[Rev. 1/30/2019 4:26:22 PM]
κ2013 Statutes of Nevada, Page 1399 (CHAPTER 296, AB 172)κ
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. 9. 1. The amendatory provisions of this act apply to all public works for which bids are first advertised after July 1, 2013.
2. Any contract awarded for a public work to which the amendatory provisions of this act apply pursuant to subsection 1 and:
(a) Which was not advertised in compliance with the amendatory provisions of this act;
(b) For which bids were not accepted in compliance with the amendatory provisions of this act; or
(c) For which the contract was not awarded in compliance with the amendatory provisions of this act,
Κ is void.
3. As used in this section, contract and public work have the meanings ascribed to them in NRS 338.010.
Sec. 10. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 189Committee on Transportation
CHAPTER 297
[Approved: June 1, 2013]
AN ACT relating to motor vehicles; providing for the issuance by the Department of Motor Vehicles of a separate tier of five new special license plates, which must meet increased requirements for bonding and the number of applications to qualify for issuance; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the standard manner for issuing special license plates requires: (1) application to the Department of Motor Vehicles; (2) approval by the Commission on Special License Plates; (3) posting of a surety bond in the amount of $5,000; and (4) the issuance of at least 1,000 plates to demonstrate the viability of the plates. (NRS 482.367002-482.367008) Existing law also places a limit of 30 on the number of separate designs of special license plates that may be issued by the Department at any one time. (NRS 482.367008)
This bill creates a new tier of not more than 5 special license plates that may be issued by the Department, in addition to the existing 30, if the applicants post a larger surety bond in the amount of $20,000 and demonstrate the issuance of at least 3,000 plates to illustrate the viability of the plates.
κ2013 Statutes of Nevada, Page 1400 (CHAPTER 297, AB 189)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:
Sections 1 and 2. (Deleted by amendment.)
Sec. 2.5. NRS 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization;
(c) Must include proof that the organization satisfies the requirements set forth in subsection 1;
(d) Must be accompanied by a surety bond posted with the Department in the amount of $5,000 [;] , except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000; and
(e) May be accompanied by suggestions for the design of and colors to be used in the special license plate.
3. The Department may design and prepare a special license plate requested pursuant to subsection 1 if:
(a) The Department determines that the application for that plate complies with subsection 2; and
(b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.
4. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to this section;
(b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and
κ2013 Statutes of Nevada, Page 1401 (CHAPTER 297, AB 189)κ
(c) Complies with the requirements of subsection 7 of NRS 482.270,
Κ for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
5. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department or the Commission on Special License Plates determines not to issue the special license plate; or
(b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008 [.] , except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
6. If, during a registration year, the holder of 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 that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 3. (Deleted by amendment.)
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, 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, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of 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.
κ2013 Statutes of Nevada, Page 1402 (CHAPTER 297, AB 189)κ
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. In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:
(a) The Commission on Special License Plates must have approved the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and
(b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:
(1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and
(2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.
4. 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.] 5. Except as otherwise provided in subsection [6,] 7, 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 [,] but not described in subsection 3, less than 1,000; [or]
(b) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002 and described in subsection 3, less than 3,000; or
(c) 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.] 6.
[5.] 6. The notice required pursuant to subsection [4] 5 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
κ2013 Statutes of Nevada, Page 1403 (CHAPTER 297, AB 189)κ
(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.] 7. If, on December 31 of the same year in which notice was provided pursuant to subsections [4 and 5,] 5 and 6, 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 [,] but not described in subsection 3, less than 1,000; [or]
(b) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002 and described in subsection 3, less than 3,000; or
(c) 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.
Secs. 5-8. (Deleted by amendment.)
Sec. 9. This act becomes effective:
1. Upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act, including, without limitation, informing organizations whose special license plates have already been approved but are awaiting production, as to how those organizations may qualify their special license plates for issuance as described in subsection 3 of NRS 482.367008, as amended by section 4 of this act; and
