant to have completed an educational program which meets certain requirements. Section 13 also increases, from five to seven, the maximum number of homeopathic assistants who may be employed or supervised at any given time by a homeopathic physician.
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 630A of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to any other requirements set forth in this chapter, each applicant for a license or certificate, including, without limitation, a reciprocal, limited, temporary, special or restricted license, must submit to the Board:
1. A complete set of fingerprints; and
2. Written permission authorizing the Board to forward the fingerprints submitted pursuant to subsection 1 to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
Sec. 2. NRS 630A.030 is hereby amended to read as follows:
630A.030 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Ministering to a patient while the homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant is under the influence of alcohol or any controlled substance.
2. Gross negligence.
3. Willful disregard of homeopathic medical procedures.
4. Willful and consistent use of homeopathic medical procedures, services or treatment considered by homeopathic physicians in the community to be inappropriate or unnecessary in the cases where used.
Sec. 3. NRS 630A.060 is hereby amended to read as follows:
630A.060 Malpractice means failure on the part of a homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant to exercise the degree of care, diligence and skill ordinarily exercised by homeopathic physicians , advanced practitioners of homeopathy or homeopathic assistants, respectively, in good standing in the community in which he or she practices. As used in this section, community embraces the entire area customarily served by homeopathic physicians , advanced practitioners of homeopathy and homeopathic assistants among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant or the particular city or place where the homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant has an office.
κ2013 Statutes of Nevada, Page 584 (CHAPTER 171, AB 341)κ
the patients of that individual homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant or the particular city or place where the homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant has an office.
Sec. 4. NRS 630A.070 is hereby amended to read as follows:
630A.070 Professional incompetence means lack of ability safely and skillfully to practice homeopathic medicine [,] or [to practice] one or more specified branches of homeopathic medicine [,] as a homeopathic physician, or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, arising from:
1. Lack of knowledge or training.
2. Impaired physical or mental capability of the homeopathic physician [.] , advanced practitioner of homeopathy or homeopathic assistant.
3. Indulgence in the use of alcohol or any controlled substance.
4. Any other sole or contributing cause.
Sec. 5. NRS 630A.080 is hereby amended to read as follows:
630A.080 The purpose of licensing homeopathic physicians and certifying advanced practitioners of homeopathy and homeopathic assistants is to protect the public health and safety and the general welfare of the people of this State. Any license or certificate issued pursuant to this chapter is a revocable privilege and no holder of such a license or certificate acquires thereby any vested right.
Sec. 6. NRS 630A.110 is hereby amended to read as follows:
630A.110 1. Three members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this State for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this State and are residents of [the] this State.
2. One member of the Board must be a person who has resided in this State for at least [5] 3 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
3. The remaining three members of the Board must be persons who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;
(c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS;
(d) Do not have a pecuniary interest in any matter pertaining to such a facility, except as a patient or potential patient; and
(e) Have resided in this State for at least [5] 3 years.
4. The members of the Board must be selected without regard to their individual political beliefs.
5. As used in this section, healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
κ2013 Statutes of Nevada, Page 585 (CHAPTER 171, AB 341)κ
the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 7. NRS 630A.140 is hereby amended to read as follows:
630A.140 1. The Board shall elect from its members a President, a Vice President and a Secretary-Treasurer. The officers of the Board hold their respective offices during its pleasure.
2. The Board shall receive through its Secretary-Treasurer applications for the licenses and certificates issued under this chapter.
3. The Secretary-Treasurer is entitled to receive a salary, in addition to the salary paid pursuant to NRS 630A.160, the amount of which must be determined by the Board.
Sec. 8. NRS 630A.225 is hereby amended to read as follows:
630A.225 1. The Board shall not issue a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant to an applicant who has been licensed or certified to practice any type of medicine in another jurisdiction and whose license or certificate was revoked for gross medical negligence by that jurisdiction.
2. The Board may revoke the license or certificate of any person who has been licensed or certified to practice any type of medicine in another jurisdiction [which] and whose license or certificate was revoked for gross medical negligence by that jurisdiction.
3. The revocation of a license or certificate to practice any type of medicine in another jurisdiction on grounds other than grounds which would constitute [revocation for] gross medical negligence constitutes grounds for initiating disciplinary action or denying the issuance of a license [.] or certificate.
4. If a license or certificate to practice any type of medicine issued to an applicant in another jurisdiction has been revoked or surrendered, the applicant must provide proof satisfactory to the Board that the applicant is rehabilitated with respect to the conduct that was the basis for the revocation or surrender of the license or certificate when submitting an application for a license or certificate to the Board.
5. The Board shall vacate an order to deny a license or certificate if the denial is based on a conviction of:
(a) A felony for a violation or offense described in paragraph (a), (b) or (d) of subsection 2 of NRS 630A.340; or
(b) An offense involving moral turpitude,
Κ and the conviction is reversed on appeal. An applicant may resubmit an application for a license or certificate after a court enters an order reversing the conviction.
6. If the Board finds that an applicant has committed an act or engaged in conduct that constitutes grounds for initiating disciplinary action or denying the issuance of a license or certificate as set forth in NRS 630A.340 to 630A.380, inclusive, the Board shall investigate whether the act or conduct has been corrected or the matter has otherwise been resolved. If the matter has not been resolved to the satisfaction of the Board, the Board, before issuing a license or certificate, shall determine to its satisfaction whether or not mitigating circumstances exist which prevent the resolution of the matter.
κ2013 Statutes of Nevada, Page 586 (CHAPTER 171, AB 341)κ
7. For the purposes of this section, the Board shall adopt by regulation a definition of gross medical negligence.
Sec. 9. NRS 630A.230 is hereby amended to read as follows:
630A.230 1. Every person desiring to practice homeopathic medicine as a homeopathic physician must, before beginning to practice, procure from the Board a license authorizing such practice.
2. Except as otherwise provided in NRS 630A.225, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Is of good moral character;
(c) Has received the degree of doctor of medicine or doctor of osteopathic medicine [from the school he or she attended during the 2 years immediately preceding the granting of the degree;
(c)] , or its equivalent as provided in paragraph (a) of subsection 1 of NRS 630A.240;
(d) Is licensed in good standing to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States;
[(d)] (e) Has completed [1 year] a program of not less than 3 years of postgraduate training in allopathic or osteopathic medicine approved by the Board;
[(e)] (f) Has passed all oral or written examinations required by the Board or this chapter; and
[(f)] (g) Meets any additional requirements established by the Board [.] , including, without limitation, requirements established by regulations adopted by the Board.
Sec. 10. NRS 630A.240 is hereby amended to read as follows:
630A.240 1. An applicant for a license to practice homeopathic medicine as a homeopathic physician who is a graduate of a medical school located in the United States , [or] Canada or the United Kingdom shall submit to the Board, through its Secretary-Treasurer, proof that the applicant has : [received:]
(a) [The] Received the degree of doctor of medicine from a medical school which at the time of his or her graduation was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools, the degree of Bachelor of Medicine and Bachelor of Surgery or its equivalent from a medical school which at the time of his or her graduation was determined by the General Medical Council of the United Kingdom to be entitled to award primary medical qualifications, or the degree of doctor of osteopathic medicine from an osteopathic school which at the time of his or her graduation was accredited by the Bureau of Professional Education of the American Osteopathic Association;
(b) [One year] Completed a program of not less than 3 years of postgraduate training in allopathic or osteopathic medicine approved by the Board; and
(c) [Six months] Completed not less than 600 hours of postgraduate training in homeopathy [.] , 300 hours of which are completed in this State under the supervision of a homeopathic physician or through such other program as is deemed equivalent by the Board.
κ2013 Statutes of Nevada, Page 587 (CHAPTER 171, AB 341)κ
2. In addition to the proofs required by subsection 1, the Board may take such further evidence and require such other documents or proof of qualification as in its discretion may be deemed proper.
3. If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, the applicant may be rejected.
Sec. 11. NRS 630A.290 is hereby amended to read as follows:
630A.290 1. The Board may deny an application for a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant for any violation of the provisions of this chapter or the regulations adopted by the Board.
2. The Board shall notify an applicant of any deficiency which prevents any further action on the application or results in the denial of the application. The applicant may respond in writing to the Board concerning any deficiency and, if the applicant does so, the Board shall respond in writing to the contentions of the applicant.
3. An unsuccessful applicant may appeal to the district court to review the action of the Board within 30 days after the date of the rejection of the application by the Board. Upon appeal the applicant has the burden to show that the action of the Board is erroneous or unlawful.
4. The Board shall maintain records pertaining to applicants to whom licenses and certificates have been issued or denied. The records must be open to the public and must contain:
(a) The name of each applicant.
(b) [The] For an applicant for a license to practice homeopathic medicine, the name of the school granting the diploma [.
(c) The] and the date of the diploma.
[(d)] (c) The date of issuance or denial of the license [.
(e)] or certificate.
(d) The business address of the applicant.
Sec. 12. NRS 630A.293 is hereby amended to read as follows:
630A.293 1. The Board may grant a certificate as an advanced practitioner of homeopathy to a person who has completed an educational program [designed] :
(a) Consisting of not less than 400 hours of training, 200 hours of which are completed in this State under the supervision of a homeopathic physician or such other program as is deemed equivalent by the Board.
(b) Designed to prepare the person to:
[(a)] (1) Perform designated acts of medical diagnosis;
[(b)] (2) Prescribe therapeutic or corrective measures; and
[(c)] (3) Prescribe substances used in homeopathic medicine.
2. An advanced practitioner of homeopathy may:
(a) Engage in selected medical diagnosis and treatment; and
(b) Prescribe substances which are contained in the Homeopathic Pharmacopeia of the United States,
Κ pursuant to a protocol approved by a supervising homeopathic physician. A protocol must not include, and an advanced practitioner of homeopathy shall not engage in, any diagnosis, treatment or other conduct which he or she is not qualified to perform.
3. As used in this section, protocol means a written agreement between a homeopathic physician and an advanced practitioner of homeopathy which sets forth matters including the:
κ2013 Statutes of Nevada, Page 588 (CHAPTER 171, AB 341)κ
(a) Patients which the advanced practitioner of homeopathy may serve;
(b) Specific substances used in homeopathic medicine which the advanced practitioner of homeopathy may prescribe; and
(c) Conditions under which the advanced practitioner of homeopathy must directly refer the patient to the homeopathic physician.
Sec. 13. NRS 630A.297 is hereby amended to read as follows:
630A.297 1. The Board may issue a certificate as a homeopathic assistant to an applicant who is qualified under the regulations of the Board and who has completed an educational program:
(a) Consisting of not less than 200 hours of training, 100 hours of which are completed in this State under the supervision of a homeopathic physician or such other program as is deemed equivalent by the Board.
(b) Designed to prepare the applicant to perform homeopathic services under the supervision of a supervising homeopathic physician.
2. The application for the certificate must be cosigned by the supervising homeopathic physician, and the certificate is valid only so long as that supervising homeopathic physician employs and supervises the homeopathic assistant.
[2.] 3. A homeopathic assistant may perform such homeopathic services as he or she is authorized to perform under the terms of the certificate issued to the homeopathic assistant by the Board, if the services are performed under the supervision and control of the supervising homeopathic physician.
[3.] 4. A supervising homeopathic physician shall not cosign for, employ or supervise more than [five] seven homeopathic assistants at the same time.
Sec. 14. NRS 630A.325 is hereby amended to read as follows:
630A.325 1. To renew a license or certificate, other than a temporary, special or limited license , issued pursuant to this chapter, each person must, on or before January 1 of each year:
(a) Apply to the Board for renewal;
(b) Pay the annual fee for renewal set by the Board;
(c) Submit evidence to the Board of completion of the requirements for continuing education; and
(d) Submit all information required to complete the renewal.
2. The Board shall, as a prerequisite for the renewal or restoration of a license or certificate, other than a temporary, special or limited license, require each holder of a license or certificate to comply with the requirements for continuing education adopted by the Board.
3. Any holder who fails to pay the annual fee for renewal and submit all information required to complete the renewal after they become due must be given a period of 60 days in which to pay the fee and submit all required information and, failing to do so, automatically forfeits the right to practice homeopathic medicine [,] or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, and his or her license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant in this State is automatically suspended. The holder may, within 2 years after the date his or her license or certificate is suspended, apply for the restoration of the license [.] or certificate.
4. The Board shall notify any holder whose license or certificate is automatically suspended pursuant to subsection 3 and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
κ2013 Statutes of Nevada, Page 589 (CHAPTER 171, AB 341)κ
notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 15. NRS 630A.340 is hereby amended to read as follows:
630A.340 The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license [:] or certificate:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive;
(c) Any offense involving moral turpitude; or
(d) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine [.] or the practice, or the ability to practice, as an advanced practitioner of homeopathy or as a homeopathic assistant.
Κ A plea of nolo contendere to any offense listed in this subsection shall be deemed a conviction.
3. The suspension, modification or limitation of a license or certificate to practice any type of medicine or to perform any type of medical services by any other jurisdiction.
4. The surrender of a license or certificate to practice any type of medicine or to perform any type of medical services or the discontinuance of the practice of medicine while under investigation by any licensing or certifying authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.
5. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a [practitioner.] homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant.
6. Professional incompetence.
Sec. 16. NRS 630A.350 is hereby amended to read as follows:
630A.350 The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license [:] or certificate:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice homeopathic medicine [.] or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant.
2. Willfully representing with the purpose of obtaining compensation or other advantages for himself or herself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Obtaining, maintaining or renewing, or attempting to obtain, maintain or renew, a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.
κ2013 Statutes of Nevada, Page 590 (CHAPTER 171, AB 341)κ
4. Advertising the practice of homeopathic medicine or practice as an advanced practitioner of homeopathy or as a homeopathic assistant in a false, deceptive or misleading manner.
5. Practicing or attempting to practice homeopathic medicine , or practicing or attempting to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, under a name other than the name under which [he or she] the person practicing or attempting to practice is licensed [.] or certified.
6. Signing a blank prescription form.
7. Influencing a patient in order to engage in sexual activity with the patient or another person.
8. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage a patient from obtaining a second opinion.
9. Terminating the medical care of a patient without giving adequate notice or making other arrangements for the continued care of the patient.
Sec. 17. NRS 630A.370 is hereby amended to read as follows:
630A.370 The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license [:] or certificate:
1. Inability to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, with reasonable skill and safety because of an illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other addictive substance.
2. Engaging in any:
(a) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
3. Administering, dispensing or prescribing any controlled substance, except as authorized by law.
4. Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body to cause an abortion.
5. Practicing or offering to practice beyond the scope permitted by law, or performing services which the homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant knows or has reason to know he or she is not competent to perform.
6. Performing any procedure without first obtaining the informed consent of the patient or the patients family or prescribing any therapy which by the current standards of the practice of homeopathic medicine is experimental.
7. Continued failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by homeopathic physicians , advanced practitioners of homeopathy and homeopathic assistants in good standing who practice homeopathy and electrodiagnosis [.] , as applicable.
8. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
κ2013 Statutes of Nevada, Page 591 (CHAPTER 171, AB 341)κ
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
Sec. 18. NRS 630A.380 is hereby amended to read as follows:
630A.380 The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license [:] or certificate:
1. Willful disclosure of a communication privileged under a statute or court order.
2. Willful failure to comply with any provision of this chapter, regulation, subpoena or order of the Board or with any court order relating to this chapter.
3. Willful failure to perform any statutory or other legal obligation imposed upon a licensed homeopathic physician [.] , a certified advanced practitioner of homeopathy or a certified homeopathic assistant, as applicable.
Sec. 19. NRS 630A.390 is hereby amended to read as follows:
630A.390 1. Any person who becomes aware that a person practicing medicine or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a written complaint with the Board.
2. Any medical society or medical facility or facility for the dependent licensed in this State shall report to the Board the initiation and outcome of any disciplinary action against any homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant concerning the care of a patient or the competency of the homeopathic physician [.] , advanced practitioner of homeopathy or homeopathic assistant.
3. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a homeopathic physician [:] , advanced practitioner of homeopathy or homeopathic assistant:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law relating to controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or negligence.
4. The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
Sec. 20. NRS 630A.490 is hereby amended to read as follows:
630A.490 Except as otherwise provided in chapter 622A of NRS:
1. Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the homeopathic physician , advanced practitioner of homeopathy or homeopathic assistant at his or her last known address. If personal service cannot be made and if notice by mail is returned undelivered, the Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the [homeopathic physicians] last known address of the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
κ2013 Statutes of Nevada, Page 592 (CHAPTER 171, AB 341)κ
[homeopathic physicians] last known address of the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under this chapter must be filed with the Board and recorded in the minutes of the Board.
Sec. 21. NRS 630A.500 is hereby amended to read as follows:
630A.500 Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary hearing:
1. Proof of actual injury need not be established.
2. A certified copy of the record of a court or a licensing or certifying agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant is conclusive evidence of its occurrence.
Sec. 22. NRS 630A.510 is hereby amended to read as follows:
630A.510 1. Any member of the Board who was not a member of the investigative committee, if one was appointed, may participate in the final order of the Board. If the Board, after notice and a hearing as required by law, determines that a violation of the provisions of this chapter or the regulations adopted by the Board has occurred, it shall issue and serve on the person charged an order, in writing, containing its findings and any sanctions imposed by the Board. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the person that the charges have been dismissed.
2. If the Board finds that a violation has occurred, it may by order:
(a) Place the person on probation for a specified period on any of the conditions specified in the order.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person or exclude a method of treatment from the scope of his or her practice.
(d) Suspend the license or certificate of the person for a specified period or until further order of the Board.
(e) Revoke the persons license [of the person] to practice homeopathic medicine [.] or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant.
(f) Require the person to participate in a program to correct a dependence upon alcohol or a controlled substance, or any other impairment.
(g) Require supervision of the persons practice.
(h) Impose an administrative fine not to exceed $10,000.
(i) Require the person to perform community service without compensation.
(j) Require the person to take a physical or mental examination or an examination of his or her competence to practice homeopathic medicine [.] or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable.
(k) Require the person to fulfill certain training or educational requirements.
3. The Board shall not administer a private reprimand.
κ2013 Statutes of Nevada, Page 593 (CHAPTER 171, AB 341)κ
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 23. NRS 630A.520 is hereby amended to read as follows:
630A.520 1. Any person aggrieved by a final order of the Board is entitled to judicial review of the Boards order as provided by law.
2. Every order of the Board which limits the practice of homeopathic medicine or the practice of an advanced practitioner of homeopathy or of a homeopathic assistant or suspends or revokes a license or certificate is effective from the date the Secretary-Treasurer of the Board certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court.
3. The district court shall give a petition for judicial review of the Boards order priority over other civil matters which are not expressly given priority by law.
Sec. 24. NRS 630A.530 is hereby amended to read as follows:
630A.530 1. Any person:
(a) Whose practice of homeopathic medicine has been limited; or
(b) Whose license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant has been:
(1) Suspended until further order; or
(2) Revoked,
Κ may apply to the Board for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license [.] or certificate.
2. In hearing the application, the Board or a committee of members of the Board:
(a) May require the applicant to submit to a mental or physical examination or an examination of his or her competence to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, by physicians or other persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.
3. The applicant has the burden of proving by clear and convincing evidence that the requirements for reinstatement of the license or certificate or removal of the limitation or suspension have been met.
4. The Board shall not reinstate a license or certificate unless it is satisfied that the applicant has complied with all of the terms and conditions set forth in the final order of the Board and that the applicant is capable of practicing homeopathic medicine or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, with reasonable skill and safety to patients.
5. In addition to any other requirements set forth in chapter 622A of NRS, to reinstate a license or certificate that has been revoked by the Board, a person must apply for a license or certificate and take an examination as though the person had never been licensed or certified under this chapter.
κ2013 Statutes of Nevada, Page 594 (CHAPTER 171, AB 341)κ
Sec. 25. NRS 630A.570 is hereby amended to read as follows:
630A.570 1. The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing homeopathic medicine without a license or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant without the appropriate certificate.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve such person from criminal prosecution for practicing without a license or certificate.
Sec. 26. NRS 630A.580 is hereby amended to read as follows:
630A.580 In seeking injunctive relief against any person for an alleged violation of this chapter by practicing homeopathic medicine without a license or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant without the appropriate certificate, it is sufficient to allege that the person did, upon a certain day, and in a certain county of this State, engage in the practice of homeopathic medicine or in the practice of an advanced practitioner of homeopathy or of a homeopathic assistant without having [a] the appropriate license or certificate to do so, without alleging any further or more particular facts concerning the matter.
Sec. 27. NRS 630A.590 is hereby amended to read as follows:
630A.590 A person who:
1. Presents to the Board as his or her own the diploma, license, certificate or credentials of another;
2. Gives either false or forged evidence of any kind to the Board;
3. Practices homeopathic medicine or practices as an advanced practitioner of homeopathy or as a homeopathic assistant under a false or assumed name; or
4. Except as otherwise provided in NRS 629.091, practices homeopathic medicine or practices as an advanced practitioner of homeopathy or as a homeopathic assistant without being appropriately licensed or certified under this chapter,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 28. NRS 630A.600 is hereby amended to read as follows:
630A.600 Except as otherwise provided in NRS 629.091, a person who practices homeopathic medicine or who practices as an advanced practitioner of homeopathy or as a homeopathic assistant without [a] the appropriate license or certificate issued pursuant to this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.
________
κ2013 Statutes of Nevada, Page 595κ
Senate Bill No. 4Committee on Health and Human Services
CHAPTER 172
[Approved: May 27, 2013]
AN ACT relating to communicable diseases; revising provisions governing the testing of a person who may have exposed certain public employers, employees or volunteers to a communicable disease; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if the duties of a law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or any of their employees, any other person who is employed by an agency of criminal justice or any other public employee may require him or her to come into contact with human blood or bodily fluids and if he or she may have been exposed to a contagious disease while performing those duties, the employee or his or her employer may petition a court to have the person or decedent who may have exposed the employee or his or her employer to a contagious disease tested for exposure to the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis. Upon a finding by a court that there is probable cause to believe that a possible transfer of blood or other bodily fluids to the petitioner or the person on whose behalf the petition was filed occurred, the court is required to order testing of the blood of the person or decedent who possibly exposed to a contagious disease the petitioner or the person on whose behalf the petition was filed. (NRS 441A.195)
Section 1 of this bill allows any such employee or a volunteer for a public agency, who comes in contact with human blood or bodily fluids in the course of his or her official duties, or his or her employer or the public agency for which he or she volunteers, to seek a test of the person or decedent who possibly exposed the public employee or volunteer to a communicable disease. Section 1 requires a court to determine that the employee or volunteer would require medical intervention if there is a positive result to the test for the presence of a communicable disease before issuing an order for a test. Section 1 allows a judge or a justice of the peace hearing the petition upon a determination of probable cause and the ordering of a test, to authorize certain persons acting on behalf of the employer or public agency to sign the name of the judge or justice of the peace on a duplicate order. Such an order is to be deemed an order of the court but must be returned to the judge or justice of the peace for endorsement. Failure by the judge or justice of the peace to endorse the order does not in and of itself invalidate the order. Section 1 also: (1) requires any records concerning such a petition or proceeding on such a petition to be sealed and kept confidential; and (2) authorizes a court to establish rules to allow a judge or justice of the peace to conduct a hearing or issue an order by electronic or telephonic means. Sections 2 and 3 of this bill authorize justice courts and municipal courts to issue such orders.
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 441A.195 is hereby amended to read as follows:
441A.195 1. A law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or any of their employees [,] or volunteers, any other person who is employed by or is a volunteer for an agency of criminal justice or any other public employee [whose duties may require him or her to come] or volunteer for a public agency who, in the course of his or her official duties, comes into contact with human blood or bodily fluids, [who may have been exposed to a contagious disease while performing his or her official duties,] or the employer of such a person [,] or the public agency for which
κ2013 Statutes of Nevada, Page 596 (CHAPTER 172, SB 4)κ
other public employee [whose duties may require him or her to come] or volunteer for a public agency who, in the course of his or her official duties, comes into contact with human blood or bodily fluids, [who may have been exposed to a contagious disease while performing his or her official duties,] or the employer of such a person [,] or the public agency for which the person volunteers, may petition a court for an order requiring the testing of a person or decedent for exposure to [the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis] a communicable disease if the person or decedent may have exposed the officer, emergency medical attendant, firefighter, county coroner or medical examiner or their employee [,] or volunteer, other person employed by or volunteering for an agency of criminal justice or other public employee [whose duties may require him or her to come into contact with human blood or bodily fluids] or volunteer for a public agency to a [contagious] communicable disease.
2. When possible, before filing a petition pursuant to subsection 1, the person , [or] employer or public agency for which the person volunteers, and who is petitioning shall submit information concerning the possible exposure to a [contagious] communicable disease to the designated health care officer for the employer or public agency or, if there is no designated health care officer, the person designated by the employer or public agency to document and verify possible exposure to [contagious] communicable diseases, for verification that there was substantial exposure. Each designated health care officer or person designated by an employer or public agency to document and verify possible exposure to [contagious] communicable diseases shall establish guidelines based on current scientific information to determine substantial exposure.
3. A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person or decedent who possibly exposed him or her to a [contagious] communicable disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred [,] and, that a positive result from the test for the presence of a communicable disease would require the petitioner to seek medical intervention, the court shall:
(a) Order the person who possibly exposed the petitioner, or the person on whose behalf the petition was filed, to a [contagious] communicable disease to submit two appropriate specimens [of blood] to a local hospital or medical laboratory for testing for exposure to [the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis;] a communicable disease; or
(b) Order that two appropriate specimens [of blood] be [drawn] taken from the decedent who possibly exposed the petitioner, or the person on whose behalf the petition was filed, to a [contagious] communicable disease and be submitted to a local hospital or medical laboratory for testing for exposure to the [human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis.] communicable disease.
Κ The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in NRS 629.069.
κ2013 Statutes of Nevada, Page 597 (CHAPTER 172, SB 4)κ
4. If a judge or a justice of the peace enters an order pursuant to this section, the judge or justice of the peace may authorize the designated health care officer or the person designated by the employer or public agency to document and verify possible exposure to a communicable disease to sign the name of the judge or justice of the peace on a duplicate order. Such a duplicate order shall be deemed to be an order of the court. As soon as practicable after the duplicate order is signed, the duplicate order must be returned to the judge or justice of the peace who authorized the signing of it and must indicate on its face the judge or justice of the peace to whom it is to be returned. The judge or justice of the peace, upon receiving the returned order, shall endorse the order with his or her name and enter the date on which the order was returned. Any failure of the judge or justice of the peace to make such an endorsement and entry does not in and of itself invalidate the order.
5. Except as otherwise provided in NRS 629.069, all records submitted to the court in connection with a petition filed pursuant to this section and any proceedings concerning the petition are confidential and the judge or justice of the peace shall order the records and any record of the proceedings to be sealed and to be opened for inspection only upon an order of the court for good cause shown.
6. A court may establish rules to allow a judge or justice of the peace to conduct a hearing or issue an order pursuant to this section by electronic or telephonic means.
7. The employer of a person or the public agency for which the person volunteers, who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer or public agency, shall pay the cost of performing the test pursuant to subsection 3.
[5.] 8. As used in this section:
(a) Agency of criminal justice has the meaning ascribed to it in NRS 179A.030.
(b) Emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $10,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $10,000.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $10,000, though the penalty may exceed that sum.
κ2013 Statutes of Nevada, Page 598 (CHAPTER 172, SB 4)κ
may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $10,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $10,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.
(l) In actions for a fine imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; or
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.
(n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(o) In small claims actions under the provisions of chapter 73 of NRS.
(p) In actions to contest the validity of liens on mobile homes or manufactured homes.
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
(r) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.
(s) In actions transferred from the district court pursuant to NRS 3.221.
(t) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(u) In any action seeking an order pursuant to NRS 441A.195.
κ2013 Statutes of Nevada, Page 599 (CHAPTER 172, SB 4)κ
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or 176A.280.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 3. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To prevent or abate a nuisance within the limits of their respective cities.
2. The municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or 176A.280.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $2,500.
(f) Actions seeking an order pursuant to NRS 441A.195.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
κ2013 Statutes of Nevada, Page 600 (CHAPTER 172, SB 4)κ
necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
Sec. 4. NRS 629.069 is hereby amended to read as follows:
629.069 1. A provider of health care shall disclose the results of all tests performed pursuant to NRS 441A.195 to:
(a) The person who was tested and, upon request, a member of the family of a decedent who was tested;
(b) The law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner or their employee [,] or volunteer, other person who is employed by or volunteers for an agency of criminal justice or other public employee [whose duties may require him or her to come into contact with human blood or bodily fluids] or volunteer of a public agency who filed the petition or on whose behalf the petition was filed pursuant to NRS 441A.195;
(c) The designated health care officer for the employer of the person or the public agency for which the person volunteers, as described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer or public agency to document and verify possible exposure to [contagious] communicable diseases;
(d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any; and
(e) A designated investigator or member of the State Board of Osteopathic Medicine during any period in which the Board is investigating the holder of a license pursuant to chapter 633 of NRS.
2. A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.
3. A person to whom the results of a test pursuant to paragraph (b) or (c) of subsection 1 are disclosed shall keep any information relating to the identity of the person about whom the results relate in strict confidence and shall not disclose any information about that person or the results of any test which would identify the person to any other person or governmental entity.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 601κ
Senate Bill No. 80Senator Settelmeyer
CHAPTER 173
[Approved: May 27, 2013]
AN ACT relating to commodities; authorizing the State Dairy Commission to impound and dispose of certain milk or milk products; authorizing the Commission to impose a civil penalty for certain violations relating to fluid milk and fluid cream; requiring a member of the Commission to have a background in agriculture; authorizing the Commission to enter into an agreement to promote and develop the dairy industry in this State; revising the circumstances under which milk and milk products may be imported and sold in this State without inspection by the Commission; revising certain provisions governing distributors and producers of fluid milk and fluid cream; repealing certain provisions governing fees and sales of butter and margarine, inspection of dairy farms and hearings conducted by the Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Dairy Commission and provides for the membership of the Commission. (NRS 584.031, 584.033) Existing law authorizes the Commission to adopt regulations to carry out the provisions of chapter 584 of NRS governing dairy products and dairy substitutes and requires the Commission to enforce those provisions. (NRS 584.067, 584.089) Section 2 of this bill authorizes the Commission to impound and dispose of any adulterated milk or milk product or any misbranded milk or milk product. Section 3 of this bill authorizes the Commission to impose a civil penalty of not more than $1,000 for a violation of certain provisions governing permits for the sale of milk and cream. Section 6 of this bill requires one member of the Commission to have a background in agriculture. Section 7 of this bill authorizes the Commission to accept gifts and grants and to enter into agreements to promote and develop the economic viability of the dairy industry in this State.
Existing law requires the Commission to adopt regulations governing the production and manufacturing of frozen desserts sold for ultimate consumption within this State. (NRS 584.103) Section 9 of this bill deletes the requirement that the frozen desserts be sold for ultimate consumption within this State and requires the Commission to adopt those regulations for all frozen desserts sold within this State.
Section 11 of this bill deletes the requirement that the Commission make certain determinations concerning impure butter.
Sections 14 and 15 of this bill delete certain references to standards adopted by the American Association of Medical Milk Commissions concerning certified raw milk.
Existing law sets forth the fee for issuing and renewing a milk testers license. (NRS 584.220, 584.225) Sections 17 and 18 of this bill delete the provisions that specify the amount of the fee and instead authorize the Commission to establish a fee of not more than $10 by regulation.
Existing law provides for the regulation of the business activities of distributors and producers of fluid milk and fluid cream. (NRS 584.325-584.670) Sections 19-35 of this bill make various changes to those provisions. Sections 19-23 revise the definitions of the terms distributor, fluid cream, fluid milk, fresh dairy products and producer, respectively. Sections 24 and 25 revise the policy of this State to include the promotion of the economic viability of the dairy industry in this State to ensure the availability of certain dairy products. Sections 26 and 27 revise the requirements for the Commission to designate marketing areas for dairy products and to formulate stabilization and marketing plans for fluid milk or fluid cream.
κ2013 Statutes of Nevada, Page 602 (CHAPTER 173, SB 80)κ
Section 28 deletes substitute dairy products from the provisions which prohibit a distributor from extending special prices or services to certain customers. Section 29 requires a distributor to provide to the Commission a statement of costs in accordance with the appropriate stabilization and marketing plan and specifies that a retailer is not prohibited from donating or discounting a dairy product within 48 hours before midnight of the date of expiration printed on the dairy product. Section 30 includes retailers in certain provisions concerning the competitive prices of distributors. Section 31 requires each distributor, before purchasing any fluid milk or fluid cream directly from a producer, to execute a surety bond in an amount specified by the Commission. Section 34 revises the assessment imposed by the Commission on all distributors of fresh dairy products. Section 35 requires a distributor who makes no sales or purchases of a dairy product during a month to file with the Commission a report indicating that fact.
Section 36 of this bill repeals numerous provisions of existing law governing dairy products and dairy substitutes, including the repeal of: (1) certain fees charged and collected by the Commission; (2) provisions governing the sale of butter; (3) certain provisions governing the inspection of dairy farms, milk plants and other facilities located outside of this State; (4) certain provisions governing hearings by the Commission; and (5) certain restrictions on the sale of substitute dairy products by a distributor.
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 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In addition to the provisions of NRS 584.208, raw milk may be sold or dispensed:
(a) Solely to a hauler of milk or to a processing facility which is permitted or regulated by a state or federal agency; or
(b) Only if the raw milk is labeled FOR ANIMAL FOOD - NOT FOR HUMAN CONSUMPTION in letters at least 3 inches high on each container of the raw milk and only if the raw milk is altered with an approved denaturant consisting of:
(1) Finely powdered charcoal;
(2) FD&C Blue No. 1, FD&C Blue No. 2 or Ultramarine Blue; or
(3) FD&C Green No. 3, FD&C Red No. 3 or FD&C Red No. 40.
2. The Commission may impound and dispose of any adulterated milk or milk product or misbranded milk or milk product in any manner prescribed by the Commission.
3. As used in this section:
(a) Adulterated milk or milk product means any milk or milk product for which one or more of the conditions prescribed in 21 U.S.C. § 342 exist.
(b) Misbranded milk or milk product means any milk or milk product:
(1) That is packaged in a container which displays or is accompanied by any false or misleading written, printed or graphic matter; or
(2) For which one or more of the conditions prescribed in 21 U.S.C. § 343 exist.
κ2013 Statutes of Nevada, Page 603 (CHAPTER 173, SB 80)κ
(c) Sold or dispensed means any transaction involving the transfer or dispensing of raw milk by barter or contractual agreement or in exchange for any form of compensation, including, but not limited to, the sale of shares or interests in a cow, goat or other lactating mammal or herd.
Sec. 3. In addition to denying, suspending or revoking a permit pursuant to NRS 584.210 or the imposition of any other penalty pursuant to the provisions of this section and NRS 584.180 to 584.210, inclusive, and section 2 of this act, the Commission may impose a civil penalty of not more than $1,000 for each violation of those provisions, which may be recovered by the Commission in a civil action in a court of competent jurisdiction. All sums recovered under this subsection must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 4. NRS 584.007 is hereby amended to read as follows:
584.007 Milk processing plant means any place, [structure] premises or [building] establishment where [a distributor receives fluid] milk , milk products or [fluid cream and weighs or tests or standardizes or pasteurizes or homogenizes or separates or bottles or packages such fluid milk or fluid cream. The term does not include a place or structure or building used for the purpose of receiving, weighing or testing fluid milk or fluid cream which is to be diverted or delivered to the milk plant of the distributor receiving fluid milk or fluid cream, which milk plant is licensed and bonded under the provisions of NRS 584.595 to 584.645, inclusive.] dairy products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, packaged or prepared for distribution.
Sec. 5. NRS 584.009 is hereby amended to read as follows:
584.009 Single-service plant means a place, structure or building where a person engages in the business of manufacturing a single-service container or closure for use by a milk processing plant for the packaging of finished Grade A milk or milk products.
Sec. 6. NRS 584.033 is hereby amended to read as follows:
584.033 1. The Governor shall appoint the members of the Commission, who must have the following qualifications:
(a) One member must be a public accountant or certified public accountant who has been issued a permit or a certificate pursuant to the laws of this State;
(b) One member must [be an agricultural economist;] have a background in agriculture; and
(c) One member must be experienced in banking or finance.
2. The Governor shall designate one of the members as Chair.
3. A member of the Commission [shall] must not have any connection with any segment of the dairy industry.
4. The Governor may remove a member of the Commission for malfeasance in office or neglect of duty.
Sec. 7. NRS 584.041 is hereby amended to read as follows:
584.041 1. Each member of the Commission is entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.
2. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. The Commission may [expend] :
κ2013 Statutes of Nevada, Page 604 (CHAPTER 173, SB 80)κ
(a) Apply for and accept any gifts, grants, donations or contributions from any source to promote and develop the economic viability of the dairy industry in this State.
(b) Expend in accordance with law all money made available for its use.
(c) In addition to any contract entered into pursuant to NRS 584.047, enter into any contract or other agreement to promote and develop the economic viability of the dairy industry in this State.
Sec. 8. NRS 584.101 is hereby amended to read as follows:
584.101 1. As used in this section:
(a) Candy includes candies, cakes, cookies, glaceed fruits, prepared cereals and similar products.
(b) Chocolate ice cream means ice cream flavored with chocolate or cocoa.
(c) Fruit ice cream means ice cream containing not less than 3 percent by weight of clean, mature, sound fruit or its equivalent in other forms.
(d) Nut or candy ice cream means ice cream containing not less than 1 percent by weight of sound [, nonrancid] nut meats or candy.
2. No frozen dessert may be labeled or sold in this state as ice cream unless it:
(a) Weighs at least 4.5 pounds per gallon;
(b) Contains at least 6 percent of milk solids not fat; and
(c) Except as provided in subsection 3, contains at least 10 percent of milk fat and 20 percent of total milk solids.
3. Chocolate ice cream, fruit ice cream and nut or candy ice cream must contain at least 8 percent of milk fat and 16 percent of total milk solids.
4. Frozen desserts may be produced and sold which contain less than the amounts of milk fat required by subsections 2 and 3 for their respective categories of ice cream, but must be labeled:
(a) Ice milk if they contain at least 2 percent of milk fat and 11 percent of milk solids;
(b) Low-fat frozen dairy desserts if they contain at least 0.5 percent but less than 2 percent milk fat; or
(c) By a name which does not imply a dairy dessert, if they contain less than such amounts.
Sec. 9. NRS 584.103 is hereby amended to read as follows:
584.103 Except as otherwise provided by law, the Commission shall adopt, and may amend and repeal, reasonable regulations governing:
1. The production, manufacturing, mixing, preparing, processing, pasteurizing, freezing, packaging, transportation, handling, sampling, examination, labeling and sale of all mix and frozen desserts sold [for ultimate consumption] within the State of Nevada.
2. The inspection of all establishments engaged in the production, processing and distribution of mix and frozen desserts.
3. The issuing and revocation of permits to frozen desserts plants.
4. The grading and regrading of frozen desserts plants.
5. The displaying of grade placards.
6. The fixing of penalties for a violation of the regulations.
Sec. 10. NRS 584.125 is hereby amended to read as follows:
584.125 For the purposes of NRS [584.110] 584.125 to [584.160,] 584.145, inclusive, wholesome butter [is defined to be] means butter made from cream and milk wherein the entire procedure from dairy to creamery, or other place of manufacture of such product or products, is conducted under sanitary conditions, and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or, if not so certified, wherein such milk or cream has been pasteurized as prescribed by the Commission pursuant to NRS 584.135.
κ2013 Statutes of Nevada, Page 605 (CHAPTER 173, SB 80)κ
sanitary conditions, and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or, if not so certified, wherein such milk or cream has been pasteurized as prescribed by the Commission pursuant to NRS 584.135.
Sec. 11. NRS 584.130 is hereby amended to read as follows:
584.130 The inspection of butter under the provisions of NRS [584.110] 584.125 to [584.160,] 584.145, inclusive, and the determination of the same as wholesome , [or impure,] are hereby made duties of the Commission. The Commission is hereby given all necessary authority and power for such inspection and determination and may employ such inspectors or agents therefor as may be necessary within any revenues generated or appropriation provided for such purposes.
Sec. 12. NRS 584.135 is hereby amended to read as follows:
584.135 The Commission shall make such regulations, within the meaning and purposes of NRS [584.110] 584.125 to [584.160,] 584.145, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.
Sec. 13. NRS 584.145 is hereby amended to read as follows:
584.145 Pasteurizing plants must be equipped with a self-registering device for recording the time and temperature of pasteurizing. Such a record must be kept for at least 6 months and must be available for inspection by any health officer or person charged with the enforcement of NRS [584.110] 584.125 to [584.160,] 584.145, inclusive.
Sec. 14. NRS 584.205 is hereby amended to read as follows:
584.205 1. In addition to the initial inspection of new applicants, the Commission shall, except as otherwise provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees to ascertain whether the services, facilities and equipment continue to comply with the regulations referred to in NRS 584.195.
2. Except as otherwise provided in NRS 584.208 and the regulations adopted pursuant to that section, milk and milk products, including certified raw milk and products made from it, imported from outside the State of Nevada may be sold in this state without inspection by the Commission if the requirements of paragraph [(c) and the requirements of paragraph] (a) or (b) are met:
(a) [In the case of certified raw milk and products made from it, they have been produced under standards adopted by the American Association of Medical Milk Commissions and under the statutory provisions of the State of California applicable to such products.
(b)] The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations.
[(c)] (b) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.
3. Whenever the Commission has reasonable grounds to believe that a seller of milk or milk products, including certified raw milk and products made from it, is violating any of the regulations adopted by the Commission or any county milk commission relating to the sanitation and grading of milk and milk products, including certified raw milk and products made from it, or that the sellers facilities or products fail to meet the regulations, or that the sellers operation is in any other manner not in the best interests of the people of this state, the Commission may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive [.]
κ2013 Statutes of Nevada, Page 606 (CHAPTER 173, SB 80)κ
and milk products, including certified raw milk and products made from it, or that the sellers facilities or products fail to meet the regulations, or that the sellers operation is in any other manner not in the best interests of the people of this state, the Commission may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive [.] , and sections 2 and 3 of this act.
Sec. 15. NRS 584.207 is hereby amended to read as follows:
584.207 1. Certified raw milk is unpasteurized, marketed milk which conforms to the regulations and standards adopted by the county milk commission for the production and distribution of certified raw milk and certified raw milk products in the county in which they are produced.
2. In each county in which certified raw milk or certified raw milk products are produced for public consumption, there must be a county milk commission to regulate the production and distribution of those products. The board of county commissioners shall appoint to the commission three members for terms of 4 years, all of whom are eligible for reappointment. The members must all be residents of the county and have the following respective qualifications:
(a) One member must be a physician licensed in this State and a member of the medical society of the state;
(b) One member must be a veterinarian licensed in this State and a member of the county or regional veterinarian association; and
(c) One member must be a representative of the public at large.
3. A county milk commission shall:
(a) Elect one of its members as chair and adopt appropriate rules to govern:
(1) The time and place of its meetings;
(2) Its rules of procedure; and
(3) Its recordkeeping and other internal operations.
(b) Adopt written regulations, which must be approved by the State Dairy Commission, governing the production, distribution and sale in the county of certified raw milk and products made from it, to protect the public health and safety and the integrity of the product. [The regulations so adopted must conform as nearly as practicable to, but may be more stringent than, the standards adopted by the American Association of Medical Milk Commissions.]
(c) Certify raw milk and the products thereof for any applicant producing raw milk within the county, whose product and methods of production, distribution and sale comply with the regulations and standards adopted by the county milk commission.
4. A county milk commission may:
(a) Establish and collect such fees and charges as appear reasonably necessary to defray the costs and expenses incurred by it in the performance of its duties under this section, and expend any money so collected as is necessary for such performance.
(b) Conduct such tests, inspections and analyses as are necessary to enable it to perform its duties under this section and employ such personnel and equipment as it deems necessary therefor.
5. Each applicant for certification must, as a condition for entertaining his or her application and as a condition for any certification granted, submit for testing by the county milk commission such samples as the county milk commission requests, and allow inspections by the county milk commission or its agents at any reasonable times, of any or all of the facilities, equipment, herds or other property employed in the applicants dairy operations, including, without limitation, all of the applicants books and records relating thereto.
κ2013 Statutes of Nevada, Page 607 (CHAPTER 173, SB 80)κ
commission requests, and allow inspections by the county milk commission or its agents at any reasonable times, of any or all of the facilities, equipment, herds or other property employed in the applicants dairy operations, including, without limitation, all of the applicants books and records relating thereto.
Sec. 16. NRS 584.210 is hereby amended to read as follows:
584.210 1. Whenever the Commission has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, and sections 2 and 3 of this act is violating any of the provisions of those sections, or any of the rules, regulations or specifications adopted by the Commission relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet those regulations or are not reliable or are questionable, or when the Commission determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the Commission may, after providing notice and opportunity for a hearing pursuant to the provisions of subsection 2, refuse to grant a permit or suspend or revoke any or all permits previously issued.
2. Except as otherwise provided in this subsection, if the Commission intends to refuse to grant a permit or to suspend or revoke a permit pursuant to the provisions of subsection 1, the Commission shall provide to the applicant or permittee, by certified mail, written notice of the intended action within the period established pursuant to regulations adopted by the Commission. The notice must specify the reasons, the legal authority and the jurisdiction of the Commission for taking the intended action. Upon receipt of the notice, an applicant or permittee may request a hearing, and, if so requested, the Commission shall conduct a hearing pursuant to regulations adopted by the Commission. If an applicant or permittee does not request a hearing after being notified pursuant to the provisions of this subsection, any decision of the Commission made pursuant to this section is final and not subject to judicial review. Such notice and hearing is not required and a permit may be summarily disapproved, revoked or suspended by the Commission if the Commission finds that, based upon the particular circumstances of the case, it is in the best interests of the health, safety or welfare of the people of this state to so proceed.
3. The Commission may conduct the investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with a hearing conducted pursuant to the provisions of this section.
4. The findings of the Commission and the judgment or order must be reduced to writing and filed in the permanent public records of the Commission. The findings must state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies must be furnished to the applicant or permittee who may, if he or she requested and was given a hearing or if the application or permit was summarily disapproved, revoked or suspended pursuant to the provisions of subsection 2, file an appeal pursuant to regulations adopted by the Commission. Upon the filing of the appeal, the Chair of the Commission or the Chairs designee shall appoint a person who did not participate in the decision of the Commission to conduct a hearing in accordance with those regulations.
κ2013 Statutes of Nevada, Page 608 (CHAPTER 173, SB 80)κ
regulations. The applicant or permittee is entitled to judicial review of the decision of the person so appointed in the manner provided by chapter 233B of NRS. Upon the filing for appeal or review, the enforcement of the Commissions order must be stayed pending final disposition of the matter. If the order is judicially affirmed, it becomes final and the stay of enforcement is automatically vacated.
5. In any case where the Commission refuses to issue a permit, or suspends or revokes a permit, the applicant or accused is entitled to submit another application for the consideration of the Commission.
6. The Commission shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 17. NRS 584.220 is hereby amended to read as follows:
584.220 1. Every creamery, shipping station, milk factory, cheese factory, ice cream factory, condensery, or any person, firm or corporation receiving or purchasing milk or cream on the basis of butterfat contained therein is required to hold a license so to do.
2. The license must be issued to the creamery, shipping station, milk factory, condensery, ice cream factory, cheese factory, or person, firm or corporation by the Commission upon complying with all sanitary laws, rules and regulations of the State of Nevada, and upon complying with the provisions of NRS 584.215 to 584.285, inclusive, and upon payment of a license fee , if any, as provided in any regulations adopted pursuant to NRS 584.225.
Sec. 18. NRS 584.225 is hereby amended to read as follows:
584.225 1. The Commission may, by regulation, establish a fee of not more than $10 for issuing and renewing a milk testers license . [is $10 for a full year or fraction thereof.]
2. All licenses required under NRS 584.215 to 584.285, inclusive, expire at the end of each calendar year.
[3. The provisions of this section do not apply to natural persons, hotels, restaurants or boardinghouses buying milk or cream for private use.]
Sec. 19. NRS 584.345 is hereby amended to read as follows:
584.345 1. Distributor means any person, whether or not the person is a producer or an association of producers, who purchases or handles fluid milk, fluid cream or any other dairy product for sale, including brokers, agents, copartnerships, cooperative corporations, and incorporated and unincorporated associations.
2. The [definition of distributor] term does not include any of the following:
(a) Any retail store that is not engaged in processing and packaging fluid milk or fluid cream or does not purchase, transport into the state, or otherwise receive for resale, fluid milk, fluid cream or any other dairy product from sources outside this state.
(b) Any establishment, where fluid milk or fluid cream is sold only for consumption on the premises, that is not engaged in processing and packaging fluid milk or fluid cream.
(c) Any person [owned] who owns or [controlled by] controls one or more retail stores or [owned] owns or [controlled by] controls one or more establishments where fluid milk or fluid cream is sold for consumption on the premises . [, which person is not actively and directly engaged in the processing and packaging of fluid milk or fluid cream.]
κ2013 Statutes of Nevada, Page 609 (CHAPTER 173, SB 80)κ
(d) Any producer who delivers fluid milk or fluid cream only to a distributor.
Sec. 20. NRS 584.350 is hereby amended to read as follows:
584.350 Fluid cream means cream [as defined in NRS 584.325 to 584.670, inclusive, and] or any [combination] mixture of cream and milk [,] or [any fluid product of] skim milk [or cream sold under any trade name whatsoever,] containing 9 percent or more of butterfat, with or without the addition of any other ingredient, which is not packaged in hermetically sealed containers . [and which contains more than 11.6 percent milk fat and conforms to the health and sanitary regulations of the place where sold or disposed of for human consumption.]
Sec. 21. NRS 584.355 is hereby amended to read as follows:
584.355 Fluid milk means any [and all whole or concentrated milk that is produced in conformity with applicable health regulations for market milk of the place where such milk is consumed.] milk product in fluid or frozen form containing less than 9 percent butterfat, including, without limitation, milk, fat-free milk, low-fat milk, light milk, reduced-fat milk, eggnog and cultured buttermilk. The term does not include any:
1. Evaporated or condensed milk;
2. Formula for infants or for dietary use that is packaged in a hermetically sealed container; or
3. Product which contains less than 6.5 percent nonfat milk solids and whey.
Sec. 22. NRS 584.357 is hereby amended to read as follows:
584.357 Fresh dairy products includes, but is not limited to, buttermilk, skim milk, [chocolate drink,] ice cream, ice milk mix, sherbet, sour cream, [sour cream dressing] eggnog, yogurt, butter and cottage cheese, without regard to the class of fluid milk or fluid cream which is used to make those products.