2. On July 1, 2013, for all other purposes.
________
Assembly Bill No. 200Assemblymen Hardy, Grady, Carlton, Hickey, Oscarson; Kirner, Livermore and Wheeler
Joint Sponsors: Senators Hardy; and Cegavske
CHAPTER 298
[Approved: June 1, 2013]
AN ACT relating to food establishments; allowing farms to hold farm-to-fork events in certain circumstances without being considered a food establishment for purposes of inspections by the health authority and other regulations; requiring such farms to register with the health authority; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 1404 (CHAPTER 298, AB 200)κ
Legislative Counsels Digest:
Existing law requires a person to obtain a permit to operate a food establishment and to comply with various other requirements in the operation of the food establishment. (NRS 446.870) Existing law defines the term food establishment for those purposes and specifically excludes certain entities from the definition, including private homes where the food that is prepared or manufactured in the home is not provided for compensation or other consideration of any kind. (NRS 446.020)
Section 5 of this bill adds to the list of entities that are excluded from the definition of food establishment a farm holding a farm-to-fork event. Section 2 of this bill defines the term farm-to-fork event as an event where prepared food from a farm is provided for immediate consumption by paying guests at the farm. Section 3 of this bill authorizes a farm to hold a farm-to-fork event without being subject to the requirements of a food establishment provided that: (1) any rabbit meat or poultry served is raised and prepared on the farm, and is butchered and processed on the farm pursuant to certain permit and inspection requirements of NRS; (2) other food items served are prepared from ingredients substantially produced on the farm; and (3) each guest is provided with a notice which states that no inspection was conducted by a state or local health department of the farm or the food to be consumed, except as to the butchering and processing of the meat or poultry. Section 3 further provides that a farm which holds more than two events in any month becomes a food establishment subject to all the requirements of a food establishment for the remainder of the calendar year. Section 3.5 requires a farm that wishes to hold farm-to-fork events to register with the health authority by providing certain information and paying a fee. The health authority is prohibited from inspecting the farm, except 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. Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3, 3.5 and 4 of this act.
Sec. 2. Farm-to-fork event means an event organized on a farm where prepared food is provided for immediate consumption to paying guests and that meets the requirements of section 3 of this act.
Sec. 3. 1. Except as otherwise provided in subsection 3, a farm is not a food establishment for purposes of holding a farm-to-fork event provided that:
(a) Any poultry and meat from a rabbit that is served at the farm-to-fork event is raised and prepared on the farm and is butchered and processed on the farm pursuant to the requirements of chapter 583 of NRS; and
(b) Any other food item that is served at the farm-to-fork event, including, without limitation, salads, side dishes and desserts, are prepared on the farm from ingredients that are substantially produced on the farm.
2. A farm which holds a farm-to-fork event shall, before a guest consumes any food, provide each guest with a notice which states that no inspection was conducted by a state or local health department of the farm or the food to be consumed, except as otherwise provided in subsection 1.
3. A farm which holds more than two events in any month that would otherwise qualify as farm-to-fork events becomes a food establishment for the remainder of that calendar year subject to all of the requirements of this chapter and any regulations adopted pursuant thereto concerning food establishments.
κ2013 Statutes of Nevada, Page 1405 (CHAPTER 298, AB 200)κ
Sec. 3.5. 1. A farm that wishes to hold farm-to-fork events must register with the health authority by submitting such information as the health authority deems appropriate, including, without limitation:
(a) The name, address and contact information of the owner of the farm;
(b) The name under which the farm operates; and
(c) The address of the farm.
2. The health authority may charge a fee for the registration of a farm pursuant to this section in an amount not to exceed the actual cost of the health authority to establish and maintain a registry of farms holding farm-to-fork events.
3. The health authority shall not inspect a farm that holds a farm-to-fork event, except as otherwise provided in subsection 3 of section 3 of this act and except that the health authority may inspect a farm following a farm-to-fork event to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item served at the farm-to-fork event. A farm shall cooperate with the health authority in any such inspection.
4. If, as a result of an inspection conducted pursuant to subsection 3, the health authority determines that the farm has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the health authority may charge and collect from the farm a fee in an amount not to exceed the actual cost of the health authority to conduct the investigation.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 446.020 is hereby amended to read as follows:
446.020 1. Except as otherwise limited by subsection 2, food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;
(b) Fraternal or social clubhouses at which attendance is limited to members of the club;
(c) Vehicles operated by common carriers engaged in interstate commerce;
(d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;
(e) Any establishment where animals are slaughtered which is regulated and inspected by the State Department of Agriculture;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS; [or]
κ2013 Statutes of Nevada, Page 1406 (CHAPTER 298, AB 200)κ
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers [.] ; or
(h) A farm for purposes of holding a farm-to-fork event.