Sec. 23. NRS 584.370 is hereby amended to read as follows:
584.370 1. Producer means any person who produces fluid milk from five or more [cows or goats] lactating mammals in conformity with the applicable health regulations of the place in which it is sold.
2. Producer includes any association of producers.
Sec. 24. NRS 584.395 is hereby amended to read as follows:
584.395 The Legislature declares that:
1. Fluid milk , [and] fluid cream and other dairy products are necessary articles of food for human consumption.
2. The production and maintenance of an adequate supply of healthful [milk of proper chemical and physical content, free from contamination,] dairy products is vital to the public health and welfare.
3. The production, transportation, processing, storage, distribution or sale of fluid milk , [and] fluid cream and other dairy products in the State of Nevada is an industry affecting the public health and welfare.
4. It is the policy of this state to [promote,] :
(a) Promote, foster and encourage [intelligent] economical production and orderly marketing of [commodities] dairy products necessary to its citizens, including milk [, and to eliminate] ;
(b) Promote the economic viability of the dairy industry to ensure the availability of pure, fresh and wholesome dairy products necessary for its citizens; and
κ2013 Statutes of Nevada, Page 610 (CHAPTER 173, SB 80)κ
(c) Eliminate speculation, waste, improper marketing, unfair and destructive trade practices and improper accounting for milk purchased from producers.
Sec. 25. NRS 584.410 is hereby amended to read as follows:
584.410 The purposes of NRS 584.325 to 584.670, inclusive, are:
1. To provide money for the administration and enforcement of the provisions of this chapter by assessments to be paid by producers of fluid milk or fluid cream, or both, and from licenses issued to distributors in the manner prescribed herein.
2. To authorize and enable the Commission to prescribe marketing areas and to fix prices at which fluid milk or fluid cream, or both, may be sold by producers, distributors and retailers, which areas and prices are necessary due to varying factors of costs of production, health regulations, transportation and other factors in the marketing areas of this state, but the price of fluid milk or fluid cream within any marketing area must be uniform for all purchasers of fluid milk or fluid cream of similar grade or quality under like terms and conditions.
3. To authorize and enable the Commission to formulate stabilization and marketing plans subject to the limitations prescribed in NRS 584.325 to 584.670, inclusive, with respect to the contents of the stabilization and marketing plans and to declare the plans in effect for any marketing area.
4. To [enable] promote the economic viability of the dairy industry [with the aid of the State to correct existing evils, develop and maintain] in this State by developing and maintaining satisfactory marketing conditions, [and bring about] creating a reasonable amount of stability [and prosperity] in the production and marketing of fluid milk , [and] fluid cream [.] and other dairy products and enhancing the knowledge of the members of the public concerning the nutritional value of pure, fresh and wholesome fluid milk, fluid cream and other dairy products.
Sec. 26. NRS 584.550 is hereby amended to read as follows:
584.550 1. The Commission shall designate marketing areas which it deems necessary or advisable to effectuate the purposes of NRS 584.325 to 584.670, inclusive, and wherein it finds the conditions affecting the production, distribution and sale of fluid milk, fluid cream [or both] and other dairy products are reasonably uniform.
2. The Commission [shall have the power to] may establish additional areas or [to] modify areas theretofore established when it deems the establishment or modification of such areas necessary or advisable to effectuate the purposes of NRS 584.325 to 584.670, inclusive.
3. When the Commission finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production and distribution are reasonably uniform in two or more such marketing areas wherein stabilization and marketing plans are in effect, it may consolidate the area, provided that at the hearings more than 35 percent of the producers present who supply the areas proposed to be consolidated do not object to such consolidation.
Sec. 27. NRS 584.555 is hereby amended to read as follows:
584.555 The Commission shall, prior to the formulation of a stabilization and marketing plan for fluid milk or fluid cream for any marketing area, conduct a public hearing in the area for the purpose of determining whether or not producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who produce not less than 65 percent of the total volume of the fluid milk or fluid cream produced for the marketing area by all such producers, desire
κ2013 Statutes of Nevada, Page 611 (CHAPTER 173, SB 80)κ
the marketing area, and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who produce not less than 65 percent of the total volume of the fluid milk or fluid cream produced for the marketing area by all such producers, desire that a stabilization and marketing plan for fluid milk or fluid cream be formulated for the area; but if a petition is presented to the Commission by the producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who produce not less than 65 percent of the total volume of the fluid milk or fluid cream produced for the marketing area by all such producers, it [shall] is not [be] necessary that [such] the hearing be held.
Sec. 28. NRS 584.581 is hereby amended to read as follows:
584.581 1. No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2, whether or not a stabilization and marketing plan is in effect in the area in which the distributor carries on his or her business.
2. Each stabilization and marketing plan must contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices set forth in this subsection:
(a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
(b) The giving of any milk, cream, dairy products, [substitute dairy products as defined in NRS 584.176,] services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
(c) The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk, fluid cream [,] or any other dairy products [, or substitute dairy products as defined in NRS 584.176,] of like quantity under like terms and conditions.
(d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with the producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of milk to be paid for as class 1 in pounds of milk, pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract must also state the date and method of payment for the fluid milk, which must be that payment must be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation if hauled by the distributor, and may contain other provisions which are not in conflict with NRS 584.325 to 584.670, inclusive. The contract must also provide that the producer is not obligated to deliver in any calendar month fluid milk which is to be paid for at the lowest class price for milk usage established by the Commission for that area. A signed copy of the contract must be filed by the distributor with the Commission within 5 days from the date of its execution.
κ2013 Statutes of Nevada, Page 612 (CHAPTER 173, SB 80)κ
Κ The provisions of this subsection relating to dates of payment do not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
3. This section does not apply to discounts offered by a retail store to elderly consumers.
Sec. 29. NRS 584.583 is hereby amended to read as follows:
584.583 1. No distributor or retailer may sell fluid milk, fluid cream, butter or any fresh dairy product below cost.
2. [In determining the cost for a distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy product, the following factors, in addition to any other factor acceptable to the Commission, must be considered:
(a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for fluid milk and fluid cream.
(b) Cost of production.
(c) Reasonable return on capital investment.
(d) Producers costs for transportation.
(e) Cost of compliance with health regulations.
(f) Overhead.
3. In determining the cost for a peddler-distributor or retailer, the following factors, in addition to any other factor acceptable to the Commission, must be considered:
(a) Purchase price of the product.
(b) Overhead for handling.
(c) Reasonable return on capital investment.
4. For the purposes of subsections 2 and 3:
(a) Reasonable return on capital investment must be calculated per unit of production by dividing the product of:
(1) The net capital investment; and
(2) The reasonable rate of return on capital investment,
Κ by the total sales per unit of production. Net capital investment includes land, buildings, equipment and any other capital asset used as a rate base. A reasonable rate of return on capital investment shall be deemed to be the rate fixed for 6-month United States treasury bills at the auction in the first week of the month of January or July immediately preceding the date that the reasonable return on capital investment is calculated.
(b) Costs for overhead must be determined according to generally accepted principles of accounting and allocated proportionately to each unit of production. Costs for overhead include salaries for executives and officers of the company, all other costs of labor, including indirect costs, rent, depreciation, costs for maintenance, costs incurred in delivering the product, fees for licenses, taxes and insurance, cost of materials, costs for repairs, the cost of electricity and other public utilities, and all other costs that relate to the sale and distribution of the product. Any expense incurred in the marketing of a finished or manufactured dairy product which cannot be attributed directly to a particular product must be apportioned to the product on a basis consistent with generally accepted principles of accounting relating to costs.
5. Each distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy product and each peddler-distributor shall file with the Commission a statement of costs, listing separately, and as applicable, the items set forth in subsection 2 or 3 and any other applicable factors relating to cost.
κ2013 Statutes of Nevada, Page 613 (CHAPTER 173, SB 80)κ
applicable, the items set forth in subsection 2 or 3 and any other applicable factors relating to cost. The statements must be kept current as prescribed by regulations adopted by the Commission. All statements must be kept confidential by the Commission except as otherwise provided in NRS 239.0115 and except when used in judicial or administrative proceedings pursuant to NRS 584.325 to 584.670, inclusive.
6. Each distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy product and each peddler-distributor shall file with the Commission lists of wholesale prices and of minimum retail, distributor and dock prices. No distributor may sell at wholesale prices other than, or at retail, distributor or dock prices less than, those contained in the appropriate list, except in the case of bids to departments or agencies of federal, state and local governments. In no case may the distributor sell or offer to sell below cost.] Each distributor shall provide to the Commission a statement of costs in accordance with the appropriate stabilization and marketing plan.
3. The provisions of this section do not prohibit a retailer from donating or discounting a dairy product within 48 hours before midnight of the date of expiration printed on the dairy product.
4. As used in this section, cost means:
(a) When applied to a distributor, the total consideration paid or exchanged for a raw product, plus the total expense incurred for manufacturing, processing, handling, sale and delivery of the raw product.
(b) When applied to a retailer, the invoice price charged to the retailer for the raw product or the cost of replacement of the raw product, whichever is less, plus the retailers cost of doing business.
Sec. 30. NRS 584.584 is hereby amended to read as follows:
584.584 [1.] The provisions of NRS 584.583 do not authorize the development of conditions of monopoly in production or distribution of fluid milk, fluid cream [, butter, fresh] or any other dairy products , [or products made from fluid milk,] and a distributor or retailer who meets in good faith a lawful competitive price is not subject to any penalty provided in NRS 584.325 to 584.670, inclusive, if the distributor or retailer files with the Commission information detailing the circumstances surrounding the lawful competitive price within 5 days after each occurrence. The information must include the name and address of the distributor or retailer and the customer involved, the competitive price, the effective date of the price or condition, and the name and address of the competing distributor [.
2. If that information is accompanied by a written statement, signed by the customer before a notary public or two competent witnesses, that the competitive price has been offered or made available to the customer, the statement is prima facie evidence that a distributor is meeting the competitive price or condition in good faith.] or retailer.
Sec. 31. NRS 584.600 is hereby amended to read as follows:
584.600 1. Every distributor, before purchasing any fluid milk or fluid cream directly from a producer, must execute and deliver to the Commission a surety bond in [the minimum sum of $1,000] an amount specified by the Commission by regulation and executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety.
2. The bond [shall] must be upon a form approved by the Commission and [shall] must be conditioned upon the payment in the manner required by NRS 584.325 to 584.670, inclusive, of all amounts due to producers for fluid milk and fluid cream directly purchased by such licensee or applicant during the license year.
κ2013 Statutes of Nevada, Page 614 (CHAPTER 173, SB 80)κ
NRS 584.325 to 584.670, inclusive, of all amounts due to producers for fluid milk and fluid cream directly purchased by such licensee or applicant during the license year. The bond [shall] must be to the State in favor of every producer of fluid milk and fluid cream [.] who sells directly to a distributor.
3. In case of failure by a distributor to pay any producer [or producers] for fluid milk or fluid cream directly purchased by the distributor in the manner required by NRS 584.325 to 584.670, inclusive, the Commission shall proceed forthwith to ascertain the names and addresses of all producer-creditors of [such] the distributor [,] who sell directly to the distributor, together with the amounts due and owing to them and each of them by [such] the distributor, and shall request all such producer-creditors to file a verified statement of their respective claims with the Commission. Thereupon, the Commission shall bring an action on the bond on behalf of the producer-creditors [.] who sell directly to the distributor.
4. Upon any action being commenced upon the bond, the Commission may require the filing of a new bond and immediately upon a recovery in any action upon such bond, such distributor shall file a new bond, and upon failure to file the same within 10 days in either case, such failure [shall constitute] constitutes grounds for the revocation or suspension of the license of such distributor.
5. In the event that recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount recovered [shall] must be divided pro rata among the producer-creditors.
Sec. 32. NRS 584.615 is hereby amended to read as follows:
584.615 1. The licenses and bonds provided for in NRS 584.595 to 584.645, inclusive, [shall be] are required for each distributor, and for the purposes of NRS 584.595 to 584.645, inclusive, each subsidiary milk processing plant or branch milk processing plant, whether under one ownership or not, [shall be considered as] is an individual distributor.
2. No bond [shall be] is required of a cooperative association of producers.
Sec. 33. NRS 584.625 is hereby amended to read as follows:
584.625 Failure of any distributor who purchases fluid milk or fluid cream directly from producers to execute and deliver the bond as herein provided and required [shall constitute] constitutes a violation of NRS 584.325 to 584.670, inclusive. Failure of any such distributor to post such additional bond or bonds as may be required to comply with the provisions of NRS 584.325 to 584.670, inclusive, [shall] likewise [constitute] constitutes a violation of NRS 584.325 to 584.670, inclusive.
Sec. 34. NRS 584.648 is hereby amended to read as follows:
584.648 1. The Commission shall assess each distributor of butter a sum not exceeding 2 cents per pound on all butter distributed by the distributor.
2. The Commission shall assess all distributors of [fresh] dairy products a sum not exceeding 4 cents per gallon on all ice cream, sherbet or ice cream or ice milk mixes, and a sum not exceeding 2 cents per pound on all cottage cheese and yogurt distributed by the distributors.
Sec. 35. NRS 584.649 is hereby amended to read as follows:
584.649 1. The Commission may lower the rate of any assessment required to be paid under NRS 584.647 or 584.648, whenever it finds that the cost of administering the provisions of this chapter can be defrayed from revenues derived from the lower rates.
κ2013 Statutes of Nevada, Page 615 (CHAPTER 173, SB 80)κ
2. A distributor shall pay the amount of the assessment to the Commission on or before the 20th of the month following the month during which the fluid milk, fluid cream, butter or [fresh] dairy product was distributed. If no sales or purchases were made during the month, the distributor must file a report indicating that fact. If the payment is sent by mail, it is subject to the provisions of NRS 238.100. [If the assessment for the month is less than $3, the distributor may delay payment for 3 months or until the cumulative assessments are $3 or more, whichever occurs first.]
3. If payments of assessments are not made as provided in subsection 2, the Commission shall charge, as a penalty for the late payment, the amount of $10 or 10 percent of the total amount due but remaining unpaid, whichever is greater.
Sec. 36. NRS 584.072, 584.110, 584.115, 584.140, 584.150, 584.155, 584.160, 584.165, 584.170, 584.175, 584.176, 584.177, 584.179, 584.200, 584.560, 584.5835 and 584.605 are hereby repealed.
Sec. 37. This act becomes effective on July 1, 2013.
________
Senate Bill No. 284Senators Hardy; and Goicoechea
CHAPTER 174
[Approved: May 27, 2013]
AN ACT relating to law enforcement; requiring a law enforcement agency in certain counties to adopt policies and procedures to govern the investigation of motor vehicle accidents in which peace officers employed by the law enforcement agency are involved; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires a law enforcement agency in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt policies and procedures to govern the investigation of motor vehicle accidents in which peace officers employed by the law enforcement agency are involved. The policies and procedures must include a requirement that if such a motor vehicle accident results in fatal injuries, the investigation must be conducted, except under certain circumstances, by a law enforcement agency other than the agency that employs the peace officer involved in the accident. The policies and procedures may include entering into agreements for cooperation between the law enforcement agency and agencies in other jurisdictions for the investigation of such accidents.
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 289 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is 100,000 or more, each law enforcement agency shall adopt policies and procedures to govern the investigation of motor vehicle accidents in which a peace officer employed by the law enforcement agency is involved.
κ2013 Statutes of Nevada, Page 616 (CHAPTER 174, SB 284)κ
by the law enforcement agency is involved. The policies and procedures must include, without limitation, a requirement that if such a motor vehicle accident results in a fatal injury to any person, the motor vehicle accident must be investigated by a law enforcement agency other than the law enforcement agency that employs the peace officer involved in the accident unless:
(a) Another law enforcement agency does not have comparable equipment and personnel to investigate the accident at least as effectively as the law enforcement agency that employs the peace officer involved in the motor vehicle accident;
(b) Another law enforcement agency is unavailable to investigate the motor vehicle accident; or
(c) Investigation of the motor vehicle accident by another law enforcement agency would delay the initiation of the investigation such that the integrity of the accident scene and preservation and collection of evidence may be jeopardized by such a delay.
2. This section does not prohibit a law enforcement agency in a county whose population is 100,000 or more from entering into agreements for cooperation with agencies in other jurisdictions for the investigation of motor vehicle accidents in which a peace officer of the law enforcement agency is involved.
Sec. 2. This act becomes effective on July 1, 2013.
________
Senate Bill No. 285Senator Hardy
CHAPTER 175
[Approved: May 27, 2013]
AN ACT relating to emergency medical services; revising provisions governing the exemption of certain air ambulances and attendants from the provisions governing emergency medical services; limiting the scope of certain provisions governing the regulation of air ambulances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the provision of emergency medical services to persons in this State, including the operation of air ambulances. (Chapter 450B of NRS) Specifically, existing law prohibits a person or governmental entity from operating an air ambulance service in this State without first obtaining a permit for that service. (NRS 450B.240) Existing law similarly prohibits a person from serving as an attendant on an air ambulance without first obtaining a license. (NRS 450B.250) However, existing law exempts air ambulances and attendants for air ambulances based outside this State from the provisions governing emergency medical services, including those provisions which require a permit to operate an air ambulance and a license to serve as an attendant on an air ambulance. (NRS 450B.830)
Section 11 of this bill limits the exemption for air ambulances based outside this State so that it applies only to those air ambulances that: (1) deliver patients from a location outside this State to a location within this State; and (2) do not receive any patients within this State. Section 11 further revises the exemption for attendants of an air ambulance so that it applies only to those attendants rendering service solely on air ambulances which are exempt from the provisions of chapter 450B of NRS.
κ2013 Statutes of Nevada, Page 617 (CHAPTER 175, SB 285)κ
air ambulances which are exempt from the provisions of chapter 450B of NRS. Sections 1, 2, 4-7 and 9-10 of this bill narrow the scope of certain provisions governing the operation of air ambulances so that they govern only the medical aspects of the operation of those air ambulances.
Finally, existing law requires each public and private owner of an ambulance or air ambulance to file: (1) his or her schedule of rates; and (2) any change in that schedule before the change becomes effective. (NRS 450B.235) Section 8 of this bill eliminates the requirement that a public or private owner of an air ambulance file a change in his or her schedule of rates before the change becomes effective.
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 450B.130 is hereby amended to read as follows:
450B.130 1. The board shall adopt regulations establishing reasonable minimum standards for:
(a) Sanitation in ambulances and air ambulances;
(b) Medical and nonmedical equipment and supplies to be carried in ambulances [and air ambulances] and medical equipment and supplies to be carried in air ambulances and vehicles of a fire-fighting agency;
(c) Interior configuration, design and dimensions of ambulances placed in service after July 1, 1979;
(d) Permits for operation of ambulances, air ambulances and vehicles of a fire-fighting agency;
(e) Records to be maintained by an operator of an ambulance or air ambulance or by a fire-fighting agency; and
(f) Treatment of patients who are critically ill or in urgent need of treatment.
2. Any regulations adopted by the board pursuant to subsection 1 establishing reasonable minimum standards for a permit for the operation of an air ambulance or records to be maintained by an operator of an air ambulance must:
(a) Except as otherwise provided in paragraph (b), be based on the medical aspects of the operation of an air ambulance, including, without limitation, aspects related to patient care; and
(b) Not be based on economic factors, including, without limitation, factors related to the prices, routes or nonmedical services of an air ambulance.
3. The health officers of this state shall jointly adopt regulations to establish the minimum standards for the certification of emergency medical technicians. Upon adoption of the regulations, each health authority shall adopt the regulations for its jurisdiction. After each health authority adopts the regulations, the standards established constitute the minimum standards for certification of emergency medical technicians in this state. Any changes to the minimum standards must be adopted jointly by the health officers and by each health authority in the manner set forth in this subsection. Any changes in the minimum standards which are not adopted in the manner set forth in this subsection are void.
[3.] 4. A health officer may adopt regulations that impose additional requirements for the certification of emergency medical technicians in the jurisdiction of the health officer, but the health officer must accept the certification of an emergency medical technician from the jurisdiction of another health officer as proof that the emergency medical technician has met the minimum requirements for certification.
κ2013 Statutes of Nevada, Page 618 (CHAPTER 175, SB 285)κ
certification of an emergency medical technician from the jurisdiction of another health officer as proof that the emergency medical technician has met the minimum requirements for certification.
Sec. 2. NRS 450B.150 is hereby amended to read as follows:
450B.150 1. The health authority shall administer and enforce the provisions of this chapter.
2. The health authority and its authorized agents shall enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and vehicles of persons and governmental entities providing services regulated pursuant to the provisions of this chapter.
3. If, pursuant to subsection 2, the health authority or its authorized agents conduct an inspection of the premises or aircraft of persons or governmental entities providing air ambulance services, the inspection must be related only to the medical aspects of the operation of the air ambulance.
Sec. 3. NRS 450B.1985 is hereby amended to read as follows:
450B.1985 1. Except as otherwise provided in subsection 2, no permit may be issued pursuant to this chapter authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons while transporting those persons to a medical facility.
2. Except as otherwise provided in subsection [9] 10 of NRS 450B.200, the district board of health in a county whose population is 700,000 or more may issue a permit pursuant to NRS 450B.200 or 450B.210 authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency and while transporting those persons to a medical facility.
Sec. 4. NRS 450B.200 is hereby amended to read as follows:
450B.200 1. The health authority may issue a permit for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency at the scene of an emergency.
2. Each permit must be evidenced by a card issued to the holder of the permit.
3. No permit may be issued unless the applicant is qualified pursuant to the regulations of the board.
4. An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:
(a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;
(b) The name under which the applicant is doing business or proposes to do business, if applicable;
(c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insigne, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance, air ambulance or vehicle;
(d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and
(e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.
5. The board shall establish a reasonable fee for annual permits.
κ2013 Statutes of Nevada, Page 619 (CHAPTER 175, SB 285)κ
6. All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.
7. The health authority shall:
(a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or
(b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,
Κ only after the holder of a permit is afforded an opportunity for a public hearing pursuant to regulations adopted by the board.
8. The health authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.
9. In determining whether to issue a permit for the operation of an air ambulance pursuant to this section, the health authority:
(a) Except as otherwise provided in paragraph (b), may consider the medical aspects of the operation of an air ambulance, including, without limitation, aspects related to patient care; and
(b) Shall not consider economic factors, including, without limitation, factors related to the prices, routes or nonmedical services of an air ambulance.
10. The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.
[10.] 11. A permit issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the district board of health in a county whose population is 700,000 or more is not required to obtain a permit from the Health Division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.
[11.] 12. The Health Division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the Health Division or a district board of health.
[12.] 13. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 5. NRS 450B.210 is hereby amended to read as follows:
450B.210 1. The board may issue provisional permits limited as to time, place and purpose, based on the need therefor. No provisional permit may be issued for a period of longer than 6 months. The board may establish a reasonable fee for such provisional permits.
2. Unless otherwise limited in the permit, a provisional permit issued pursuant to this section is valid for providing emergency services throughout the State, whether issued by the Health Division or a district board of health.
3. In determining whether to issue a permit for the operation of an air ambulance pursuant to this section, the health authority:
κ2013 Statutes of Nevada, Page 620 (CHAPTER 175, SB 285)κ
(a) Except as otherwise provided in paragraph (b), may consider the medical aspects of the operation of an air ambulance, including, without limitation, aspects related to patient care; and
(b) Shall not consider economic factors, including, without limitation, factors related to the prices, routes or nonmedical services of an air ambulance.
Sec. 6. NRS 450B.220 is hereby amended to read as follows:
450B.220 1. Subsequent to issuance of any permit under NRS 450B.200 and 450B.210, the health authority shall cause to be inspected the ambulances, aircraft, vehicles, medical supplies, equipment, personnel, records, premises and operational procedures of a holder of a permit whenever that inspection is deemed necessary, but no less frequently than once each year. The periodic inspection required by this section is in addition to any other state or local inspections required for ambulances, aircraft or motor vehicles under statute or ordinances.
2. Any inspection conducted pursuant to subsection 1 of the aircraft, equipment, personnel, records, premises or operational procedures of a holder of a permit to operate an air ambulance must be related only to the medical aspects of the operation of the air ambulance.
Sec. 7. NRS 450B.230 is hereby amended to read as follows:
450B.230 1. The public or private owner of an ambulance or air ambulance or the fire-fighting agency who owns a vehicle used in providing emergency medical care shall not permit its operation and use without the equipment required by regulations and standards of the board.
2. The provisions of this section do not apply to the equipment in or of an air ambulance unless the equipment is related to the medical aspects of the operation of the air ambulance.
Sec. 8. NRS 450B.235 is hereby amended to read as follows:
450B.235 1. Each public and private owner of an ambulance [or air ambulance] shall file his or her schedule of rates with the health authority. Any change in a schedule of an ambulance must be filed before the change becomes effective.
2. The health authority shall keep each schedule of rates or changes filed with it for at least 3 years after the schedule has been superseded or otherwise become ineffective.
Sec. 9. NRS 450B.240 is hereby amended to read as follows:
450B.240 1. A person or governmental entity shall not engage in the operation of any ambulance or air ambulance service in this state without a currently valid permit for that service issued by the health authority.
2. A fire-fighting agency shall not provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility without a currently valid permit for that care issued by the health authority.
3. Nothing in this section precludes the operation of an aircraft in this state in a manner other than as an air ambulance.
Sec. 10. NRS 450B.260 is hereby amended to read as follows:
450B.260 1. Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire-fighting agency which owns a vehicle used in providing medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility shall not permit its operation and use by any person not licensed under this chapter.
κ2013 Statutes of Nevada, Page 621 (CHAPTER 175, SB 285)κ
2. An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, each of whom is licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection 6 of NRS 450B.160, except as otherwise provided in subsection 5 or in geographic areas which may be designated by the board and for which the board may prescribe lesser qualifications.
3. An air ambulance carrying a sick or injured patient must be occupied by a licensed attendant, or a person exempt from licensing pursuant to subsection 6 of NRS 450B.160, in addition to the pilot of the aircraft.
4. The pilot of an air ambulance is not required to have a license under this chapter.
5. A person who operates or uses a vehicle owned by a fire-fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide intermediate or advanced medical care to sick or injured persons:
(a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care; or
(b) While transporting those persons to a medical facility unless at least two persons in the vehicle are licensed to provide the care.
6. Nothing in this section precludes the operation of an aircraft in this State in a manner other than as an air ambulance.
Sec. 11. NRS 450B.830 is hereby amended to read as follows:
450B.830 The following are exempted from the provisions of this chapter:
1. The occasional use of a vehicle or aircraft to transport injured or sick persons, which vehicle or aircraft is not ordinarily used in the business of transporting persons who are sick or injured.
2. A vehicle or aircraft rendering services as an ambulance or air ambulance in case of a major catastrophe or emergency if ambulance or air ambulance services with permits are insufficient to render the services required.
3. Persons rendering service as attendants in case of a major catastrophe or emergency if licensed attendants cannot be secured.
4. Ambulances [and air ambulances] based outside this State.
5. Air ambulances based outside this State which:
(a) Deliver patients from a location outside this State to a location within this State; and
(b) Do not receive any patients within this State.
6. Attendants based outside this State [.
6.] rendering service solely on ambulances which are exempt from the provisions of this chapter.
7. Attendants rendering service solely on air ambulances which are exempt from the provisions of this chapter.
8. Vehicles owned and operated by search and rescue organizations chartered by the State as corporations not for profit or otherwise existing as nonprofit associations which are not regularly used to transport injured or sick persons except as part of rescue operations.
[7.] 9. Ambulances or air ambulances owned and operated by an agency of the United States Government.
________
κ2013 Statutes of Nevada, Page 622κ
Senate Bill No. 286Senators Jones, Segerblom, Kihuen; and Ford
CHAPTER 176
[Approved: May 27, 2013]
AN ACT relating to civil actions; providing immunity from civil action for certain claims based on the right to petition and the right to free speech under certain circumstances; establishing the burden of proof for a special motion to dismiss; providing for the interlocutory appeal from an order denying a special motion to dismiss; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain provisions to deter frivolous or vexatious lawsuits (Strategic Lawsuits Against Public Participation, commonly known as SLAPP lawsuits). (Chapter 387, Statutes of Nevada 1997, p. 1363; NRS 41.635-41.670) A SLAPP lawsuit is characterized as a meritless suit filed primarily to discourage the named defendants exercise of First Amendment rights. The hallmark of a SLAPP lawsuit is that it is filed to obtain a financial advantage over ones adversary by increasing litigation costs until the adversarys case is weakened or abandoned. (Metabolic Research, Inc. v. Ferrell, 693 F.3d 795, 796 n.1 (9th Cir. 2012))
The Ninth Circuit Court of Appeals recently held that the provisions of NRS concerning such lawsuits only protect communications made directly to a governmental agency. The Ninth Circuit also held that, as written, these provisions of NRS provide protection from liability but not from trial. That distinction, when coupled with the lack of an express statutory right to an interlocutory appeal, led the court to conclude that these provisions of NRS do not provide for an immediate appeal of an order denying a special motion to dismiss a SLAPP lawsuit. (Metabolic, at 802)
Existing law provides that a person who engages in good faith communication in furtherance of the right to petition is immune from civil liability for claims based upon that communication. (NRS 41.650) Section 2 of this bill expands the scope of that immunity by providing that a person who exercises the right to free speech in direct connection with an issue of public concern is also immune from any civil action for claims based upon that communication.
Existing law defines certain communications, for purposes of statutory provisions concerning SLAPP lawsuits, as communications made by a person in connection with certain governmental actions, officers, employees or entities. (NRS 41.637) Section 1 of this bill includes within the meaning of such communications those that are made in direct connection with an issue of public interest in a place open to the public or in a public forum. Section 3 of this bill establishes the burden of proof for a dismissal by special motion of a SLAPP lawsuit. Section 3 reduces from 30 days to 7 judicial days the time within which a court must rule on a special motion to dismiss.
Existing law requires, under certain circumstances, an award of reasonable costs and attorneys fees to the person against whom a SLAPP lawsuit was brought if a court grants a special motion to dismiss. (NRS 41.670) Section 4 of this bill authorizes, in addition to an award of costs and attorneys fees, an award of up to $10,000 if a special motion to dismiss is granted. Section 4 also provides that if a court finds that a special motion to dismiss was frivolous or vexatious, the court shall award the prevailing party reasonable costs and attorneys fees and may award an amount of up to $10,000 and any such additional relief as the court deems proper to punish and deter the filing of frivolous or vexatious motions.
κ2013 Statutes of Nevada, Page 623 (CHAPTER 176, SB 286)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. NRS 41.637 is hereby amended to read as follows:
41.637 Good faith communication in furtherance of the right to petition [] or the right to free speech in direct connection with an issue of public concern means any:
1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;
2. Communication of information or a complaint to a Legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity; [or]
3. Written or oral statement made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law [,] ; or
4. Communication made in direct connection with an issue of public interest in a place open to the public or in a public forum,
Κ which is truthful or is made without knowledge of its falsehood.
Sec. 2. NRS 41.650 is hereby amended to read as follows:
41.650 A person who engages in a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern is immune from any civil [liability] action for claims based upon the communication.
Sec. 3. NRS 41.660 is hereby amended to read as follows:
41.660 1. If an action is brought against a person based upon a good faith communication in furtherance of the right to petition [:] or the right to free speech in direct connection with an issue of public concern:
(a) The person against whom the action is brought may file a special motion to dismiss; and
(b) The Attorney General or the chief legal officer or attorney of a political subdivision of this State may defend or otherwise support the person against whom the action is brought. If the Attorney General or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the Attorney General or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:
(a) [Treat the motion as a motion for summary judgment;] Determine whether the moving party has established, by a preponderance of the evidence, that the claim is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern;
κ2013 Statutes of Nevada, Page 624 (CHAPTER 176, SB 286)κ
(b) If the court determines that the moving party has met the burden pursuant to paragraph (a), determine whether the plaintiff has established by clear and convincing evidence a probability of prevailing on the claim;
(c) If the court determines that the plaintiff has established a probability of prevailing on the claim pursuant to paragraph (b), ensure that such determination will not:
(1) Be admitted into evidence at any later stage of the underlying action or subsequent proceeding; or
(2) Affect the burden of proof that is applied in the underlying action or subsequent proceeding;
(d) Consider such evidence, written or oral, by witnesses or affidavits, as may be material in making a determination pursuant to paragraphs (a) and (b);
(e) Stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from the ruling on the motion; and
[(c)] (f) Rule on the motion within [30] 7 judicial days after the motion is [filed.] served upon the plaintiff.
4. If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits.
Sec. 4. NRS 41.670 is hereby amended to read as follows:
41.670 1. If the court grants a special motion to dismiss filed pursuant to NRS 41.660:
[1.] (a) The court shall award reasonable costs and attorneys fees to the person against whom the action was brought, except that the court shall award reasonable costs and attorneys fees to this State or to the appropriate political subdivision of this State if the Attorney General, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660.
[2.] (b) The court may award, in addition to reasonable costs and attorneys fees awarded pursuant to paragraph (a), an amount of up to $10,000 to the person against whom the action was brought.
(c) The person against whom the action is brought may bring a separate action to recover:
[(a)] (1) Compensatory damages;
[(b)] (2) Punitive damages; and
[(c)] (3) Attorneys fees and costs of bringing the separate action.
2. If the court denies a special motion to dismiss filed pursuant to NRS 41.660 and finds that the motion was frivolous or vexatious, the court shall award to the prevailing party reasonable costs and attorneys fees incurred in responding to the motion.
3. In addition to reasonable costs and attorneys fees awarded pursuant to subsection 2, the court may award:
(a) An amount of up to $10,000; and
(b) Any such additional relief as the court deems proper to punish and deter the filing of frivolous or vexatious motions.
4. If the court denies the special motion to dismiss filed pursuant to NRS 41.660, an interlocutory appeal lies to the Supreme Court.
________
κ2013 Statutes of Nevada, Page 625κ
Senate Bill No. 287Senator Hardy
CHAPTER 177
[Approved: May 27, 2013]
AN ACT relating to cosmetology; revising provisions governing the display of a license or certificate of registration issued by the Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the holder of a license issued by the State Board of Cosmetology to practice any branch of cosmetology to display his or her current license in plain view of the public at the position where the holder of the license performs his or her work. If a person practices cosmetology in more than one place, the person is required to carry his or her license with him or her and display it wherever he or she is actually working. (NRS 644.290) Existing law also requires: (1) each cosmetologists apprentice to display his or her certificate of registration in plain view of the public at the position where the cosmetologists apprentice is being trained; (2) each holder of a license to operate a cosmetological establishment or to operate an establishment for hair braiding to display the license in plain view of members of the general public in the principal office or place of business of the holder of the license; and (3) each holder of a license to operate a school of cosmetology to display the license in a conspicuous place in the principal office or place of business of the holder of the license. (NRS 644.2175, 644.360, 644.3774, 644.410) Failure by the holder of any such license to display the license as required under existing law is grounds for disciplinary action by the Board. (NRS 644.430) Sections 3, 4 and 6-8 of this bill authorize the holder of the license or certificate of registration to display a duplicate of the license or certificate of registration in lieu of displaying the original license or certificate of registration. Section 9 of this bill makes the failure to display a duplicate of the license grounds for disciplinary action by the Board.
Existing law requires a person who is licensed by the Board to obtain a duplicate license if the original license is destroyed, misplaced or mutilated or if the name or address of the licensee changes. (NRS 644.295) Section 5 of this bill authorizes a licensee to obtain a duplicate license if required by the licensee for any other reason.
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 and 2. (Deleted by amendment.)
Sec. 3. NRS 644.2175 is hereby amended to read as follows:
644.2175 1. A cosmetologists apprentice shall display the certificate of registration issued to him or her by the Board or a duplicate of the certificate of registration in plain view of the public at the position where the cosmetologists apprentice is being trained. The cosmetologists apprentice, the licensed cosmetologist supervising and training the cosmetologists apprentice, and the owner of the cosmetological establishment where the cosmetologists apprentice is being trained shall not advertise or hold the cosmetologists apprentice out as being a licensed cosmetologist, or use any title or abbreviation that would indicate that the cosmetologists apprentice is a licensed cosmetologist.
κ2013 Statutes of Nevada, Page 626 (CHAPTER 177, SB 287)κ
2. To receive credit for an apprenticeship, a cosmetologists apprentice must be regularly employed during his or her training by:
(a) The cosmetological establishment where the cosmetologists apprentice is being trained; or
(b) If the cosmetologists apprentice is being supervised and trained by a licensed cosmetologist who is leasing space in a cosmetological establishment, the licensed cosmetologist.
3. Not more than one cosmetologists apprentice may be employed at any time at a licensed cosmetological establishment.
4. A licensed cosmetologist who is supervising and training a cosmetologists apprentice shall:
(a) Supervise all work done by the cosmetologists apprentice; and
(b) Be in attendance at all times that the cosmetologists apprentice is engaged in the practice of cosmetology.
5. A licensed cosmetologist who is supervising and training a cosmetologists apprentice shall keep a daily record of the training that is provided to the cosmetologists apprentice. The licensed cosmetologist shall:
(a) Keep the daily records at the cosmetological establishment where the cosmetologists apprentice is being trained and, upon the request of the Board, make the daily records available to the Board; and
(b) Submit a copy of the records to the Board at such regular intervals as the Board may require by regulation.
6. For the purposes of this chapter:
(a) A licensed cosmetologist is not required to obtain a license from the Board as an instructor to train a cosmetologists apprentice pursuant to this section and NRS 644.217, and the licensed cosmetologist is not subject to regulation as an instructor because he or she provides such training.
(b) A licensed cosmetological establishment which employs a cosmetologists apprentice or at which a cosmetologists apprentice is being trained is not subject to regulation as a school of cosmetology because the cosmetologists apprentice is being trained at the cosmetological establishment.
7. The Board may adopt:
(a) Regulations relating to the qualifications of a licensed cosmetologist to supervise and train a cosmetologists apprentice;
(b) Regulations relating to the procedures and subject matter that must be included in the training of a cosmetologists apprentice;
(c) Regulations relating to the training of a cosmetologists apprentice to verify the number of hours of training received by the cosmetologists apprentice; and
(d) Such other regulations as the Board determines necessary to carry out the provisions of this section and NRS 644.217.
Sec. 4. NRS 644.290 is hereby amended to read as follows:
644.290 1. The holder of a license issued by the Board to practice any branch of cosmetology must display his or her current license or a duplicate of the license in plain view of the public at the position where the holder of the license performs his or her work.
2. If a person practices cosmetology in more than one place, the person [must] shall carry his or her license or a duplicate of the license with him or her and display [it] the license or duplicate wherever he or she is actually working.
κ2013 Statutes of Nevada, Page 627 (CHAPTER 177, SB 287)κ
Sec. 5. NRS 644.295 is hereby amended to read as follows:
644.295 1. A person licensed pursuant to this chapter [shall] :
(a) Shall obtain a duplicate of that license if the:
[(a)] (1) Original was destroyed, misplaced or mutilated; or
[(b)] (2) Name or address of the licensee has changed [.] ; or
(b) May obtain a duplicate of that license if required by the person for any other reason.
2. To obtain a duplicate license a person must:
(a) File an affidavit with the Board, on the form prescribed by the Board, which states that , if the person is required to obtain the duplicate pursuant to paragraph (a) of subsection 1, the original license was destroyed, misplaced or mutilated or that the persons name or address has changed [;] or, if the person is requesting the duplicate pursuant to paragraph (b) of subsection 1, that the duplicate is required by the person for a reason other than a reason set forth in paragraph (a) of subsection 1; and
(b) Pay a fee of $25.
Sec. 6. NRS 644.360 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the Board to operate a cosmetological establishment shall display the license or a duplicate of the license in plain view of members of the general public in the principal office or place of business of the holder.
2. Except as otherwise provided in this section, the operator of a cosmetological establishment may lease space to or employ only licensed nail technologists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at the establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from:
(a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or her business or profession.
(b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.
3. The operator of a cosmetological establishment may lease space at the cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his or her practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.
4. As used in this section:
(a) Provider of health care means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.
(b) Space includes, without limitation, a separate room in the cosmetological establishment.
κ2013 Statutes of Nevada, Page 628 (CHAPTER 177, SB 287)κ
Sec. 7. NRS 644.3774 is hereby amended to read as follows:
644.3774 Every holder of a license issued by the Board to operate an establishment for hair braiding shall display the license or a duplicate of the license in plain view of members of the general public in the principal office or place of business of the holder.
Sec. 8. NRS 644.410 is hereby amended to read as follows:
644.410 Every holder of a license issued by the Board to operate a school of cosmetology shall display the license or a duplicate of the license in a conspicuous place in the principal office or place of business of the holder.
Sec. 9. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the Board:
(a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics or school of cosmetology, or a cosmetologists apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.
(b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.
(c) Gross malpractice.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(f) Advertisement by means of knowingly false or deceptive statements.
(g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(h) Failure to display the license or a duplicate of the license as provided in NRS 644.290, 644.360, 644.3774 and 644.410.
(i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.
2. If the Board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period;
(d) Impose a fine not to exceed $2,000; or
(e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 10. (Deleted by amendment.)
Sec. 11. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 629κ
Senate Bill No. 288Senator Brower
CHAPTER 178
[Approved: May 27, 2013]
AN ACT relating to trade practices; revising the manner in which a provider of debt-management services may request and receive payment from an individual debtor; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the regulation of debt-management services, which are defined as certain persons who serve as an intermediary between an individual and the individuals creditors for the purpose of obtaining concessions from the creditor. (Chapter 676A of NRS) Under existing law, a debt-management service which enters into an agreement with an individual that contemplates that the individuals creditors will settle debts for less than the principal amount of the debt may charge a certain set-up fee and a certain monthly service fee. (NRS 676A.580, 676A.620) Section 1 of this bill removes these provisions and, instead, provides that: (1) the debt-management service may not request or receive payment of any fee or consideration until it has settled the terms of at least one debt pursuant to a settlement agreement or other contract executed by the individual and the individual has made at least one payment pursuant to that settlement agreement or other contract; and (2) enacts rules for determining the amount of the fee or consideration which may be requested and received by the debt-management service. Section 2 of this bill removes from existing law a requirement that a debt-management service return 65 percent of any portion of the set-up fee received under existing law if an agreement which contemplated that the individuals creditors would settle debts for less than the principal amount of the debt is terminated.
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 676A.580 is hereby amended to read as follows:
676A.580 1. A provider may not impose directly or indirectly a fee or other charge on an individual or receive money from or on behalf of an individual for debt-management services except as permitted by this section.
2. A provider may not impose charges or receive payment for debt-management services until the provider and the individual have signed an agreement that complies with NRS 676A.540 and 676A.700.
3. If an individual assents to an agreement, a provider may not impose a fee or other charge for educational or counseling services or the like, except as otherwise provided in this subsection and subsection 5 of NRS 676A.700. The Commissioner may authorize a provider to charge a fee based on the nature and extent of the educational or counseling services furnished by the provider.
4. Subject to adjustment of dollar amounts pursuant to subsection 6 of NRS 676A.730, the following rules apply:
(a) If an individual assents to a plan which contemplates that creditors will reduce finance charges or fees for late payment, default or delinquency, the provider may charge, not including money provided by creditors to support educational or counseling services concerning personal finance provided by nonprofit entities:
κ2013 Statutes of Nevada, Page 630 (CHAPTER 178, SB 288)κ
the provider may charge, not including money provided by creditors to support educational or counseling services concerning personal finance provided by nonprofit entities:
(1) A fee not to exceed $50 for consultation, obtaining a credit report, setting up an account and the like; and
(2) A monthly service fee, not to exceed $10 times the number of accounts remaining in a plan at the time the fee is assessed, but not more than $50 in any month.
(b) [If an individual assents to an agreement which contemplates that creditors will settle debts for less than the principal amount of the debt, a provider may charge:
(1) Subject to subsection 4 of NRS 676A.540, a fee for consultation, obtaining a credit report, setting up an account and the like, in an amount not to exceed the lesser of $400 and 4 percent of the debt in the plan at the inception of the plan; and
(2) A monthly service fee, not to exceed $10 times the number of accounts remaining in a plan at the time the fee is assessed, but not more than $50 in any month.
(c) A provider may not impose or receive fees under both paragraphs (a) and (b).
(d)] Except as otherwise provided in subsection 5 of NRS 676A.700, if an individual does not assent to an agreement, a provider may receive for educational or counseling services it provides to the individual a fee not to exceed $100 or, with the approval of the Commissioner, a larger fee. The Commissioner may approve a fee larger than $100 if the nature and extent of the educational or counseling services warrant the larger fee.
5. If, before the expiration of 90 days after the completion or termination of educational or counseling services, an individual assents to an agreement, the provider shall refund to the individual any fee paid pursuant to paragraph [(d)] (b) of subsection 4.
6. [Except as otherwise provided in subsections 3 and 4, if an agreement contemplates that creditors will settle an individuals debts for less than the principal amount of the debt, compensation for services in connection with settling debt may not exceed one of the following applicable settlement fee limits, the terms of which must be clearly disclosed in the agreement:
(a) With respect to agreements in which a flat settlement fee is charged based on the overall amount of included debt, the total aggregate amount of fees charged to an individual under this chapter, including fees charged under subparagraphs (1) and (2) of paragraph (b) of subsection 4, may not exceed 17 percent of the principal amount of debt included in the agreement at the agreements inception. The flat settlement fee authorized under this paragraph must be assessed in equal monthly payments over not less than half of the length of the plan, as estimated at the plans inception, unless:
(1) Voluntarily accelerated by the individual in a separate record; and
(2) Offers of settlement by creditors have been obtained on at least half of the outstanding debt included in the agreement.
(b) With respect to agreements in which fees are calculated as a percentage of the amount saved by an individual, a settlement fee may not exceed 30 percent of the excess of the outstanding amount of each debt over the amount actually paid to the creditor, as calculated at the time of settlement. Settlement fees authorized under this paragraph must become billable only as debts are settled, and the total aggregate amount of fees charged to an individual under this paragraph, including fees charged under subparagraphs (1) and (2) of paragraph (b) of subsection 4, may not exceed 20 percent of the principal amount of debt included in the agreement at the agreements inception.
κ2013 Statutes of Nevada, Page 631 (CHAPTER 178, SB 288)κ
billable only as debts are settled, and the total aggregate amount of fees charged to an individual under this paragraph, including fees charged under subparagraphs (1) and (2) of paragraph (b) of subsection 4, may not exceed 20 percent of the principal amount of debt included in the agreement at the agreements inception.
Κ A provider may not impose or receive fees under both paragraphs (a) and (b).] If an individual assents to an agreement which contemplates that creditors will settle debts for less than the principal amount of the debt, a provider may not request or receive payment of any fee or consideration until and unless:
(a) The provider has settled the terms of at least one debt pursuant to a settlement agreement or other valid contractual agreement executed by the individual;
(b) The individual has made at least one payment pursuant to that settlement agreement or other valid contractual agreement between the individual and the creditor or debt collector; and
(c) The fee or consideration:
(1) Bears the same proportional relationship to the total fee for settling the terms of the entire debt balance as the individual debt amount bears to the entire debt amount, in which case the individual debt amount and the entire debt amount are those owed at the time the debt was enrolled in the service; or
(2) Is a percentage of the amount saved as a result of the settlement. The percentage charged cannot change from one individual debt to another. The amount saved is the difference between the amount owed at the time the debt was enrolled in the plan and the amount actually paid to satisfy the debt.
7. Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, if a payment to a provider by an individual under this chapter is dishonored, a provider may impose a reasonable charge on the individual, not to exceed the lesser of $25 and the amount permitted by law other than this chapter.
Sec. 2. NRS 676A.620 is hereby amended to read as follows:
676A.620 1. If an individual who has entered into an agreement fails for 60 days to make payments required by the agreement, a provider may terminate the agreement.
2. If a provider or an individual terminates an agreement, the provider shall immediately return to the individual [:
(a) Any] any money of the individual held in trust for the benefit of the individual . [; and
(b) If the agreement contemplated that the provider would provide debt settlement services, sixty-five percent of any portion of the set-up fee received pursuant to paragraph (b) of subsection 4 of NRS 676A.580 which has not been credited against settlement fees.]
Sec. 3. The amendatory provisions of this act apply only to an agreement for the performance of debt-management services executed on or after October 1, 2013.
________
κ2013 Statutes of Nevada, Page 632κ
Senate Bill No. 304Senator Smith
CHAPTER 179
[Approved: May 27, 2013]
AN ACT relating to the City of Sparks; revising provisions of the Charter of the City of Sparks relating to the duties of the City Manager, employment of attorneys by the City Council and meetings of the Civil Service Commission; removing certain provisions relating to employment with the City of Sparks; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 1-3 of this bill amend various provisions of the Charter of the City of Sparks. Section 1 of this bill clarifies that the authority of the City Manager to exercise control over the officers of the City applies only with respect to appointed officers. Section 2 of this bill authorizes the City Council, after a hearing and by majority vote, to employ attorneys over whom the City Attorney has no responsibility or authority to: (1) represent the City Council; or (2) perform any duties otherwise performed by the City Attorney. Section 3 requires the Civil Service Commission of the City to call a special meeting under certain circumstances. Section 3 additionally requires the Commission to hold not less than one regular meeting each quarter.
Section 4 of this bill repeals certain sections of the Charter of the City of Sparks which prohibit certain acts and sections which provide for: (1) examinations for employment with the City; (2) performance reports for employees of the City; (3) the submission of a list of qualified applicants to the head of a department of the City to aid in filling an available or vacant position in the department; (4) the filling of a vacant position in a department of the City and promotional examinations; and (5) the employment of probationary employees.
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. Section 3.020 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 32, Statutes of Nevada 2011, at page 135, is hereby amended to read as follows:
Sec. 3.020 City Manager: Duties; residence.
1. The City Manager is responsible to the Council for the efficient administration of all the affairs of the City. He or she shall:
(a) Exercise a careful supervision of the Citys general affairs.
(b) Enforce all laws and all acts of the Council which are subject to enforcement by him or her or by persons under his or her supervision.
(c) [Exercise] Except as otherwise provided in this Charter, exercise control over all departments of the City government , [and] its appointed officers and its employees.
(d) Attend all meetings of the Council and its committees, except when the Council is considering his or her removal, with the right to take part in discussions, but without power to vote.