Sec. 6. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 227Assemblymen Ellison, Wheeler, Hansen, Hickey, Hardy; Paul Anderson, Bustamante Adams, Carrillo, Duncan, Fiore, Flores, Grady, Hambrick, Healey, Kirkpatrick, Kirner, Livermore, Neal, Ohrenschall, Oscarson, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Goicoechea, Gustavson, Roberson, Hutchison, Hammond; Atkinson, Brower, Cegavske, Denis, Hardy, Jones, Kieckhefer, Kihuen, Manendo, Parks, Settelmeyer, Spearman and Woodhouse
CHAPTER 299
[Approved: June 1, 2013]
AN ACT relating to public lands; creating the Nevada Land Management Task Force to conduct a study addressing the transfer of public lands in Nevada from the Federal Government to the State of Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill creates the Nevada Land Management Task Force, consisting of a representative from each county in this State appointed by the board of county commissioners, to conduct a study during the 2013-2014 legislative interim to address the transfer of public lands in Nevada from the Federal Government to the State of Nevada, in contemplation of Congress turning over the management and control of those public lands to the State of Nevada on or before June 30, 2015. The Task Force is required to submit a report of its findings and recommendations to the Legislative Committee on Public Lands on or before September 1, 2014. The Task Force is similar to an interim commission that is being recommended for creation in the State of Utah to study issues relating to the transfer of public lands in Utah from the Federal Government to the State of Utah. (House Bill No. 148, 2012 Utah Laws, ch. 353, § 5)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Unlike the eastern states that received dominion over their lands upon joining the Union, the western states have been placed in an inferior position as a result of the Federal Government withholding a significant portion of land from those states as a condition of admission to the Union; and
Whereas, According to the Congressional Research Service, as of 2010, the Federal Government manages and controls approximately 640 million acres, or about 28 percent of the 2.27 billion acres, of land in the United States; and
κ2013 Statutes of Nevada, Page 1407 (CHAPTER 299, AB 227)κ
Whereas, The highest concentration of land managed and controlled by the Federal Government is in Alaska (61.8 percent) and the 11 coterminous western states, namely Arizona (42.3 percent), California (47.7 percent), Colorado (36.2 percent), Idaho (61.7 percent), Montana (28.9 percent), Nevada (81.1 percent), New Mexico (34.7 percent), Oregon (53.0 percent), Utah (66.5 percent), Washington (28.5 percent) and Wyoming (48.2 percent); and
Whereas, In contrast, the Federal Government only manages and controls 4 percent of the land in the states east of those western states; and
Whereas, The state with the highest percentage of lands within its boundaries that is managed and controlled by the Federal Government is Nevada, with over 80 percent of its lands being managed and controlled by various federal agencies, including the Bureau of Land Management, the National Park Service, the United States Forest Service, the United States Fish and Wildlife Service and the Department of Energy; and
Whereas, Increased control by the State of Nevada over the public lands within its borders would benefit the residents of Nevada significantly by allowing the State to balance the economic, recreational and other critical interests of its residents, with special emphasis on the multiple uses that are allowed presently on the public lands; and
Whereas, In March 2012, legislation was enacted in the State of Utah that, among other things, requires the Federal Government to turn over management and control of the public lands in Utah to the State of Utah and requires the study of various issues that may arise during such a transfer; and
Whereas, Other western states are considering the enactment of similar laws and momentum is building towards the Federal Government turning over management and control of certain public lands to the western states; and
Whereas, In light of the magnitude of federal management and control of public lands in Nevada, a study by the State of Nevada, in contemplation of Congress turning over the management and control of public lands in Nevada to the State of Nevada on or before June 30, 2015, would assist in ensuring that the transfer proceeds in a timely and orderly manner; now therefore
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Nevada Land Management Task Force, consisting of 17 members, is hereby created. Within 30 days after the effective date of this act, the board of county commissioners of each county shall appoint one member to the Task Force.
2. A vacancy on the Task Force must be filled in the same manner as the original appointment.
3. The Task Force shall hold its first meeting on or before July 1, 2013. At the first meeting, the Task Force shall elect a Chair and Vice Chair from among its members.
4. While engaged in the business of the Task Force, each member of the Task Force is entitled to receive such per diem allowance and travel expenses as provided by the board of county commissioners that appointed the member. Each board of county commissioners shall pay the per diem allowance and travel expenses required by this subsection to the member that is appointed by that board of county commissioners.
κ2013 Statutes of Nevada, Page 1408 (CHAPTER 299, AB 227)κ
allowance and travel expenses required by this subsection to the member that is appointed by that board of county commissioners.
5. The board of county commissioners of each county, in conjunction with the Nevada Association of Counties, shall provide such administrative support to the Task Force as is necessary to carry out the duties of the Task Force.
6. The Task Force shall conduct a study to address the transfer of public lands in Nevada from the Federal Government to the State of Nevada in contemplation of Congress turning over the management and control of those public lands to the State of Nevada on or before June 30, 2015. The study must include, without limitation:
(a) An identification of the public lands to be transferred and the interests, rights and uses associated with those lands;
(b) The development of a proposed plan for the administration, management and use of the public lands, including, without limitation, the designation of wilderness or other conservation areas or the sale, lease or other disposition of those lands; and
(c) An economic analysis concerning the transfer of the public lands, including, without limitation:
(1) The identification of the costs directly incident to the transfer of title of those lands;
(2) The identification of sources of revenue to pay for the administration and maintenance of those lands by the State of Nevada;
(3) A determination of the amount of any revenue that is currently received by the State of Nevada or a political subdivision of this State in connection with those lands, including, without limitation, any payments made in lieu of taxes and mineral leases; and
(4) The identification of any potential revenue to be received from those lands by the State of Nevada after the transfer of the lands and recommendations for the distribution of those revenues.