κ2013 Statutes of Nevada, Page 633 (CHAPTER 179, SB 304)κ
(e) Recommend to the Council the adoption of such measures and bills as he or she considers necessary or expedient.
(f) Make investigations into:
(1) The affairs of the City;
(2) Any department or division of the City;
(3) Any contract; or
(4) The proper performance of any obligation owed to the City.
(g) Prepare and submit to the Council the annual budget.
(h) Keep the Council fully informed as to the financial condition and needs of the City.
(i) Submit to the Council, at least once each month, a summary of all claims and bills approved for payment by him or her.
(j) Not engage in any other business or occupation without the approval of the City Council.
(k) Perform such other duties as prescribed by this Charter or be required by ordinance or resolution of the Council.
2. The City Manager must establish his or her residence within the City within 90 days after his or her appointment, unless the period is extended by the Council. He or she must reside in the City during his or her term of office.
Sec. 2. Section 3.055 of the Charter of the City of Sparks, being chapter 321, Statutes of Nevada 2007, at page 1292, is hereby amended to read as follows:
Sec. 3.055 Employment of special counsel. The City Council may, by majority vote, after conducting a public hearing, employ attorneys to [perform] :
1. Represent the City Council; or
2. Perform any civil or criminal duty [of] that would otherwise be performed by the City Attorney.
Κ Such attorneys are responsible only to the City Council, and the City Attorney shall have no responsibility or authority concerning the subject matter of such employment.
Sec. 3. Section 9.170 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 350, Statutes of Nevada 1987, at page 796, is hereby amended to read as follows:
Sec. 9.170 Civil Service Commission: Meetings . [of the Commission.]
1. [Upon the request of] The Civil Service Commission shall call a special meeting of the Commission not later than 15 days after receiving notice from the City Manager [,] advising the Commission of matters [requiring] which require consideration [,] by the Commission . [shall call a meeting within 15 days after receipt of the request.]
2. [The] In addition to any special meeting held pursuant to subsection 1, the Commission shall hold not less than one regular meeting per [month. The meeting must be held on the same day of each calendar month, except that if the day is a holiday, the meeting must be held on the next business day.] quarter.
3. Notice of meetings must be given and meetings must be held as provided in chapter 241 of NRS.
κ2013 Statutes of Nevada, Page 634 (CHAPTER 179, SB 304)κ
Sec. 4. Section 9.040 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 427, Statutes of Nevada 1999, at page 1979, section 9.050 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1323, section 9.060 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1323, section 9.065 of the Charter of the City of Sparks, being chapter 450, Statutes of Nevada 1985, as last amended by chapter 427, Statutes of Nevada 1999, at page 1980, section 9.070 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 793, and section 9.080 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 32, Statutes of Nevada 2011, at page 136, are hereby repealed.
Sec. 5. This act becomes effective on July 1, 2013.
________
Senate Bill No. 309Senators Spearman, Manendo, Parks; Goicoechea and Hammond
CHAPTER 180
[Approved: May 27, 2013]
AN ACT relating to mentoring programs; urging the Nevada System of Higher Education and various business organizations to establish mentoring programs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada System of Higher Education and various business organizations in this State, such as chambers of commerce, together possess human and other resources which could be used to establish mentoring programs for business entrepreneurs. This bill urges the Nevada System of Higher Education and business organizations in this State to so use their resources.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Mentors can be crucial to the success of new, aspiring or struggling business entrepreneurs by supporting the efforts of those entrepreneurs through teaching, training and consulting; and
Whereas, Mentors can help business entrepreneurs develop business plans, project growth and tackle tough issues; and
Whereas, A mentor can be one of the most valuable resources for a business entrepreneur seeking to start a business, grow a business or create jobs; and
Whereas, Many business organizations throughout this State are made up of Nevadans who have the expertise and willingness to serve as mentors for business entrepreneurs; and
κ2013 Statutes of Nevada, Page 635 (CHAPTER 180, SB 309)κ
Whereas, The Nevada System of Higher Education possesses the resources to identify aspiring business entrepreneurs, advertise mentoring programs and facilitate the matching of such entrepreneurs with people willing and able to serve as mentors; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature finds and declares that:
1. Mentoring programs are needed and valuable for the growth and development of business entrepreneurs and a robust business community in this State; and
2. The Legislature hereby urges the Nevada System of Higher Education and business organizations in this State, including, without limitation, the chambers of commerce within the State of Nevada, to:
(a) Work together to establish mentoring programs:
(1) For the purpose of matching up mentors who are successful business entrepreneurs with new, aspiring or struggling business entrepreneurs in this State, especially those new, aspiring or struggling business entrepreneurs who are veterans, small business owners or minority business owners; and
(2) That allow a business to make a financial contribution to the Nevada System of Higher Education to support scholarship awards, based on a combination of merit and need, for students studying business that give the students both a financial award and an opportunity to work closely with the business that made the financial contribution for the award;
(b) Work together to consider and establish best practices for providing other mentoring programs, including, without limitation, a mentoring program that allows business students and graduates from any college or university to receive peer mentoring and training in management to turn business ideas into viable businesses; and
(c) Identify and reach out to other business organizations in this State to participate in and assist with establishing mentoring programs and providing mentors.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 636κ
Senate Bill No. 310Senator Ford (by request)
CHAPTER 181
[Approved: May 27, 2013]
AN ACT relating to financial institutions; revising certain notice requirements for financial institutions which operate electronic terminals; authorizing a bank chartered by this State to engage in a derivative transaction under certain circumstances; providing that the total outstanding loans of such a bank include any credit exposure of the bank arising from certain transactions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Federal law requires an operator of an automated teller machine who imposes a certain fee on any customer to provide notice of the fee to the consumer at the time the service is provided. (15 U.S.C. § 1693b(d)(3)(a)) Previously, federal law required the operator to: (1) post the notice of the fee in a prominent and conspicuous location on or at the automated teller machine; and (2) provide the notice electronically on the screen of the automated teller machine or on a paper notice issued from the machine, after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction. Congress recently enacted legislation which repealed the requirement that an operator of an automated teller machine post the notice on or at an automated teller machine. (Pub. L. No. 112-216) Section 3 of this bill similarly amends existing state law to delete the requirement that a financial institution operating an electronic terminal must disclose the fee on a sign posted on or in clear view of the electronic terminal. (NRS 660.052)
Federal law authorizes a state bank which is insured by the Federal Deposit Insurance Corporation to engage in a derivative transaction only if the state law governing the lending limits of the bank takes into consideration the credit exposure of the bank arising from derivative transactions. (12 U.S.C. § 1828(y)) Section 4 of this bill authorizes a bank chartered by this State to engage in a derivative transaction with the consent and written approval of the Commissioner of Financial Institutions. Section 5 of this bill provides that the total outstanding loans of such a bank, for the purposes of calculating the lending limit of the bank, must include the credit exposure of the bank arising from certain transactions, including derivative transactions.
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 657 of NRS is hereby amended by adding thereto a new section to read as follows:
Derivative transaction has the meaning ascribed to it in 12 U.S.C. § 84(b)(3).
Sec. 2. NRS 657.005 is hereby amended to read as follows:
657.005 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 657.016 to 657.085, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 660.052 is hereby amended to read as follows:
660.052 1. A financial institution operating an electronic terminal may charge a transaction fee to the customer using the electronic terminal if the transaction fee is disclosed [:
κ2013 Statutes of Nevada, Page 637 (CHAPTER 181, SB 310)κ
(a) On a sign posted on or in clear view of the electronic terminal; and
(b) Electronically] electronically during the course of the transaction so as to permit the customer to cancel the transaction without incurring the transaction fee.
2. For each transaction processed by an electronic terminal, except for a transaction involving a negotiable instrument that is its own receipt, the electronic terminal must, at the time of the transaction, make available to the customer a machine processed or handwritten record of each transaction. The record must include:
(a) The amount of the transaction. A fee for the transaction may be included in this amount if the electronic terminal is owned or operated by a person other than the financial institution that holds the customers account if the fee is disclosed on the record of the transaction and [on a sign posted on or in clear view of the electronic terminal.] pursuant to subsection 1.
(b) The date of the transaction.
(c) The type of transaction and the type of account to or from which money is transferred. Codes may be used for this purpose if they are explained on the record of the transaction.
(d) A number or code that identifies the customer, the customers account number or the device used to access the electronic terminal.
(e) The location of the electronic terminal, or a number or code identifying that location.
(f) The name of each third party to or from whom money is transferred, if the name provided by the customer can be reproduced by the electronic terminal on the record of the transaction. A code may be used for this purpose only if it is explained on the record of the transaction.
Sec. 4. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations and limited-liability companies, a bank may:
(a) Exercise by its board of directors, managers or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking by:
(1) Discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness;
(2) Receiving deposits;
(3) Buying and selling exchange, coin and bullion; and
(4) Loaning money on personal security or real and personal property.
Κ At the time of making loans, banks may take and receive interest or discounts in advance.
(b) Adopt regulations for its own government not inconsistent with the Constitution and laws of this State.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearinghouse association and pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, including, without limitation, engaging in a derivative transaction, with the consent and written approval of the Commissioner. The Commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for national banks is eliminated or modified.
κ2013 Statutes of Nevada, Page 638 (CHAPTER 181, SB 310)κ
Commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for national banks is eliminated or modified.
(g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations adopted by the Commissioner.
(h) Unless otherwise specifically prohibited by federal law, sell annuities if licensed by the Commissioner of Insurance.
2. A bank may purchase, hold and convey real property:
(a) As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion. This investment must not exceed, except as otherwise provided in this section, 60 percent of its stockholders or members equity, plus subordinated capital notes and debentures. The Commissioner may authorize any bank located in a city whose population is 15,000 or more to invest more than 60 percent of its stockholders or members equity, plus subordinated capital notes and debentures, in its banking offices, furniture and fixtures.
(b) As is mortgaged to it in good faith by way of security for loans made or money due to the bank.
(c) As is permitted by NRS 662.103.
3. This section does not prohibit any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it. Except as otherwise provided in subsection 4, real property acquired through the collection of debts due it may not be held for longer than 5 years. It must be sold at private or public sale within 30 days thereafter.
4. A bank may request and the Commissioner may grant an extension of the period described in subsection 3 of not more than 5 years. The Commissioner shall not grant a bank more than one extension of the period prescribed in subsection 3 for any real property held by the bank.
Sec. 5. NRS 662.145 is hereby amended to read as follows:
662.145 1. Subject to the limitations set forth in NRS 662.155, the total outstanding loans of any bank to any person, company, corporation or firm may not at any time exceed 25 percent of the stockholders or members equity of the bank, actually paid in. For the purposes of this section, the total outstanding loans of any bank include any credit exposure to a person, company, corporation or firm arising from a derivative transaction, repurchase agreement, reverse-repurchase agreement, securities lending transaction or securities borrowing transaction between the bank and the person, company, corporation or firm. The discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, must not be considered as money loaned.
2. Neither the limitation on loans by banks contained in this section nor any other similar limitations contained in any law of this state relating to banks or banking apply to any loan or loans made by any bank to the extent that they are secured or covered by guarantees or by commitments or agreements to take over or to purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.
κ2013 Statutes of Nevada, Page 639 (CHAPTER 181, SB 310)κ
3. The Commissioner may establish limitations on loans made by a bank to its directors, officers or employees and may establish requirements for the reporting of these loans.
4. The Commissioner may adopt regulations necessary to carry out the provisions of this section.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 317Senator Denis
CHAPTER 182
[Approved: May 27, 2013]
AN ACT relating to vehicle dealers; revising provisions relating to franchise agreements between a manufacturer, distributor or factory branch and a vehicle dealer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, it is an unfair act or practice for a manufacturer or distributor of vehicles and certain related entities to require a dealer to agree to a term or condition of a franchise agreement which violates certain provisions which are related to such franchises. (NRS 482.3638) This bill clarifies an existing statute by expressly providing that it is also an unfair act or practice for the manufacturer or distributor of vehicles and certain related entities to require a dealer to agree to any terms or conditions of a franchise agreement which waive such provisions and that any waiver of such provisions is void and unenforceable.
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 482.3638 is hereby amended to read as follows:
482.3638 It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
1. Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if that referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.
2. Require a dealer to agree to the jurisdiction, venue or tribunal in which a controversy arising under the provisions of the franchise agreement may or may not be submitted for resolution, or prohibit a dealer from bringing an action in any forum allowed by Nevada law.
3. Require a dealer to agree to a term or condition of a franchise agreement which violates or waives any provision of NRS 482.36311 to 482.36425, inclusive. A waiver of any provision of NRS 482.36311 to 482.36425, inclusive, is void and unenforceable.
κ2013 Statutes of Nevada, Page 640 (CHAPTER 182, SB 317)κ
4. Require a dealer to waive a trial by jury in actions involving the manufacturer, distributor or factory branch.
5. Increase prices of new vehicles which the dealer had ordered for private retail consumers before the dealer receives the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each order. Price changes applicable to new models or series of vehicles at the time of the introduction of the new models or series shall not be deemed a price increase. Price changes caused by:
(a) The addition to a vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;
(b) Revaluation of the United States dollar in the case of foreign-made vehicles; or
(c) Transportation cost increases,
Κ are not subject to this subsection.
6. Deny the principal owner the opportunity to designate his or her spouse, a member of his or her family, a qualified manager, or a trust or other artificial person controlled by any of them as entitled to participate in the ownership of:
(a) The franchised dealership;
(b) A successor franchised dealership for 2 years or a longer reasonable time after the incapacity of the principal owner; or
(c) A successor franchised dealership after the death of the principal in accordance with NRS 482.36396 to 482.36414, inclusive.
7. Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.
8. Terminate or refuse to approve a transfer of a franchise for a dealership, or honor the right of succession set forth in a franchise agreement or refuse to approve the transfer of a controlling interest in a dealership because the dealer has, before October 1, 1997, established an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership.
9. Prevent a dealer from establishing, on or after October 1, 1997, an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership if the dealer:
(a) Submits a written request for approval of the additional franchise to the manufacturer, distributor or factory branch of the existing dealership;
(b) Complies with the reasonable requirements for approval set forth in the franchise of the existing dealership; and
(c) Obtains the approval of the manufacturer, distributor or factory branch of the existing dealership.
Κ The manufacturer, distributor or factory branch shall notify the dealer in writing of its decision to approve or deny the request within 90 days after receipt of the request. The manufacturer, distributor or factory branch shall not unreasonably withhold its approval. If the request is denied, the material reasons for the denial must be stated. Failure to approve or deny the request, in writing, within 90 days has the effect of approval.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 641κ
Senate Bill No. 318Senator Hardy
CHAPTER 183
[Approved: May 27, 2013]
AN ACT relating to insurance; requiring the Commissioner of Insurance to conduct a study concerning claims, coverage and payments under policies of dental and health insurance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Commissioner of Insurance to conduct examinations and investigations of insurance matters. (NRS 679B.120) This bill requires the Commissioner to conduct a study concerning topics relating to claims, coverage and payments under policies of dental and health insurance, including issues relating to the coordination of benefits for coverage of procedures, including, without limitation, oral surgery, where the patient has multiple dental or medical plans which may provide coverage and submit a report of the results of the study to the Legislative Committee on Health Care on or before June 1, 2014.
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. 1. The Commissioner of Insurance shall conduct a study concerning topics relating to claims, coverage and payments under policies of dental and health insurance.
2. The study must include a review of:
(a) The coordination of benefits for coverage of procedures, including, without limitation, oral surgery, where the patient has multiple dental plans, multiple medical plans or both dental and medical plans which may provide coverage; and
(b) Any other issues relating to claims, coverage or payments under policies of dental and health insurance, including, without limitation, annual limits for dental insurance benefit payouts, annual deductibles for dental insurance and the ability of health care providers, including oral surgeons, to receive timely payment for services.
3. On or before June 1, 2014, the Commissioner of Insurance shall submit a report of the results of the study conducted pursuant to subsection 1 and any recommendations for legislation to the Legislative Committee on Health Care.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 642κ
Senate Bill No. 325Senator Spearman
CHAPTER 184
[Approved: May 27, 2013]
AN ACT relating to elections; requiring an explanation of an advisory question placed on the ballot by the governing body of a county or city to be written in easily understood language; requiring that every initiative, referendum or question placed on the ballot include a digest; eliminating certain obsolete provisions; requiring the governing bodies of certain counties and cities to appoint committees to prepare arguments for and against approval of advisory questions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, for every constitutional amendment or other statewide measure submitted to a vote of the people, a condensation and explanation of the measure to be prepared for inclusion with the ballot. The condensation and explanation must be written in easily understood language and be of reasonable length. (NRS 218D.810, 293.250) Sections 1 and 6 of this bill require the explanation to also include a digest that provides a concise and clear summary of any existing laws directly related to the measure and a summary of how the measure adds to, changes or repeals such existing laws. If a constitutional amendment or statewide measure creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement indicating so.
Existing law authorizes the governing body of a political subdivision to submit a ballot question to the voters of the political subdivision and the governing body of a city or county to submit an advisory question to the voters of the city or county. In both cases, the governing body must provide an explanation of the question. (NRS 293.481, 293.482) Sections 2 and 3 of this bill require the explanation to be written in easily understood language and to include a digest. The digest must include a clear and concise summary of any existing laws directly related to the question and a summary of how the question adds to, changes or repeals such existing laws. If a question regarding a measure creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement indicating so.
Under existing law, if an initiative, referendum or other question is placed on the ballot in a county whose population is 45,000 or more (currently Carson City and Clark, Elko, Douglas, Lyon and Washoe Counties) by the board of county commissioners of the county or by the governing body of certain entities within the county, the board of county commissioners must appoint a committee of persons who favor approval of the measure and a committee of persons who oppose approval of the measure to prepare arguments advocating or opposing, respectively, approval of the measure for inclusion in the sample ballot. (NRS 295.121) Existing law imposes an identical requirement on the city council of any city whose population is 15,000 or more (currently Boulder City, Carson City, Elko, Fernley, Henderson, Las Vegas, Mesquite, North Las Vegas, Reno and Sparks). (NRS 295.217) Sections 4 and 5 of this bill: (1) apply these requirements to all counties and cities; and (2) clarify that the requirement to appoint such committees applies when the question on the ballot is an advisory question. Sections 2-3.6 of this bill eliminate obsolete provisions regarding the provision, by the governing body of certain political subdivisions, public or quasi-public corporations or certain other local agencies, of arguments for and against questions on the ballot.
κ2013 Statutes of Nevada, Page 643 (CHAPTER 184, SB 325)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. NRS 293.250 is hereby amended to read as follows:
293.250 1. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.
(b) The procedures to be followed and the requirements of a system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.
2. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
(b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.
3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voters choice.
4. The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
κ2013 Statutes of Nevada, Page 644 (CHAPTER 184, SB 325)κ
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. A county clerk:
(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
Sec. 2. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection [2,] 3, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide to each county clerk within the designated territory on or before the third Monday in July preceding the election:
(1) A copy of the question, including an explanation of the question; and
(2) [Except as otherwise provided in NRS 295.121 or 295.217, arguments for and against the question; and
(3)] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
(b) At a primary election, shall provide to each county clerk within the designated territory on or before the second Friday after the first Monday in March preceding the election:
(1) A copy of the question, including an explanation of the question; and
(2) [Arguments for and against the question; and
(3)] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
(c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide to each county clerk at least 60 days before the election:
(1) A copy of the question, including an explanation of the question; and
(2) [Arguments for and against the question; and
(3)] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide to the city clerk at least 60 days before the election:
(1) A copy of the question, including an explanation of the question; and
κ2013 Statutes of Nevada, Page 645 (CHAPTER 184, SB 325)κ
(2) [Arguments for and against the question; and
(3)] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
2. An explanation of a question required to be provided to a county clerk pursuant to subsection 1 must be written in easily understood language and include a digest. The digest must include a concise and clear summary of any existing laws directly related to the measure proposed by the question and a summary of how the measure proposed by the question adds to, changes or repeals such existing laws. For a measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the measure creates, generates, increases or decreases, as applicable, public revenue.
3. A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.
[3.] 4. A question that is submitted pursuant to subsection 1 may be withdrawn if the governing body provides notification to each of the county or city clerks within the designated territory of its decision to withdraw the particular question on or before the same dates specified for submission pursuant to paragraph (a), (b), (c) or (d) of subsection 1, as appropriate.
[4.] 5. A county or city clerk:
(a) Shall assign a unique identification number to a question submitted pursuant to this section; and
(b) May charge any political subdivision, public or quasi-public corporation, or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation, arguments and description of the anticipated financial effect on the ballot.
Sec. 3. NRS 293.482 is hereby amended to read as follows:
293.482 1. The governing body of a county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration. No other political subdivision, public or quasi-public corporation, or other local agency may ask the advice of the registered voters within its jurisdiction on any question which it has under consideration.
2. To place an advisory question on the ballot at a general election or general city election, the governing body of a county or city must:
(a) Adopt a resolution that:
(1) Sets forth:
(I) The question, in language indicating clearly that the question is advisory only . [;]
(II) An explanation of the question [;] that is written in easily understood language and includes a digest. The digest must include a concise and clear summary of any existing laws related to the measure proposed by the question and a summary of how the measure proposed by the question adds to, changes or repeals such existing laws. For a measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the measure creates, generates, increases or decreases, as applicable, public revenue.
κ2013 Statutes of Nevada, Page 646 (CHAPTER 184, SB 325)κ
that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the measure creates, generates, increases or decreases, as applicable, public revenue.
(III) [Except as otherwise provided in NRS 295.121 and 295.217, arguments for and against the question; and
(IV)] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared by the governing body in accordance with subsection 4 . [; and]
(2) States that the result of the voting on the question does not place any legal requirement on the governing body, any member of the governing body or any officer of the political subdivision . [; and]
(b) Comply with the requirements of paragraph (a) or (d) of subsection 1 of NRS 293.481.
3. A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of its territory; and
(b) The resolution adopted pursuant to subsection 2 sets forth the boundaries of the area in which the advice of the registered voters will be asked.
4. With respect to a description of the anticipated financial effect that is required in connection with an advisory question:
(a) If, in the advisory question, the governing body seeks advice on whether bonds should be issued, the description must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for issuance of the applicable type of bond.
(b) If, in the advisory question, the governing body seeks advice on whether a limitation upon revenue from taxes ad valorem should be exceeded, the description must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for exceeding that limitation.
(c) If, in the advisory question, the governing body seeks advice on whether a tax other than a property tax described in paragraph (b) should be levied, the description must:
(1) Identify the average annual cost that is expected to be incurred by the affected taxpayers if the tax were to be levied;
(2) Specify the period over which the tax is proposed to be levied;
(3) Disclose whether, in connection with the levy of the tax, revenue bonds are to be sold which will be backed by the full faith and credit of the assessed value of the applicable local government; and
(4) If applicable, specify whether, in connection with or following the levy of the tax, additional expenses are expected to be incurred to pay for the operation or maintenance of any program or service to be provided from the proceeds of the tax or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the tax.
(d) If, in the advisory question, the governing body seeks advice on whether a fee should be imposed, the description must:
κ2013 Statutes of Nevada, Page 647 (CHAPTER 184, SB 325)κ
(1) Identify the average annual cost that is expected to be incurred by the affected users if the fee were to be imposed;
(2) Specify the period over which the fee is proposed to be imposed; and
(3) If applicable, specify whether, in connection with or following the imposition of the fee, additional expenses are expected to be incurred to pay for the program or service to be provided from the proceeds of the fee or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the fee.
(e) If, in the advisory question, the governing body seeks advice on whether the applicable local government should incur an expense, the description must:
(1) Identify the source of revenue that will be used to pay the expense;
(2) Disclose whether it is expected that the incurring of the expense will require the levy or imposition of a new tax or fee or the increase of an existing tax or fee; and
(3) If a tax or fee is proposed to be levied or imposed or increased to pay the expense, contain the information required pursuant to paragraph (c) or (d), as applicable.
5. On the sample ballot for the general election or general city election, each advisory question must appear:
(a) With a title in substantially the following form: Advisory Ballot Question No. ....; and
(b) With its explanation, arguments and description of the anticipated financial effect.
6. The Committee on Local Government Finance shall prepare sample advisory ballot questions to demonstrate, for each situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of the manner in which descriptions of the anticipated financial effect should be prepared.
Sec. 3.3. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 3, sample ballots must include:
(a) If applicable, the statement required by NRS 293.267;
(b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 293.482, 295.015 or 295.095 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 [, 293.481, 293.482] or 295.121; and
(e) The full text of each proposed constitutional amendment.
2. If, pursuant to the provisions of NRS 293.2565, the word Incumbent must appear on the ballot next to the name of the candidate who is the incumbent, the word Incumbent must appear on the sample ballot next to the name of the candidate who is the incumbent.
κ2013 Statutes of Nevada, Page 648 (CHAPTER 184, SB 325)κ
is the incumbent, the word Incumbent must appear on the sample ballot next to the name of the candidate who is the incumbent.
3. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
4. Before the period for early voting for any election begins, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
5. Except as otherwise provided in subsection 6, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
6. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
7. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
8. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
9. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
κ2013 Statutes of Nevada, Page 649 (CHAPTER 184, SB 325)κ
locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.
10. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 3.6. NRS 293C.530 is hereby amended to read as follows:
293C.530 1. Before the period for early voting for any election begins, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. Except as otherwise provided in subsection 4, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type;
(b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS [293.481, 293.482,] 295.205 or 295.217; and
(c) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. The word Incumbent must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.
4. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
5. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
6. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.
κ2013 Statutes of Nevada, Page 650 (CHAPTER 184, SB 325)κ
7. The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voters regularly designated polling place.
8. The cost of mailing sample ballots for a city election must be borne by the city holding the election.
Sec. 4. NRS 295.121 is hereby amended to read as follows:
295.121 1. [In a county whose population is 45,000 or more, for] For each initiative, referendum , advisory question or other question to be placed on the ballot by:
(a) The board, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160;
(b) The governing body of a school district, public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the county; or
(c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,
Κ the board shall, in consultation with the county clerk pursuant to subsection 5, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 5, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section.
κ2013 Statutes of Nevada, Page 651 (CHAPTER 184, SB 325)κ
to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the board appoints a committee pursuant to this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
6. If the board [of a county whose population is 45,000 or more] fails to appoint a committee as required pursuant to this section, the county clerk shall, in consultation with the district attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the county clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the county clerk pursuant to subsection 8. The county clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chair for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The anticipated financial effect of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 8.
8. The county clerk [of a county whose population is 45,000 or more] shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
κ2013 Statutes of Nevada, Page 652 (CHAPTER 184, SB 325)κ
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that the county clerk believes is libelous or factually inaccurate.
Κ The decision of the county clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
10. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
11. [In a county whose population is less than 45,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 8.
12.] Except as otherwise provided in this subsection, if a question is to be placed on the ballot by an entity described in paragraph (b) or (c) of subsection 1, the entity must provide a copy and explanation of the question to the county clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the county clerk is governed by subsection [2] 3 of NRS 293.481.
[13.] 12. The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.
Sec. 5. NRS 295.217 is hereby amended to read as follows:
295.217 1. [In a city whose population is 15,000 or more, for] For each initiative, referendum , advisory question or other question to be placed on the ballot by the:
(a) Council, including, without limitation, pursuant to NRS 293.482 or 295.215; or
(b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,
Κ the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
κ2013 Statutes of Nevada, Page 653 (CHAPTER 184, SB 325)κ
committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
6. If the council [of a city whose population is 15,000 or more] fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chair for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
κ2013 Statutes of Nevada, Page 654 (CHAPTER 184, SB 325)κ
the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The anticipated financial effect of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.
8. The city clerk [of a city whose population is 15,000 or more] shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that the city clerk believes is libelous or factually inaccurate.
Κ The decision of the city clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
10. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
11. [In a city whose population is less than 15,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 8.
12.] If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481.
κ2013 Statutes of Nevada, Page 655 (CHAPTER 184, SB 325)κ
NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection [2] 3 of NRS 293.481.
Sec. 6. NRS 218D.810 is hereby amended to read as follows:
218D.810 1. As used in this section, first committee of reference means the committee to which a bill or joint resolution was first referred in the House in which it was introduced.
2. Upon request from the first committee of reference, the Legal, Research and Fiscal Analysis Divisions shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the Legislature, would be submitted to a vote of the people:
(a) A condensation of the proposal into a question to be placed on the ballot;
(b) An explanation of the proposal, including arguments for and against the proposal;
(c) If the Legislature rejects a statewide measure proposed by initiative, proposes a different measure on the same subject which the Governor approves and includes the measure on the ballot with the statewide measure proposed by initiative, rebuttals to each argument for and against the proposal; and
(d) A fiscal note for the proposal, including an explanation of any anticipated financial effects on state and local governments.
3. The condensation, explanation, arguments, rebuttals and fiscal note must be of reasonable length and written in easily understood language. The explanation must include a digest. The digest must include a concise and clear summary of any existing laws directly relating to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
4. After the bill or joint resolution has been approved by both Houses, the first committee of reference shall request the preparation of the condensation, explanation, arguments, rebuttals and fiscal note, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.
5. The first committee of reference shall submit the condensation, explanation, arguments, rebuttals and fiscal note, in the form of a simple resolution, to the members of the House in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the Secretary of State to accompany the bill or joint resolution to which it relates.
6. If the Legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the Legislative Commission shall review, revise and approve the condensation, explanation, arguments, rebuttals and fiscal note for delivery to the Secretary of State on or before July 1 of the year in which the general election is to be held.
7. In the case of a joint resolution which proposes a constitutional amendment, the condensation, explanation, arguments, rebuttals and fiscal note must be treated in the same manner when the proposal is before the Legislature for its second approval as when the proposal was first approved.
κ2013 Statutes of Nevada, Page 656 (CHAPTER 184, SB 325)κ
note must be treated in the same manner when the proposal is before the Legislature for its second approval as when the proposal was first approved.
8. The Legislative Counsel Bureau shall distribute copies of the condensations, explanations, arguments, rebuttals and fiscal notes to Legislators, public libraries, newspapers and broadcasters.
Sec. 7. This act becomes effective on July 1, 2013.
________
Senate Bill No. 335Senator Hammond
CHAPTER 185
[Approved: May 27, 2013]
AN ACT relating to taxicabs; requiring prospective drivers of taxicabs in certain counties to obtain certain health certificates; revising requirements for the issuance of certain health certificates to prospective drivers of taxicabs in certain counties; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Transportation Authority regulates common motor carriers of passengers, which include limousines and, in counties with a population of less than 700,000 (currently all counties other than Clark County), taxicabs. (NRS 706.151) Section 1 of this bill requires a person who wishes to be employed or to enter into a contract or lease to drive a taxicab in a county under the jurisdiction of the Nevada Transportation Authority to obtain a certificate from a physician or licensed chiropractic physician stating that he or she has examined the prospective driver and found that the prospective driver meets certain health requirements. Section 1 also establishes the requirements and procedures to obtain such a certificate.
Under existing law, the Taxicab Authority regulates taxicabs in a county whose population is 700,000 or more (currently Clark County) and in any county that has, by ordinance, placed itself under the jurisdiction of the Taxicab Authority. (NRS 706.881) Existing law requires a person who wishes to be employed as a taxicab driver in a county under the jurisdiction of the Taxicab Authority to meet certain health requirements. The prospective driver is required to obtain a health certificate issued by a physician stating that he or she has examined the prospective driver and found that the prospective driver meets those health requirements. (NRS 706.8842) Section 8 of this bill revises existing law by providing that the examination and health certification may also be provided by a licensed chiropractic physician. Section 9 of this bill makes the corresponding change to the provision of existing law which prohibits the operator of a taxicab business from employing a driver unless the driver is in possession of the required health certificate.
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 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before applying to a taxicab motor carrier for employment or a contract or lease as a driver of a taxicab, a person must obtain a medical examiners certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada.
κ2013 Statutes of Nevada, Page 657 (CHAPTER 185, SB 335)κ
examiners certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada. The prospective driver must provide a copy of the certificate to the taxicab motor carrier.
2. A medical examiner shall issue the certificate and copies described in subsection 1 if the medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.
3. The certificate described in subsection 1 must state that the medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the medical examiner.
4. The medical examiners certificate required by this section expires 2 years after the date of issuance and may be renewed.
5. As used in this section, medical examiner means a physician, as defined in NRS 0.040, or a chiropractic physician licensed pursuant to chapter 634 of NRS.
Sec. 2. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 706.158 is hereby amended to read as follows:
706.158 The provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act relating to brokers do not apply to any person whom the Authority determines is:
1. A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;
2. A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or
3. A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.
Sec. 4. NRS 706.163 is hereby amended to read as follows:
706.163 The provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act do not apply to vehicles leased to or owned by:
1. The Federal Government or any instrumentality thereof.
2. Any state or a political subdivision thereof.
Sec. 5. NRS 706.2885 is hereby amended to read as follows:
706.2885 1. A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.
2. The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act for a period not to exceed 60 days.
3. Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantees interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.
κ2013 Statutes of Nevada, Page 658 (CHAPTER 185, SB 335)κ
license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.
4. The proceedings thereafter are governed by the provisions of chapter 233B of NRS.
Sec. 6. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act do not apply to:
(a) The transportation by a contractor licensed by the State Contractors Board of the contractors own equipment in the contractors own vehicles from job to job.
(b) Any person engaged in transporting the persons own personal effects in the persons own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(f) A private motor carrier of property which is used to attend livestock shows and sales.
(g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.
2. Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.
(b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173.
3. The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:
(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers permits and to regulate rates, routes and services apply only to fully regulated carriers.
(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the persons actual operation as prescribed in this chapter, computed from the date when that operation began.
κ2013 Statutes of Nevada, Page 659 (CHAPTER 185, SB 335)κ
to any other penalties provided in this chapter, for the fee appropriate to the persons actual operation as prescribed in this chapter, computed from the date when that operation began.
5. As used in this section, private school means a nonprofit private elementary or secondary educational institution that is licensed in this State.
Sec. 7. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;
(d) Fails to obey any order, decision or regulation of the Authority or the Department;
(e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;
(f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
Κ without including the number of the persons certificate of public convenience and necessity or contract carriers permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,
Κ is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ2013 Statutes of Nevada, Page 660 (CHAPTER 185, SB 335)κ
2. Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
(a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
(b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
3. Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.
4. If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.
5. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
6. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 8. NRS 706.8842 is hereby amended to read as follows:
706.8842 1. Before applying to a certificate holder for employment as a driver, a person must obtain a [physicians] medical examiners certificate with two copies thereof from a [physician] medical examiner who is licensed to practice in the State of Nevada.
2. A [physician] medical examiner shall issue the certificate and copies described in subsection 1 if the [physician] medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.
3. The certificate described in subsection 1 must state that the [physician] medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the [physician.] medical examiner.
4. The [physicians] medical examiners certificate required by this section expires 2 years after the date of issuance and may be renewed.
5. As used in this section, medical examiner means a physician, as defined in NRS 0.040, or a chiropractic physician licensed pursuant to chapter 634 of NRS.
Sec. 9. NRS 706.8843 is hereby amended to read as follows:
706.8843 1. A certificate holder shall not employ a driver unless the driver has obtained and has on the drivers person:
κ2013 Statutes of Nevada, Page 661 (CHAPTER 185, SB 335)κ
(a) A valid drivers license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive;
(b) A copy of a [physicians] medical examiners certificate obtained pursuant to NRS 706.8842; and
(c) A drivers permit issued by the Administrator pursuant to rules and regulations of the Taxicab Authority.
2. A certificate holder shall, at the time the certificate holder employs a driver, provide the driver with a complete copy of the rules and regulations described in NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations as may be adopted by the Taxicab Authority, and require the driver to sign a statement that the driver has received a copy of the regulations and has read and familiarized himself or herself with the contents thereof.
Sec. 10. This act becomes effective on January 1, 2014.
________
Senate Bill No. 338Senators Cegavske, Hutchison, Denis, Spearman, Segerblom; Atkinson, Brower, Ford, Goicoechea, Gustavson, Hammond, Hardy, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Settelmeyer, Smith and Woodhouse
Joint Sponsors: Assemblymen Fiore, Carrillo; Grady, Hickey and Kirkpatrick
CHAPTER 186
[Approved: May 27, 2013]
AN ACT relating to mental health; changing the term mental retardation to intellectual disability and related terms in a similar manner in the Nevada Revised Statutes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that it is the policy of this State that persons with intellectual disabilities and persons with related conditions are referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability. (NRS 435.009) Existing law also establishes that the term persons with intellectual disabilities is preferred and that the terms mental retardation and mentally retarded are not preferred. (NRS 220.125) Sections 1-119 of this bill replace the term mental retardation with intellectual disability, replace the term mentally retarded with intellectually disabled and change other similar words and terms in a similar manner. These changes are intended to mirror changes made by the federal law commonly cited as Rosas Law. (Pub. L. No. 111-256) Section 120 of this bill provides that the amendatory provisions of this bill shall be construed as nonsubstantative and that it is not the intent of the Nevada Legislature to modify any existing application, construction or interpretation of any statute which has been so amended.
κ2013 Statutes of Nevada, Page 662 (CHAPTER 186, SB 338)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. NRS 433.003 is hereby amended to read as follows:
433.003 The Legislature hereby declares that it is the intent of this title:
1. To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or [mental retardation] intellectual disability or a related condition, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and
2. To charge the Division of Mental and Developmental Services, and the Division of Child and Family Services, of the Department with recognizing their duty to act in the best interests of their respective consumers by placing them in the least restrictive environment.
Sec. 2. NRS 433.014 is hereby amended to read as follows:
433.014 Administrative officer means a person with overall executive and administrative responsibility for those state or nonstate mental health or [mental retardation] intellectual disability facilities designated by the Administrator.
Sec. 3. NRS 433.134 is hereby amended to read as follows:
433.134 Medical director means the chief medical officer of any division mental health or [mental retardation] intellectual disability program.
Sec. 4. NRS 433.174 is hereby amended to read as follows:
433.174 [Mental retardation] Intellectual disability means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
Sec. 5. NRS 433.184 is hereby amended to read as follows:
433.184 [Mental retardation] Intellectual disability center means an organized program for providing appropriate services and treatment to persons with [mental retardation] intellectual disabilities and persons with related conditions. [A mental retardation] An intellectual disability center may include facilities for residential treatment and training.
Sec. 6. NRS 433.211 is hereby amended to read as follows:
433.211 Persons with related conditions means persons who have a severe, chronic disability which:
1. Is attributable to:
(a) Cerebral palsy or epilepsy; or
(b) Any other condition, other than mental illness, found to be closely related to [mental retardation] an intellectual disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a person with [mental retardation] an intellectual disability and requires treatment or services similar to those required by a person with [mental retardation;] an intellectual disability;
2. Is manifested before the person affected attains the age of 22 years;
3. Is likely to continue indefinitely; and
4. Results in substantial functional limitations in three or more of the following areas of major life activity:
κ2013 Statutes of Nevada, Page 663 (CHAPTER 186, SB 338)κ
(a) Taking care of oneself;
(b) Understanding and use of language;
(c) Learning;
(d) Mobility;
(e) Self-direction; and
(f) Capacity for independent living.
Sec. 7. NRS 433.214 is hereby amended to read as follows:
433.214 Training means a program of services directed primarily toward enhancing the health, welfare and development of persons with [mental retardation] intellectual disabilities and persons with related conditions through the process of providing those experiences that will enable the person to:
1. Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;
2. Live in an environment that is conducive to personal dignity; and
3. Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
Sec. 8. NRS 433.233 is hereby amended to read as follows:
433.233 1. The division facilities providing mental health services are designated as:
(a) Northern Nevada Adult Mental Health Services;
(b) Southern Nevada Adult Mental Health Services;
(c) Rural clinics; and
(d) Lakes Crossing Center.
2. The division facilities providing services for persons with [mental retardation] intellectual disabilities and persons with related conditions are designated as:
(a) Desert Regional Center;
(b) Sierra Regional Center; and
(c) Rural Regional Center.
3. Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.
Sec. 9. NRS 433.244 is hereby amended to read as follows:
433.244 1. The Administrator must have:
(a) Training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration; and
(b) Administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of persons with mental illness or [mental retardation] intellectual disabilities and persons with related conditions.
2. The Administrator is in the unclassified service of the State.
Sec. 10. NRS 433.279 is hereby amended to read as follows:
433.279 1. The Division shall carry out a vocational and educational program for the certification of [mental health-mental retardation] mental health-intellectual disability technicians, including forensic technicians:
(a) Employed by the Division, or other employees of the Division who perform similar duties, but are classified differently.
(b) Employed by the Division of Child and Family Services of the Department.
κ2013 Statutes of Nevada, Page 664 (CHAPTER 186, SB 338)κ
Κ The program must be carried out in cooperation with the Nevada System of Higher Education.
2. A [mental health-mental retardation] mental health-intellectual disability technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a [mental health-mental retardation] mental health-intellectual disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The Division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, [mental health-mental retardation] mental health-intellectual disability technician means an employee of the Division of Mental Health and Developmental Services or the Division of Child and Family Services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with mental illness or [mental retardation,] intellectual disabilities, persons who are emotionally disturbed and persons with related conditions, and who has direct responsibility for:
(a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.
Sec. 11. NRS 433.314 is hereby amended to read as follows:
433.314 The Commission shall:
1. Establish policies to ensure adequate development and administration of services for persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions, including services to prevent mental illness, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions, and services provided without admission to a facility or institution;
2. Set policies for the care and treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions provided by all state agencies;
3. Review the programs and finances of the Division; and
4. Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature on the quality of the care and treatment provided for persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions in this State and on any progress made toward improving the quality of that care and treatment.
κ2013 Statutes of Nevada, Page 665 (CHAPTER 186, SB 338)κ
Sec. 12. NRS 433.316 is hereby amended to read as follows:
433.316 The Commission may:
1. Collect and disseminate information pertaining to mental health, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions.
2. Request legislation pertaining to mental health, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions.
3. Investigate complaints about the care of any person in a public facility for the treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions.
4. Accept, as authorized by the Legislature, gifts and grants of money and property.
5. Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions provided through state agencies, hospitals and clinics.
6. Promote programs for the treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions and participate in and promote the development of facilities for training persons to provide services for persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions.
7. Create a plan to coordinate the services for the treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions provided in this State and to provide continuity in the care and treatment provided.
8. Establish and maintain an appropriate program which provides information to the general public concerning mental illness, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions and consider ways to involve the general public in the decisions concerning the policy on mental illness, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions.
9. Compile statistics on mental illness and study the cause, pathology and prevention of that illness.
10. Establish programs to prevent or postpone the commitment of residents of this State to facilities for the treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions.
11. Evaluate the future needs of this State concerning the treatment of mental illness, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions and develop ways to improve the treatment already provided.
12. Take any other action necessary to promote mental health in this State.
Sec. 13. NRS 433.318 is hereby amended to read as follows:
433.318 1. The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and related conditions and who, to the extent practicable, represent the ethnic and geographic diversity of this State.
κ2013 Statutes of Nevada, Page 666 (CHAPTER 186, SB 338)κ
2. A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.
3. The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
Sec. 14. NRS 433.324 is hereby amended to read as follows:
433.324 1. The Commission shall adopt regulations:
(a) For the care and treatment of persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions by all state agencies and facilities, and their referral to private facilities;
(b) To ensure continuity in the care and treatment provided to persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions in this State; and
(c) Necessary for the proper and efficient operation of the facilities of the Division.
2. The Commission may adopt regulations to promote programs relating to mental health, [mental retardation] intellectual disabilities and co-occurring disorders and related conditions.
Sec. 15. NRS 433.325 is hereby amended to read as follows:
433.325 The Commission or its designated agent may inspect any state facility providing services for persons with mental illness, [mental retardation] intellectual disabilities or co-occurring disorders and persons with related conditions to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant to those provisions.
Sec. 16. NRS 433.334 is hereby amended to read as follows:
433.334 The Division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of consumers with mental illness or [mental retardation] intellectual disabilities and consumers with related conditions.
Sec. 17. NRS 433.344 is hereby amended to read as follows:
433.344 The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for persons with mental illness or [mental retardation] intellectual disabilities and persons with related conditions when it appears that they can be treated best in that manner.
Sec. 18. NRS 433.395 is hereby amended to read as follows:
433.395 1. Upon approval of the Director of the Department, the Administrator may accept:
(a) Donations of money and gifts of real or personal property; and
(b) Grants of money from the Federal Government,
Κ for use in public or private programs that provide services to persons in this State with mental illness or [mental retardation] intellectual disabilities and persons with related conditions.
2. The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with mental illness or [mental retardation] intellectual disabilities and persons with related conditions in a manner that supports the plan to coordinate services created by the Commission pursuant to subsection 7 of NRS 433.316.
κ2013 Statutes of Nevada, Page 667 (CHAPTER 186, SB 338)κ
persons with related conditions in a manner that supports the plan to coordinate services created by the Commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the Administrator shall make disbursements to programs that will maximize the benefit provided to persons with mental illness or [mental retardation] intellectual disabilities and persons with related conditions in consideration of the nature and value of the donation, gift or grant.
3. Within limits of legislative appropriations or other available money, the Administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.
Sec. 19. NRS 433.404 is hereby amended to read as follows:
433.404 1. The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to consumers with [mental retardation] intellectual disabilities and related conditions.
2. For a facility providing services for the treatment of persons with mental illness or [mental retardation] intellectual disabilities and persons with related conditions, the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.
Sec. 20. NRS 433.424 is hereby amended to read as follows:
433.424 A mental health and [mental retardation] intellectual disability center revolving account up to the amount of $5,000 is hereby created for each division mental health and [mental retardation] intellectual disability center, and may be used for the payment of mental health or [mental retardation] intellectual disability center bills requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective mental health or [mental retardation] intellectual disability centers on claims as other claims against the State are paid.
Sec. 21. NRS 433.444 is hereby amended to read as follows:
433.444 1. For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of this title, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to a mental health or [mental retardation] intellectual disability facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of this title governing admissions to a division facility.
κ2013 Statutes of Nevada, Page 668 (CHAPTER 186, SB 338)κ
2. The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.
Sec. 22. NRS 433.458 is hereby amended to read as follows:
433.458 Administrative officer means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health or [mental retardation] intellectual disabilities and related conditions and that is operated by any public or private entity.
Sec. 23. NRS 433.494 is hereby amended to read as follows:
433.494 1. An individualized written plan of mental health or [mental retardation] intellectual disability services or plan of services for a related condition must be developed for each consumer of each facility. The plan must:
(a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and
(b) Be developed with the input and participation of:
(1) The consumer, to the extent that he or she is able to provide input and participate; and
(2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated mentally incompetent.
2. The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.
3. The person in charge of implementing the plan of services must be designated in the plan.
Sec. 24. NRS 433A.012 is hereby amended to read as follows:
433A.012 Administrative officer means a person with overall executive and administrative responsibility for those state or nonstate facilities for mental health or [mental retardation] intellectual disabilities designated by the Administrator.
Sec. 25. NRS 433A.020 is hereby amended to read as follows:
433A.020 The administrative officer of a facility of the Division must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of persons with mental illness or [mental retardation] intellectual disabilities and persons with related conditions.
3. Have additional qualifications which are in accordance with criteria prescribed by the Division of Human Resource Management of the Department of Administration.
Sec. 26. NRS 433A.115 is hereby amended to read as follows:
433A.115 1. As used in NRS 433A.115 to 433A.330, inclusive, unless the context otherwise requires, person with mental illness means any person whose capacity to exercise self-control, judgment and discretion in the conduct of the persons affairs and social relations or to care for his or her personal needs is diminished, as a result of a mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others, but does not include any person in whom that capacity is diminished by epilepsy, [mental retardation,] intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
κ2013 Statutes of Nevada, Page 669 (CHAPTER 186, SB 338)κ
in the conduct of the persons affairs and social relations or to care for his or her personal needs is diminished, as a result of a mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others, but does not include any person in whom that capacity is diminished by epilepsy, [mental retardation,] intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
2. A person presents a clear and present danger of harm to himself or herself if, within the immediately preceding 30 days, the person has, as a result of a mental illness:
(a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, the person will be unable to satisfy his or her need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that the persons death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he or she is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to the person;
(b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that the person will commit suicide unless he or she is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to the person; or
(c) Mutilated himself or herself, attempted or threatened to mutilate himself or herself or committed acts in furtherance of a threat to mutilate himself or herself, and if there exists a reasonable probability that he or she will mutilate himself or herself unless the person is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to the person.
3. A person presents a clear and present danger of harm to others if, within the immediately preceding 30 days, the person has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he or she will do so again unless the person is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to him or her.
Sec. 27. NRS 435.005 is hereby amended to read as follows:
435.005 Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the Division offering services to persons with [mental retardation] intellectual disabilities and persons with related conditions.
Sec. 28. NRS 435.007 is hereby amended to read as follows:
435.007 As used in this chapter, unless the context otherwise requires:
1. Child means any person under the age of 18 years who may be eligible for [mental retardation] intellectual disability services or services for a related condition.
2. Parent means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.
κ2013 Statutes of Nevada, Page 670 (CHAPTER 186, SB 338)κ
3. Person includes a child and any other consumer with [mental retardation] an intellectual disability or a related condition who has attained the age of 18 years.
4. Residential facility for groups means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.
Sec. 29. NRS 435.010 is hereby amended to read as follows:
435.010 1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the children with [mental retardation] intellectual disabilities and children with related conditions of their respective counties.
2. For that purpose, they are empowered to make all necessary contracts and agreements to carry out the provisions of this section and NRS 435.020 and 435.030. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.
3. The provisions of this section and NRS 435.020 and 435.030 supplement the services which other political subdivisions or agencies of the State are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.
Sec. 30. NRS 435.020 is hereby amended to read as follows:
435.020 All children with [mental retardation] intellectual disabilities and children with related conditions are entitled to benefits under this section and NRS 435.010 and 435.030:
1. Who are unable to pay for their support and care;
2. Whose parents, relatives or guardians are unable to pay for their support and care; and
3. If division facilities are to be utilized, whom the Division recognizes as proper subjects for services within such division facilities.
Sec. 31. NRS 435.030 is hereby amended to read as follows:
435.030 1. A parent, relative, guardian or nearest friend of any child with [mental retardation] an intellectual disability or any child with a related condition who is a resident of this State may file with the board of county commissioners of the proper county an application under oath stating:
(a) That the child meets the criteria set forth in NRS 435.020; and
(b) That the child requires services not otherwise required by law to be provided to the child by any other county, political subdivision or agency of this or any other state.
2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.
3. The board of county commissioners shall make necessary arrangements for the transportation of a child with [mental retardation] an intellectual disability or a child with a related condition to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.
4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or facility in or without the State of Nevada under contract with the board of county commissioners to receive any such child.
κ2013 Statutes of Nevada, Page 671 (CHAPTER 186, SB 338)κ
Sec. 32. NRS 435.060 is hereby amended to read as follows:
435.060 The Division may operate a residential facility for groups to care for and maintain persons with [mental retardation] intellectual disabilities and persons with related conditions until they can live in a more normal situation.
Sec. 33. NRS 435.077 is hereby amended to read as follows:
435.077 1. The Administrator shall adopt regulations for the transfer of persons with [mental retardation] intellectual disabilities and persons with related conditions from one facility to another facility operated by the Division.
2. Subject to the provisions of subsection 3, when the [Associate] Administrator [for Mental Retardation] or his or her designee determines that it is in the best interest of the person, the [Associate] Administrator or his or her designee may discharge, or place on convalescent leave, any person with [mental retardation] an intellectual disability or person with a related condition in a facility operated by the Division.
3. When a person with [mental retardation] an intellectual disability or a person with a related condition is committed to a division facility by court order, the committing court must be given 10 days notice before the discharge of that person.
Sec. 34. NRS 435.081 is hereby amended to read as follows:
435.081 1. The Administrator or the Administrators designee may receive a person with [mental retardation] an intellectual disability or a person with a related condition of this State for services in a facility operated by the Division if:
(a) The person is a person with [mental retardation] an intellectual disability as defined in NRS 433.174 or is a person with a related condition and is in need of institutional training and treatment;
(b) Space is available which is designed and equipped to provide appropriate care for the person;
(c) The facility has or can provide an appropriate program of training and treatment for the person; and
(d) There is written evidence that no less restrictive alternative is available in the persons community.
2. A person with [mental retardation] an intellectual disability or a person with a related condition may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
3. A court may order that a person with [mental retardation] an intellectual disability or a person with a related condition be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period, the Division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received, cared for and examined at a division facility for [the mentally retarded] persons with intellectual disabilities for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of NRS 62E.280 and subsection 1 of NRS 432B.560.
κ2013 Statutes of Nevada, Page 672 (CHAPTER 186, SB 338)κ
provisions of NRS 62E.280 and subsection 1 of NRS 432B.560. At the end of the 10 days, the Administrator or the Administrators designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the Administrators report.
5. The parent or guardian of a person believed to be a person with [mental retardation] an intellectual disability or a person with a related condition may apply to the administrative officer of a division facility to have the person evaluated by personnel of the Division who are experienced in the diagnosis of [mental retardation] intellectual disabilities and related conditions. The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself or herself if the person has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, the administrative officer may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
Sec. 35. NRS 435.085 is hereby amended to read as follows:
435.085 The administrative officer of a division facility may authorize the transfer of a person with [mental retardation] an intellectual disability or a person with a related condition to a general hospital for necessary diagnostic, medical or surgical services not available within the Division. All expenses incurred under this section must be paid as follows:
1. In the case of a person with [mental retardation] an intellectual disability who is judicially committed or a person with a related condition who is judicially committed, the expenses must be paid by the persons parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with [mental retardation] an intellectual disability or the person with a related condition;
2. In the case of a person with [mental retardation] an intellectual disability or a person with a related condition admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and
3. In the case of a person with [mental retardation] an intellectual disability or a person with a related condition admitted to a division facility upon voluntary application as provided in NRS 435.081, the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and for the remainder, if any, the Administrator shall explore all reasonable alternative sources of payment.
Sec. 36. NRS 435.090 is hereby amended to read as follows:
435.090 1. When any child with [mental retardation] an intellectual disability or a child with a related condition is committed to a division facility by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of the child regarding the ability of the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of the child while residing in the facility.
κ2013 Statutes of Nevada, Page 673 (CHAPTER 186, SB 338)κ
parent, parents or guardian of the child regarding the ability of the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of the child while residing in the facility.
2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.
3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from the estate.
4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
Sec. 37. NRS 435.100 is hereby amended to read as follows:
435.100 1. When any person with [mental retardation] an intellectual disability or a person with a related condition is transferred from one care facility operated by the Division to another care facility operated by the Division, the parent, parents or guardian shall continue to contribute the amount for the care, support and maintenance of the person as may have previously been ordered by the court of competent jurisdiction committing the person.
2. If no such order was entered by the committing court, the Division may petition the court for an order requiring the parent, parents or guardian to contribute.
3. Any order for contribution entered under the provisions of subsection 2 must be entered in the same manner and has the same effect as an order for contribution entered under the provisions of NRS 435.090.
Sec. 38. NRS 435.110 is hereby amended to read as follows:
435.110 1. When any child with [mental retardation] an intellectual disability or a child with a related condition is admitted to a facility operated by the Division at the request of a parent, parents or guardian, the parent, parents or guardian shall enter into an agreement with the Division providing for the contribution of an amount for the care, support and maintenance of the child as determined by the Division to be reasonable. In determining the amount, the Division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.
2. If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
3. If the Division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of the child, but that the estate of the child is able to contribute, the Division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of the child, if there is none, and for an order requiring the guardian to contribute an amount as determined by the court.
Sec. 39. NRS 435.115 is hereby amended to read as follows:
435.115 The Administrator shall establish a fee schedule, in consultation with the State Association for Retarded Citizens and subject to the approval of the Board and the Director of the Department, for services rendered to persons with [mental retardation] intellectual disabilities and persons with related conditions by the Division.
κ2013 Statutes of Nevada, Page 674 (CHAPTER 186, SB 338)κ
rendered to persons with [mental retardation] intellectual disabilities and persons with related conditions by the Division.
Sec. 40. NRS 435.120 is hereby amended to read as follows:
435.120 Any money collected by the Division under NRS 435.060 to 435.110, inclusive, must be deposited in the State Treasury, accounted for separately by the Division and must be expended for the augmentation of the [mental retardation] intellectual disability residential placement function, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 41. NRS 435.121 is hereby amended to read as follows:
435.121 1. There are two types of admissions of persons with [mental retardation] intellectual disabilities or persons with related conditions to [a mental retardation] an intellectual disability center:
(a) Voluntary admission.
(b) Involuntary admission.
2. An application for admission of a person with [mental retardation] an intellectual disability or a person with a related condition to [a mental retardation] an intellectual disability center must be made on a form approved by the Division and the Attorney General. The clerk of each district court in the State shall make the forms available to any person upon request.
Sec. 42. NRS 435.122 is hereby amended to read as follows:
435.122 1. Any person with [mental retardation] an intellectual disability or a person with a related condition may apply to any [mental retardation] intellectual disability center for admission as a voluntary consumer. The persons parent or guardian or another responsible person may submit the application on his or her behalf.
2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.
Sec. 43. NRS 435.123 is hereby amended to read as follows:
435.123 Whenever a person is alleged to be a person with [mental retardation] an intellectual disability or a person with a related condition and is alleged to be a clear and present danger to himself or herself or others, the persons parent or guardian or another responsible person may initiate proceedings for his or her involuntary admission to [a mental retardation] an intellectual disability center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of [mental retardation] intellectual disabilities and related conditions stating that he or she has examined the person within the preceding 30 days and has concluded that the person is a person with [mental retardation] an intellectual disability or is a person with a related condition, has demonstrated that the person is a clear and present danger to himself or herself or to others and is in need of institutional training and treatment.
Sec. 44. NRS 435.124 is hereby amended to read as follows:
435.124 Immediately after receiving the petition, the clerk of the district court shall transmit the petition to the district judge, who shall:
1. Determine whether appropriate space and programs are available for the person at the [mental retardation] intellectual disability center to which it is proposed that the person be admitted; and
2. If appropriate space and programs are available, set a time and place for a hearing on the petition.
κ2013 Statutes of Nevada, Page 675 (CHAPTER 186, SB 338)κ
Κ The hearing must be held within 7 calendar days after the date when the petition was filed. The clerk of the court shall give notice of the hearing to the person who is the subject of the petition, the persons attorney, if known, the petitioner and the administrative officer of the [mental retardation] intellectual disability center to which it is proposed that the person be admitted.
Sec. 45. NRS 435.125 is hereby amended to read as follows:
435.125 1. After the petition is filed, the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the [mental retardation] intellectual disability center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of [mental retardation] intellectual disabilities and related conditions. The examination or evaluation must indicate whether the person is or is not a person with [mental retardation] an intellectual disability or a person with a related condition and whether the person is or is not in need of institutional training and treatment.
2. The court may allow the person alleged to be a person with [mental retardation] an intellectual disability or a person with a related condition to remain at his or her place of residence pending any ordered examination and to return upon completion of the examination. One or more of the persons relatives or friends may accompany the person to the place of examination.
Sec. 46. NRS 435.126 is hereby amended to read as follows:
435.126 1. The person alleged to be a person with [mental retardation] an intellectual disability or a person with a related condition, or any relative or friend acting on the persons behalf, is entitled to retain counsel to represent him or her in any proceeding before the district court relating to his or her involuntary admission to [a mental retardation] an intellectual disability center.
2. If counsel has not been retained, the court, before proceeding, shall advise the person and the persons guardian, or closest living relative if such a relative can be located, of the persons right to have counsel.
3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent the person. If the person is indigent, the counsel appointed may be the public defender.
4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with [mental retardation] an intellectual disability or a person with a related condition last resided.
Sec. 47. NRS 435.127 is hereby amended to read as follows:
435.127 In proceedings for involuntary admission of a person to [a mental retardation] an intellectual disability center:
1. The court shall hear and consider all relevant evidence, including the certificate, signed by a physician or licensed psychologist, which accompanied the petition and the testimony of persons who conducted examinations or evaluations ordered by the court after the petition was filed.
κ2013 Statutes of Nevada, Page 676 (CHAPTER 186, SB 338)κ
2. The person must be present and has the right to testify, unless the physician or licensed psychologist who signed the certificate, or who examined the person as ordered by the court, is present and testifies that the person is so severely disabled that he or she is unable to be present.
3. The person may obtain independent evaluation and expert opinion at his or her own expense, and may summon other witnesses.
Sec. 48. NRS 435.128 is hereby amended to read as follows:
435.128 1. Upon completion of the proceedings for involuntary admission of a person to [a mental retardation] an intellectual disability center, if the court finds:
(a) That the person is a person with [mental retardation] an intellectual disability or a person with a related condition, has demonstrated that the person is a clear and present danger to himself or herself or others and is in need of institutional training and treatment;
(b) That appropriate space and programs are available at the [mental retardation] intellectual disability center to which it is proposed that the person be admitted; and
(c) That there is no less restrictive alternative to admission to [a mental retardation] an intellectual disability center which would be consistent with the best interests of the person,
Κ the court shall by written order certify that the person is eligible for involuntary admission to [a mental retardation] an intellectual disability center.
2. A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the consumer has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the [mental retardation] intellectual disability center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.
Sec. 49. NRS 435.129 is hereby amended to read as follows:
435.129 1. If the administrative officer of [a mental retardation] an intellectual disability center finds that a consumer is no longer in need of the services offered at the center, the administrative officer shall discharge that consumer.
2. A written notice of the discharge must be given to the consumer and the consumers representatives at least 10 days before the discharge.
3. If the consumer was admitted involuntarily, the Administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the persons admission.
Sec. 50. NRS 435.130 is hereby amended to read as follows:
435.130 The intent of the Legislature in the enactment of NRS 435.130 to 435.310, inclusive, is to aid persons with [mental retardation] intellectual disabilities and persons with related conditions who are not served by existing programs in receiving high quality care and training in an effort to help them become useful citizens.
Sec. 51. NRS 435.176 is hereby amended to read as follows:
435.176 Jobs and day training services means individualized services for day habilitation, prevocational, employment and supported employment:
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1. Which are provided:
(a) For compensation;
(b) In a division facility or in the community; and
(c) To a person with [mental retardation] an intellectual disability or a person with a related [conditions] condition who is served by the Division; and
2. Which are designed to assist the person in:
(a) Learning or maintaining skills;
(b) Succeeding in paid or unpaid employment;
(c) Increasing self-sufficiency, including, without limitation, training and habilitation services; and
(d) Contributing to the persons community.
Sec. 52. NRS 435.310 is hereby amended to read as follows:
435.310 A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with [mental retardation] intellectual disabilities and persons with related conditions who would also qualify for care or training programs offered by the public schools or by county welfare programs.
Sec. 53. NRS 435.3315 is hereby amended to read as follows:
435.3315 Supported living arrangement services means flexible, individualized services provided in the home, for compensation, to a person with [mental retardation] an intellectual disability or a person with a related condition who is served by the Division that are designed and coordinated to assist the person in maximizing the persons independence, including, without limitation, training and habilitation services.
Sec. 54. NRS 435.340 is hereby amended to read as follows:
435.340 Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter may be construed as depriving a person with [mental retardation] an intellectual disability or a person with a related condition of the persons full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incompetency wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.
Sec. 55. NRS 435.350 is hereby amended to read as follows:
435.350 1. Each person with [mental retardation] an intellectual disability and each person with a related condition admitted to a division facility is entitled to all rights enumerated in NRS 433.482, 433.484 and 433.545 to 433.551, inclusive.
2. The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with [mental retardation] intellectual disabilities and persons with related conditions. The person designated shall file the regulations with the Administrator.
3. Consumers rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the consumers treatment record, and notice of the denial must be forwarded to the Administrators designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.
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4. Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrators designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission.
5. The Commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.
Sec. 56. NRS 435.360 is hereby amended to read as follows:
435.360 1. The relatives of a consumer with [mental retardation] an intellectual disability or a consumer with a related condition who is 18 years of age or older are not responsible for the costs of the consumers care and treatment within a division facility.
2. The consumer or the consumers estate, when able, may be required to contribute a reasonable amount toward the costs of the consumers care and treatment. Otherwise, the full costs of the services must be borne by the State.
Sec. 57. NRS 435.365 is hereby amended to read as follows:
435.365 1. To the extent that money is available for that purpose, whenever a person with [mental retardation] an intellectual disability or a related condition is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:
(a) The person with [mental retardation] an intellectual disability or a related condition has been diagnosed as having a profound or severe [mental retardation] intellectual disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe [mental retardation] intellectual disability or a related condition;
(b) The person with [mental retardation] an intellectual disability or a related condition is receiving adequate care; and
(c) The person with [mental retardation] an intellectual disability or a related condition and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support.
Κ The amount of the assistance must be established by legislative appropriation for each fiscal year.
2. The Division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The Division shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.
4. The decision of the Division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Sec. 58. NRS 435.370 is hereby amended to read as follows:
435.370 The Division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for persons with [mental retardation] intellectual disabilities and persons with related conditions.
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implement residential placement-foster family care programs for persons with [mental retardation] intellectual disabilities and persons with related conditions.
Sec. 59. NRS 435.380 is hereby amended to read as follows:
435.380 1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of those provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the State Treasury to the credit of the [Mental Retardation] Intellectual Disability Gift Account in the Department of Health and Human Services Gift Fund.
3. All claims must be approved by the Administrator before they are paid.
Sec. 60. NRS 435.390 is hereby amended to read as follows:
435.390 1. The administrative officer of any division facility where persons with [mental retardation] intellectual disabilities or persons with related conditions reside may establish a canteen operated for the benefit of consumers and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.
2. Each canteen must be self-supporting. No money provided by the State may be used for its operation.
3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.
Sec. 61. NRS 436.110 is hereby amended to read as follows:
436.110 The Legislature declares that the purposes of this chapter are:
1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to persons with [mental retardation] intellectual disabilities and persons with related conditions, through locally controlled community mental health programs.
2. To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals be rendered only upon voluntary application.
Sec. 62. NRS 436.150 is hereby amended to read as follows:
436.150 The county board shall:
1. Review and evaluate communities needs, services, facilities and special problems in the fields of mental health and [mental retardation] intellectual disabilities and related conditions.
2. Advise the governing body as to programs of community mental health services and facilities and services to persons with [mental retardation] intellectual disabilities and persons with related conditions, and, when requested by the governing body, make recommendation regarding the appointment of a county director.
3. After adoption of a program, continue to act in an advisory capacity to the county director.
Sec. 63. NRS 436.170 is hereby amended to read as follows:
436.170 The county director shall:
1. Serve as chief executive officer of the county program and be accountable to the county board.
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2. Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to persons with [mental retardation] intellectual disabilities and persons with related conditions, except as administrative responsibility is otherwise provided for in this title.
3. Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.
4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge of his or her duties, including the control and prevention of psychiatric disorders and the treatment of [mental retardation] intellectual disabilities and related conditions.
Sec. 64. NRS 436.230 is hereby amended to read as follows:
436.230 Expenditures made by counties for county programs, including services to persons with [mental retardation] intellectual disabilities and persons with related conditions, pursuant to this chapter, must be reimbursed by the State pursuant to NRS 436.240 to 436.320, inclusive.
Sec. 65. NRS 436.240 is hereby amended to read as follows:
436.240 1. A service operated within a county program must be directed to at least one of the following mental health areas:
(a) Mental illness;
(b) [Mental retardation] Intellectual disabilities and related conditions;
(c) Organic brain and other neurological impairment;
(d) Alcoholism; and
(e) Drug abuse.
2. A service is any of the following:
(a) Diagnostic service;
(b) Emergency service;
(c) Inpatient service;
(d) Outpatient or partial hospitalization service;
(e) Residential, sheltered or protective care service;
(f) Habilitation or rehabilitation service;
(g) Prevention, consultation, collaboration, education or information service; and
(h) Any other service approved by the Division.
Sec. 66. NRS 436.270 is hereby amended to read as follows:
436.270 1. Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 436.230 to 436.260, inclusive, must be allotted to the governing body as follows:
(a) The State shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 436.250 if the county has complied with the provisions of paragraph (b).
(b) Before payment under this subsection, the governing body of a county must submit evidence to the Administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.
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2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to persons with [mental retardation] intellectual disabilities and persons with related conditions in the State of Nevada must be disbursed through the Division in accordance with the provisions of this chapter and rules and regulations adopted in accordance therewith.
Sec. 67. NRS 436.310 is hereby amended to read as follows:
436.310 Fees for mental health services, including services to persons with [mental retardation] intellectual disabilities and persons with related conditions, rendered pursuant to an approved county plan must be charged in accordance with ability to pay, but not in excess of actual cost.
Sec. 68. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided by specific statute or required by the context, intellectual disability and any variation of that term:
1. Means a condition previously referred to as mental retardation, mentally retarded and any variation of that term;
2. Has the same meaning as a condition previously referred to as mental retardation, mentally retarded and any variation of that term with respect to rights and responsibilities of persons with such a condition and eligibility or qualification of persons with such a condition for any program, benefit or otherwise; and
3. Must be interpreted to have the same meaning for any judicial interpretation of any provision which previously referred to mental retardation, mentally retarded and any variation of that term.
Secs. 69 and 70. (Deleted by amendment.)
Sec. 71. NRS 41.1395 is hereby amended to read as follows:
41.1395 1. Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorneys fees and costs of the person who initiated the lawsuit.
3. The provisions of this section do not apply to a person who caused injury, death or loss to a vulnerable person if the person did not know or have reason to know that the harmed person was a vulnerable person.
4. For the purposes of this section:
(a) Abuse means willful and unjustified:
(1) Infliction of pain, injury or mental anguish; or
(2) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.
(b) Exploitation means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that persons money, assets or property; or
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vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that persons money, assets or property; or
(2) Convert money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that persons money, assets or property.
Κ As used in this paragraph, undue influence does not include the normal influence that one member of a family has over another.
(c) Neglect means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for such a persons care, to provide food, shelter, clothing or services within the scope of the persons responsibility or obligation, which are necessary to maintain the physical or mental health of the older person or vulnerable person. For the purposes of this paragraph, a person voluntarily assumes responsibility to provide care for an older or vulnerable person only to the extent that the person has expressly acknowledged the persons responsibility to provide such care.
(d) Older person means a person who is 60 years of age or older.
(e) Vulnerable person means a person who:
(1) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and
(2) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.
Κ The term includes, without limitation, a person who [is mentally retarded,] has an intellectual disability, a person who has a severe learning disability, a person who suffers from a severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.
Sec. 72. (Deleted by amendment.)
Sec. 73. NRS 62E.160 is hereby amended to read as follows:
62E.160 1. If it has been admitted or determined that a child is in need of supervision or in need of commitment to an institution for persons with [mental retardation] intellectual disabilities or mental illness and the child has been or will be placed outside the home of the child by court order:
(a) The juvenile court shall direct a probation officer or an authorized agency to prepare for the juvenile court a study and a written report concerning the child, the family of the child, the environment of the child and other matters relevant to the need for treatment or disposition of the case; and
(b) The agency which is charged with the care and custody of the child or the agency which has the responsibility for supervising the placement of the child shall file with the juvenile court a plan which includes:
(1) The social history of the child and the family of the child;
(2) The wishes of the child relating to the placement of the child;
(3) A statement of the conditions which require intervention by the juvenile court and whether the removal of the child from the home of the child was a result of a judicial determination that the childs continuation in the home would be contrary to the childs welfare;
(4) A statement of the harm which the child is likely to suffer as a result of the removal;
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(5) A discussion of the efforts made by the agency to avoid removing the child from the home of the child before the agency placed the child in foster care;
(6) The special programs available to the parent or guardian of the child which might prevent further harm to the child and the reason that each program is likely to be useful, and the overall plan of the agency to ensure that the services are available;
(7) A description of the type of home or institution in which the child could be placed, a plan for ensuring that the child would receive proper care and a description of the needs of the child; and
(8) A description of the efforts made by the agency to facilitate the return of the child to the home of the child or permanent placement of the child.
2. If there are indications that a child may be a person with [mental retardation] an intellectual disability or mental illness, the juvenile court may order the child to be examined at a suitable place by a physician, psychiatrist or psychologist before a hearing on the merits of the petition. The examinations made before a hearing or as part of the study provided for in subsection 1 must be conducted without admission to a hospital unless the juvenile court finds that placement in a hospital or other appropriate facility is necessary.
3. After a hearing, the juvenile court may order a parent or guardian of the child to be examined by a physician, psychiatrist or psychologist if:
(a) The ability of the parent or guardian to care for or supervise the child is at issue before the juvenile court; and
(b) The parent or guardian consents to the examination.
Sec. 74. (Deleted by amendment.)
Sec. 75. NRS 171.083 is hereby amended to read as follows:
171.083 1. If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault or a person authorized to act on behalf of a victim of a sexual assault files with a law enforcement officer a written report concerning the sexual assault, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.
2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.
3. If a victim of a sexual assault is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.
4. For the purposes of this section, a victim of a sexual assault is under a disability if the victim is insane, [mentally retarded,] intellectually disabled, mentally incompetent or in a medically comatose or vegetative state.
5. As used in this section, law enforcement officer means:
(a) A prosecuting attorney;
(b) A sheriff of a county or the sheriffs deputy;
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(c) An officer of a metropolitan police department or a police department of an incorporated city; or
(d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 76. NRS 174.098 is hereby amended to read as follows:
174.098 1. A defendant who is charged with murder of the first degree in a case in which the death penalty is sought may, not less than 10 days before the date set for trial, file a motion to declare that the defendant is [mentally retarded.] intellectually disabled.
2. If a defendant files a motion pursuant to this section, the court must:
(a) Stay the proceedings pending a decision on the issue of [mental retardation;] intellectual disability; and
(b) Hold a hearing within a reasonable time before the trial to determine whether the defendant is [mentally retarded.] intellectually disabled.
3. The court shall order the defendant to:
(a) Provide evidence which demonstrates that the defendant is [mentally retarded] intellectually disabled not less than 30 days before the date set for a hearing conducted pursuant to subsection 2; and
(b) Undergo an examination by an expert selected by the prosecution on the issue of whether the defendant is [mentally retarded] intellectually disabled at least 15 days before the date set for a hearing pursuant to subsection 2.
4. For the purpose of the hearing conducted pursuant to subsection 2, there is no privilege for any information or evidence provided to the prosecution or obtained by the prosecution pursuant to subsection 3.
5. At a hearing conducted pursuant to subsection 2:
(a) The court must allow the defendant and the prosecution to present evidence and conduct a cross-examination of any witness concerning whether the defendant is [mentally retarded;] intellectually disabled; and
(b) The defendant has the burden of proving by a preponderance of the evidence that the defendant is [mentally retarded.] intellectually disabled.
6. If the court determines based on the evidence presented at a hearing conducted pursuant to subsection 2 that the defendant is [mentally retarded,] intellectually disabled, the court must make such a finding in the record and strike the notice of intent to seek the death penalty. Such a finding may be appealed to the Supreme Court pursuant to NRS 177.015.
7. For the purposes of this section, [mentally retarded] intellectually disabled means significant subaverage general intellectual functioning which exists concurrently with deficits in adaptive behavior and manifested during the developmental period.
Sec. 77. NRS 175.552 is hereby amended to read as follows:
175.552 1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty or guilty but mentally ill of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:
(a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.
(b) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a jury impaneled for that purpose, as soon as practicable.
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(c) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted as soon as practicable before the judge who conducted the trial or who accepted the plea.
2. In a case in which the death penalty is not sought or in which a court has made a finding that the defendant is [mentally retarded] intellectually disabled and has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, the defendants attorney, if any, and the prosecuting attorney.
3. During the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to the sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the Constitution of the State of Nevada may be introduced. The State may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.
4. In a case in which the death penalty is not sought or in which a court has found the defendant to be [mentally retarded] intellectually disabled and has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.
Sec. 78. NRS 175.554 is hereby amended to read as follows:
175.554 In cases in which the death penalty is sought:
1. The court shall instruct the jury at the end of the penalty hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.
2. The jury shall determine:
(a) Whether an aggravating circumstance or circumstances are found to exist;
(b) Whether a mitigating circumstance or circumstances are found to exist; and
(c) Based upon these findings, whether the defendant should be sentenced to imprisonment for a definite term of 50 years, life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.
3. The jury may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
4. If a jury imposes a sentence of death, the jury shall render a written verdict signed by the foreman. The verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
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circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
5. If a sentence of death is imposed and a prior determination regarding [mental retardation] intellectual disability has not been made pursuant to NRS 174.098, the defendant may file a motion to set aside the penalty on the grounds that the defendant is [mentally retarded.] intellectually disabled. If such a motion is filed, the court shall conduct a hearing on that issue in the manner set forth in NRS 174.098. If the court determines pursuant to such a hearing that the defendant is [mentally retarded,] intellectually disabled, it shall set aside the sentence of death and order a new penalty hearing to be conducted. Either party may appeal such a determination to the Supreme Court pursuant to NRS 177.015.
Sec. 79. NRS 176.415 is hereby amended to read as follows:
176.415 The execution of a judgment of death must be stayed only:
1. By the State Board of Pardons Commissioners as authorized in Section 14 of Article 5 of the Constitution of the State of Nevada;
2. By the Governor if the Governor grants a reprieve pursuant to Section 13 of Article 5 of the Constitution of the State of Nevada;
3. When a direct appeal from the judgment of conviction and sentence is taken to the Supreme Court;
4. By a judge of the district court of the county in which the state prison is situated, for the purpose of an investigation of sanity or pregnancy as provided in NRS 176.425 to 176.485, inclusive;
5. By a judge of the district court in which a motion is filed pursuant to subsection 5 of NRS 175.554, for the purpose of determining whether the defendant is [mentally retarded;] intellectually disabled; or
6. Pursuant to the provisions of NRS 176.0919 or 176.486 to 176.492, inclusive.
Sec. 80. NRS 176A.047 is hereby amended to read as follows:
176A.047 [Mental retardation] Intellectual disability has the meaning ascribed to it in NRS 433.174.
Sec. 81. NRS 176A.250 is hereby amended to read as follows:
176A.250 A court may establish an appropriate program for the treatment of mental illness or [mental retardation] intellectual disabilities to which it may assign a defendant pursuant to NRS 176A.260. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
Sec. 82. NRS 176A.255 is hereby amended to read as follows:
176A.255 1. A justice court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.
2. As used in this section, eligible defendant means a person who:
(a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;
(b) Appears to suffer from mental illness or to be [mentally retarded;] intellectually disabled; and
(c) Would benefit from assignment to a program established pursuant to NRS 176A.250.
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Sec. 83. NRS 176A.260 is hereby amended to read as follows:
176A.260 1. Except as otherwise provided in subsection 2, if a defendant who suffers from mental illness or is [mentally retarded] intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250.
2. If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 84. NRS 177.015 is hereby amended to read as follows:
177.015 The party aggrieved in a criminal action may appeal only as follows:
1. Whether that party is the State or the defendant:
(a) To the district court of the county from a final judgment of the justice court.
(b) To the Supreme Court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
(c) To the Supreme Court from a determination of the district court about whether a defendant is [mentally retarded] intellectually disabled that is made as a result of a hearing held pursuant to NRS 174.098. If the Supreme Court entertains the appeal, it shall enter an order staying the criminal proceedings against the defendant for such time as may be required.
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2. The State may, upon good cause shown, appeal to the Supreme Court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the Clerk of the Supreme Court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant or, in the case of a defendant without counsel, the defendant within 2 judicial days after the filing of the notice of appeal. The Supreme Court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the Supreme Court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.
3. The defendant only may appeal from a final judgment or verdict in a criminal case.
4. Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty, guilty but mentally ill or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The Supreme Court may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.
Sec. 85. NRS 177.055 is hereby amended to read as follows:
177.055 1. When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by the defendant or the defendants counsel, unless the defendant or the defendants counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.
2. Whether or not the defendant or the defendants counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the Supreme Court, which shall consider, in a single proceeding, if an appeal is taken:
(a) Any errors enumerated by way of appeal;
(b) If a court determined that the defendant is not [mentally retarded] intellectually disabled during a hearing held pursuant to NRS 174.098, whether that determination was correct;
(c) Whether the evidence supports the finding of an aggravating circumstance or circumstances;
(d) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and
(e) Whether the sentence of death is excessive, considering both the crime and the defendant.
3. The Supreme Court, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new penalty hearing before a newly impaneled jury; or
(c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.
κ2013 Statutes of Nevada, Page 689 (CHAPTER 186, SB 338)κ
Sec. 86. NRS 178.3985 is hereby amended to read as follows:
178.3985 Mental disorder means a mental illness that results from a psychiatric or neurological disorder that so substantially impairs the mental or emotional functioning of the person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another and includes, without limitation, [mental retardation] intellectual disabilities and related conditions.
Secs. 87 and 88. (Deleted by amendment.)
Sec. 89. NRS 200.030 is hereby amended to read as follows:
200.030 1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person pursuant to NRS 200.5099;
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody;
(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person; or
(e) Committed in the perpetration or attempted perpetration of an act of terrorism.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find the person guilty thereof, designate by their verdict whether the person is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances, unless a court has made a finding pursuant to NRS 174.098 that the defendant is a person with [mental retardation] an intellectual disability and has stricken the notice of intent to seek the death penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
Κ A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.
5. A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
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(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415;
(b) Child abuse means physical injury of a nonaccidental nature to a child under the age of 18 years;
(c) School bus has the meaning ascribed to it in NRS 483.160;
(d) Sexual abuse of a child means any of the acts described in NRS 432B.100; and
(e) Sexual molestation means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
Sec. 90. (Deleted by amendment.)
Sec. 91. NRS 207.014 is hereby amended to read as follows:
207.014 1. A person who:
(a) Has been convicted in this State of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this State or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a),
Κ is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was an older person, a person with a mental disability or a vulnerable person.
2. The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:
(a) An older person;
(b) A person with a mental disability; or
(c) A vulnerable person.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
4. As used in this section:
(a) Older person means a person who is:
(1) Sixty-five years of age or older if the crime was committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed on or after October 1, 2003.
(b) Person with a mental disability means a person who has a mental impairment which is medically documented and substantially limits one or more of the persons major life activities. The term includes, but is not limited to, a person who:
(1) Suffers from [mental retardation;] an intellectual disability;
(2) Suffers from a severe mental or emotional illness;
(3) Has a severe learning disability; or
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(4) Is experiencing a serious emotional crisis in his or her life as a result of the fact that the person or a member of his or her immediate family has a catastrophic illness.
(c) Vulnerable person has the meaning ascribed to it in subsection 7 of NRS 200.5092.
Sec. 92. (Deleted by amendment.)
Sec. 93. NRS 213.1088 is hereby amended to read as follows:
213.1088 1. The Department of Public Safety in conjunction with the Department of Corrections shall establish a program of orientation that:
(a) Each member of the Board shall attend upon appointment to a first term; and
(b) Each person named by the Board to the list of persons eligible to serve as a case hearing representative pursuant to NRS 213.135 shall attend upon being named to the list. A person named to the list may not serve as a case hearing representative until the person completes the program of orientation.
2. The program of orientation must include a minimum of 40 hours of training. The information presented during the program of orientation must include, but is not limited to:
(a) A historical perspective of parole, including the objectives of and reasons for using parole within the criminal justice system;
(b) The role and function of the Board within the criminal justice system;
(c) The responsibilities of members of the Board and case hearing representatives;
(d) The goals and objectives of the Board;
(e) The programs administered by the Board;
(f) The policies and procedures of the Board; and
(g) The laws and regulations governing parole, including the standards for granting, denying, revoking and continuing parole.
3. The Chair of the Board shall develop a written plan for the continuing education of members of the Board and case hearing representatives. The plan must require that:
(a) Each member of the Board shall attend not less than 16 hours of courses for continuing education during each year of the members term.
(b) Each case hearing representative shall attend not less than 16 hours of courses for continuing education during each year that the representative is on the list of persons eligible to serve as a case hearing representative.
4. A member of the Board or a case hearing representative may meet the requirement for continuing education by successfully completing courses in any combination of the following subjects:
(a) The role and function of the Board within the criminal justice system;
(b) Changes in the law, including judicial decisions affecting parole;
(c) Developing skills in communicating, making decisions and solving problems;
(d) The interpretation and use of research, data and reports;
(e) Correctional policies and programs, including programs for the treatment of prisoners and parolees;
(f) Alternative punishments for disobedience;
(g) The selection of prisoners for parole;
(h) The supervision of parolees;
(i) The designation of and programs for repeating or professional offenders;
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(j) Problems related to gangs;
(k) The abuse of alcohol and drugs;
(l) The acquired immune deficiency syndrome;
(m) Domestic violence; and
(n) Mental illness and [mental retardation.] intellectual disabilities.
5. The Board shall, within the limits of legislative appropriations, pay the expenses of members of the Board and case hearing representatives attending courses for continuing education.
Sec. 94. NRS 232.361 is hereby amended to read as follows:
232.361 1. There is hereby created in the Department a Commission on Mental Health and Developmental Services consisting of 10 members appointed by the Governor, at least 3 of whom have training or experience in dealing with [mental retardation.] intellectual disabilities.
2. The Governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this State, from a list of three candidates submitted by the Nevada Psychiatric Association;
(b) A psychologist licensed to practice in this State and experienced in clinical practice, from a list of four candidates submitted by the Nevada [State] Psychological Association, two of whom must be from northern Nevada and two of whom must be from southern Nevada;
(c) A physician, other than a psychiatrist, licensed to practice medicine in this State and who has experience in dealing with [mental retardation,] intellectual disabilities, from a list of three candidates submitted by the Nevada State Medical Association;
(d) A social worker who has a masters degree and has experience in dealing with mental illness or [mental retardation,] intellectual disabilities, or both;
(e) A registered nurse licensed to practice in this State who has experience in dealing with mental illness or [mental retardation,] intellectual disabilities, or both, from a list of three candidates submitted by the Nevada Nurses Association;
(f) A marriage and family therapist licensed to practice in this State, from a list of three candidates submitted by the Nevada Association for Marriage and Family Therapy;
(g) A person who has knowledge and experience in the prevention of alcohol and drug abuse and the treatment and recovery of alcohol and drug abusers through a program or service provided pursuant to chapter 458 of NRS, from a list of three candidates submitted by the Division of Mental Health and Developmental Services of the Department;
(h) A current or former recipient of mental health services provided by the State or any agency thereof;
(i) A representative of the general public who has a special interest in the field of mental health; and
(j) A representative of the general public who has a special interest in the field of [mental retardation.] intellectual disabilities.
3. The Governor shall appoint the Chair of the Commission from among its members.
4. After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a members term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
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Sec. 95. NRS 233H.020 is hereby amended to read as follows:
233H.020 1. The Nevada Commission on Sports, consisting of nine members appointed by the Governor and two nonvoting members selected from the Legislature, is hereby created.
2. The Governor shall appoint to the Commission:
(a) One member who is experienced in promoting physical fitness;
(b) One member who is experienced in promoting sports for persons who are physically disabled or persons with [mental retardation;] intellectual disabilities;
(c) One member who has competed in the Olympic Games;
(d) Three members who are experienced in promoting amateur sports;
(e) One member who represents the gaming industry;
(f) One member who represents the mining industry; and
(g) One member who represents the public utilities and similar entities.
3. The Majority Leader of the Senate and the Speaker of the Assembly shall appoint one member of the Senate and one member of the Assembly, respectively, to serve as nonvoting members of the Commission for terms of 2 years.
4. If a vacancy occurs during the term of a member appointed by the Governor, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
5. The Commission shall elect a Chair and a Vice Chair from among its voting members.
6. The Governor may remove a member from the Commission if the member neglects his or her duty or commits malfeasance in office.
Sec. 96. NRS 274.270 is hereby amended to read as follows:
274.270 1. The governing body shall investigate the proposal made by a business pursuant to NRS 274.260, and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this State or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and NRS 374.643 for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:
(a) Unemployed persons who have resided at least 6 months in the municipality.
(b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.
(c) Recipients of benefits under any state or county program of public assistance, including, without limitation, temporary assistance for needy families, Medicaid and unemployment compensation who have resided at least 6 months in the municipality.
(d) Persons with a physical or mental [handicap] disability who have resided at least 6 months in the State.
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(e) Residents for at least 1 year of the area comprising the specially benefited zone.
2. To determine whether a business is in compliance with an agreement, the governing body:
(a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.
(b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.
Κ If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.
3. The governing body shall file with the Administrator, the Department of Taxation and the Employment Security Division of the Department of Employment, Training and Rehabilitation a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the Administrator, the Department of Taxation and the Employment Security Division of the Department of Employment, Training and Rehabilitation whenever the business is no longer certified.
Sec. 97. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter, unless the context otherwise requires:
1. Administrator means the Administrator of the Division.
2. Commission means the Personnel Commission.
3. Disability, includes, but is not limited to, physical disability, [mental retardation] intellectual disability and mental or emotional disorder.
4. Division means the Division of Human Resource Management of the Department of Administration.
5. Essential functions has the meaning ascribed to it in 29 C.F.R. § 1630.2.
6. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 98. (Deleted by amendment.)
Sec. 99. NRS 388.520 is hereby amended to read as follows:
388.520 1. The Department shall:
(a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and
(b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.
2. Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.
κ2013 Statutes of Nevada, Page 695 (CHAPTER 186, SB 338)κ
to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.
3. The State Board:
(a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.
(b) May prescribe minimum standards for the provision of early intervening services.
4. The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:
(a) Hearing impairments, including, but not limited to, deafness.
(b) Visual impairments, including, but not limited to, blindness.
(c) Orthopedic impairments.
(d) Speech and language impairments.
(e) [Mental retardation.] Intellectual disabilities.
(f) Multiple impairments.
(g) Serious emotional disturbances.
(h) Other health impairments.
(i) Specific learning disabilities.
(j) Autism spectrum disorders.
(k) Traumatic brain injuries.
(l) Developmental delays.
(m) Gifted and talented abilities.
5. No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.
6. The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.
7. As used in this section, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 100. (Deleted by amendment.)
Sec. 101. NRS 422.29306 is hereby amended to read as follows:
422.29306 1. The Department may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The Department may obtain a lien against a recipients property, both real or personal, before or after the death of the recipient in the amount of assistance paid or to be paid on behalf of the recipient if the court determines that assistance was incorrectly paid for the recipient.
(b) The Department may seek a lien against the real property of a recipient at any age before the death of the recipient in the amount of assistance paid or to be paid for the recipient if the recipient is an inpatient in a nursing facility, intermediate care facility for persons with [mental retardation] intellectual disabilities or other medical institution and the Department determines, after notice and opportunity for a hearing in accordance with applicable regulations, that the recipient cannot reasonably be expected to be discharged and return home.
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2. No lien may be placed on a recipients home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a) His or her spouse;
(b) His or her child who is under 21 years of age, blind or disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His or her brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
Κ is lawfully residing in the home.
3. Upon the death of a recipient, the Department may seek a lien upon the recipients undivided estate as defined in NRS 422.054.
4. The amount of the lien recovery must be based on the value of the real or personal property at the time of sale of the property.
5. The Director shall release a lien pursuant to this section:
(a) Upon notice by the recipient or the representative of the recipient to the Director that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the claim of the Department.
Sec. 102. NRS 422.376 is hereby amended to read as follows:
422.376 Facility for intermediate care has the meaning ascribed to it in NRS 449.0038, but does not include:
1. A facility which meets the requirements of a general or any other special hospital pursuant to chapter 449 of NRS;
2. A facility for intermediate care which limits its care and treatment to those persons who are [mentally retarded] intellectually disabled or who have conditions related to [mental retardation;] intellectual disabilities; or
3. A facility for intermediate care that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.
Sec. 103. NRS 449.0105 is hereby amended to read as follows:
449.0105 Home for individual residential care means a home in which a natural person furnishes food, shelter, assistance and limited supervision, for compensation, to not more than two persons with [mental retardation] intellectual disabilities or with physical disabilities or who are aged or infirm, unless the persons receiving those services are related within the third degree of consanguinity or affinity to the person providing those services. The term does not include:
1. A halfway house for recovering alcohol and drug abusers; or
2. A home in which supported living arrangement services are provided by a provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.
Sec. 104. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, residential facility for groups means an establishment that furnishes food, shelter, assistance and limited supervision to a person with [mental retardation] an intellectual disability or with a physical disability or a person who is aged or infirm. The term includes, without limitation, an assisted living facility.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his or her own home;
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(c) A natural person who provides care for one or more persons related to him or her within the third degree of consanguinity or affinity;
(d) A halfway house for recovering alcohol and drug abusers; or
(e) A facility funded by a division or program of the Department of Health and Human Services.
Sec. 105. NRS 449.187 is hereby amended to read as follows:
449.187 1. Except as otherwise provided in subsection 2, a facility for skilled nursing or facility for intermediate care licensed pursuant to the provisions of NRS 449.030 to 449.240, inclusive, may not be operated except under the supervision of a nursing facility administrator who is at the facility and licensed under the provisions of chapter 654 of NRS.
2. The provisions of subsection 1 do not apply to a facility for intermediate care which limits its care and treatment to those persons with [mental retardation] intellectual disabilities or conditions related to [mental retardation.] intellectual disabilities.
Sec. 106. NRS 449.260 is hereby amended to read as follows:
449.260 As used in NRS 449.250 to 449.430, inclusive:
1. Community mental health center means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of patients with mental illness, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community in or near which the facility is situated.
2. Construction includes the construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings, including medical transportation facilities, and includes architects fees, but excludes the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of the land.
3. Facility for persons with [mental retardation] intellectual disabilities means a facility specially designed for the diagnosis, treatment, education, training or custodial care of persons with [mental retardation,] intellectual disabilities, including facilities for training specialists and sheltered workshops for persons with [mental retardation,] intellectual disabilities, but only if such workshops are part of facilities which provide or will provide comprehensive services for persons with [mental retardation.] intellectual disabilities.
4. Federal Act means 42 U.S.C. §§ 291 to 291o-l, inclusive, and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities.
5. Federal agency means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.
6. Health facility includes a public health center, hospital, facility for hospice care, facility for persons with [mental retardation,] intellectual disabilities, community mental health center, and other facility to provide diagnosis, treatment, care, rehabilitation, training or related services to persons with physical or mental impairments, including diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other facilities for which federal aid may be authorized under the Federal Act, but, except for facilities for persons with [mental retardation,] intellectual disabilities, does not include any facility furnishing primarily domiciliary care.
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7. Nonprofit health facility means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or natural person.
8. Public health center means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
9. State Department means the Department of Health and Human Services, acting through its appropriate divisions.
Sec. 107. NRS 449.400 is hereby amended to read as follows:
449.400 1. In order to provide state assistance for construction projects for publicly owned general hospitals, hospitals for the chronically ill and impaired, facilities for persons with [mental retardation,] intellectual disabilities, community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds in accordance with NRS 449.250 to 449.430, inclusive, and to promote maximum utilization of federal funds available for such projects, there is hereby created in the State Treasury a nonreverting trust fund to be known as the State Public Health Facilities Construction Assistance Fund. Money for the Fund may be provided from time to time by legislative appropriation.
2. The State Public Health Facilities Construction Assistance Fund must be administered by the State Department in accordance with the purposes and provisions of NRS 449.250 to 449.430, inclusive.
Sec. 108. NRS 449.410 is hereby amended to read as follows:
449.410 1. Money in the State Public Health Facilities Construction Assistance Fund must be used to supplement money from the Federal Government and money provided by the sponsor of a project for approved projects for the construction of publicly owned general hospitals, hospitals for the chronically ill or impaired, facilities for persons with [mental retardation,] intellectual disabilities, community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds pursuant to NRS 449.250 to 449.430, inclusive, and for no other purpose or purposes.
2. Applications for state assistance for construction projects must be submitted to the State Department for consideration in the manner prescribed in NRS 449.250 to 449.430, inclusive, for applications for federal assistance.
3. No project is entitled to receive state assistance unless it is entitled to receive federal assistance.
Sec. 109. (Deleted by amendment.)
Sec. 110. NRS 608.255 is hereby amended to read as follows:
608.255 For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:
1. The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative program of such a facility or workshop.
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2. The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Mental Health and Developmental Services of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310, inclusive, and a person with [mental retardation] an intellectual disability or a person with a related [conditions] condition participating in a jobs and day training services program.
Secs. 111-117. (Deleted by amendment.)
Sec. 118. NRS 689A.045 is hereby amended to read as follows:
689A.045 1. Any health insurance policy delivered or issued for delivery after November 1, 1973, which provides for the termination of coverage on a dependent child of a policyholder when such child attains a contractually specified limiting age shall also provide that such coverage shall not terminate when the dependent child reaches such age if such child is and continues to be:
(a) Incapable of self-sustaining employment due to a physical handicap or [mental retardation;] an intellectual disability; and
(b) Dependent on the policyholder for support and maintenance.
2. Proof of such childs incapacity and dependency shall be furnished to the insurer by the policyholder within 31 days after such child attains the specified limiting age and as often as the insurer may thereafter require, but no more than once a year beginning 2 years after such child attains the specified limiting age.
Sec. 119. NRS 689B.035 is hereby amended to read as follows:
689B.035 1. A group health insurance policy delivered or issued for delivery after November 1, 1973, which provides for the termination of coverage on a dependent child of a member of the insured group, when such child attains a contractually specified limiting age, shall also provide that such coverage shall not terminate when the dependent child reaches such age if such child is and continues to be:
(a) Incapable of self-sustaining employment due to a physical handicap or [mental retardation;] an intellectual disability; and
(b) Dependent on the member of the insured group for support and maintenance.
2. Proof of such childs incapacity and dependency shall be furnished to the insurer by the member of the insured group within 31 days after such child attains the specified limiting age and as often as the insurer may thereafter require, but no more than once a year beginning 2 years after such child attains the specified limiting age.
Sec. 120. 1. This act shall be construed as making amendments to provisions of state law for the purpose of substituting the term intellectual disability or a variation of that term for mental retardation or a variation of that term without any intent of the Nevada Legislature to change the coverage, eligibility, rights or responsibilities conferred by or otherwise resulting from the amendatory provisions of this act.
2. Any judicial interpretation of a state law entered before July 1, 2013, which includes an interpretation of the term mental retardation or a variation of that term which is amended by or as a result of this act to refer instead to intellectual disability or a variation of that term shall be deemed to have the same meaning as though the term had remained unchanged.
κ2013 Statutes of Nevada, Page 700 (CHAPTER 186, SB 338)κ
Sec. 121. In preparing supplements to the Nevada Administrative Code, the Legislative Counsel shall make such changes as necessary so that references to mental retardation and related terms are replaced with references to intellectual disabilities and related terms.
Sec. 122. This act becomes effective on July 1, 2013.
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Senate Bill No. 342Senators Goicoechea; and Gustavson (by request)
Joint Sponsors: Assemblymen Ellison and Oscarson
CHAPTER 187
[Approved: May 27, 2013]
AN ACT relating to land use planning; authorizing certain local governments to establish simplified procedures for the vacation and abandonment of streets owned by the local government under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth a procedure for the vacation and abandonment of streets and easements owned by a city or county. (NRS 278.480) This bill authorizes a city or county to establish by ordinance a simplified procedure for the vacation or abandonment of such a street for the purpose of conforming the legal description of real property to a recorded survey or map of the relevant area.
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 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in [subsection] subsections 11 [,] and 12, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.
2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. A government patent easement which is no longer required for a public purpose may be vacated by:
(a) The governing body; or
(b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,
Κ without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.
κ2013 Statutes of Nevada, Page 701 (CHAPTER 187, SB 342)κ
4. Except as otherwise provided in subsection 3, if any right-of-way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall, not less than 10 business days before the public hearing described in subsection 5:
(a) Notify each owner of property abutting the proposed abandonment. Such notice must be provided by mail pursuant to a method that provides confirmation of delivery and does not require the signature of the recipient.
(b) Cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing.
5. Except as otherwise provided in subsection 6, if, upon public hearing, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission, hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.
6. In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the street. After receiving the written notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement. If a public utility or video service provider indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the street that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or video service provider, as applicable, and shall ensure that such easement is recorded in the office of the county recorder.
7. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation, title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his or her property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
κ2013 Statutes of Nevada, Page 702 (CHAPTER 187, SB 342)κ
governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his or her property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
8. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
9. If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
10. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city or county.
11. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
12. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of a street for the purpose of conforming the legal description of real property to a recorded map or survey of the area in which the real property is located. Any such simplified procedure must include, without limitation, the requirements set forth in subsection 6.
13. As used in this section:
(a) Government patent easement means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.
(b) Public utility has the meaning ascribed to it in NRS 360.815.
(c) Video service provider has the meaning ascribed to it in NRS 711.151.
Sec. 2. This act becomes effective upon passage and approval.
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