7. The Task Force shall report periodically to the Legislative Committee on Public Lands established by NRS 218E.510 concerning the activities of the Task Force.
8. On or before September 1, 2014, the Task Force shall submit a report of its findings and recommendations to the Legislative Committee on Public Lands for inclusion in the final report of that Committee for the 2013-2014 legislative interim. During the 78th Session of the Nevada Legislature, one or more members of the Task Force must be available, upon request, to present the recommendations of the Task Force to the Legislature or the appropriate standing committees with jurisdiction over public lands matters.
Sec. 2. This act becomes effective upon passage and approval and expires by limitation on June 30, 2015.
________
κ2013 Statutes of Nevada, Page 1409κ
Assembly Bill No. 233Assemblywoman Flores
CHAPTER 300
[Approved: June 1, 2013]
AN ACT relating to genetic marker analysis; authorizing a person convicted of any felony to file a petition requesting genetic marker analysis; authorizing the appeal of an order granting or dismissing a petition for genetic marker analysis; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a person who has been convicted of a category A or B felony, and who is currently under imprisonment for that conviction, to file a petition requesting genetic marker analysis of certain evidence within the possession or custody of the State. (NRS 176.0918) This bill authorizes a person convicted of any felony, regardless of whether the person is under such imprisonment, to: (1) file a petition requesting genetic marker analysis of certain evidence within the possession or custody of the State; and (2) file an appeal of an order dismissing such a petition for genetic marker analysis. This bill further authorizes the State to appeal an order granting such a petition.
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 176.0918 is hereby amended to read as follows:
176.0918 1. A person convicted of a [category A or B] felony [who is under sentence of imprisonment for that conviction and] who otherwise meets the requirements of this section may file a postconviction petition requesting a genetic marker analysis of evidence within the possession or custody of the State which may contain genetic marker information relating to the investigation or prosecution that resulted in the judgment of conviction. If the case involves a sentence of death, the petition must include, without limitation, the date scheduled for the execution, if it has been scheduled.
2. Such a petition must be filed with the clerk of the district court for the county in which the petitioner was convicted on a form prescribed by the Department of Corrections. A copy of the petition must be served by registered mail upon:
(a) The Attorney General; and
(b) The district attorney in the county in which the petitioner was convicted.
3. A petition filed pursuant to this section must be accompanied by a declaration under penalty of perjury attesting that the information contained in the petition does not contain any material misrepresentation of fact and that the petitioner has a good faith basis relying on particular facts for the request. The petition must include, without limitation:
(a) Information identifying specific evidence either known or believed to be in the possession or custody of the State that can be subject to genetic marker analysis;
κ2013 Statutes of Nevada, Page 1410 (CHAPTER 300, AB 233)κ
(b) The rationale for why a reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in paragraph (a);
(c) An identification of the type of genetic marker analysis the petitioner is requesting to be conducted on the evidence identified in paragraph (a);
(d) If applicable, the results of all prior genetic marker analysis performed on evidence in the trial which resulted in the petitioners conviction; and
(e) A statement that the type of genetic marker analysis the petitioner is requesting was not available at the time of trial or, if it was available, that the failure to request genetic marker analysis before the petitioner was convicted was not a result of a strategic or tactical decision as part of the representation of the petitioner at the trial.
4. If a petition is filed pursuant to this section, the court may:
(a) [Dismiss] Enter an order dismissing the petition without a hearing if the court determines, based on the information contained in the petition, that the petitioner does not meet the requirements set forth in this section;
(b) After determining whether the petitioner is indigent pursuant to NRS 171.188 and whether counsel was appointed in the case which resulted in the conviction, appoint counsel for the limited purpose of reviewing, supplementing and presenting the petition to the court; or
(c) Schedule a hearing on the petition. If the court schedules a hearing on the petition, the court shall determine which person or agency has possession or custody of the evidence and shall immediately issue an order requiring, during the pendency of the proceeding, each person or agency in possession or custody of the evidence to:
(1) Preserve all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section;
(2) Within 90 days, prepare an inventory of all evidence relevant to the claims in the petition within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section; and
(3) Within 90 days, submit a copy of the inventory to the petitioner, the prosecuting attorney and the court.
5. Within 90 days after the inventory of all evidence is prepared pursuant to subsection 4, the prosecuting attorney may file a written response to the petition with the court.
6. If the court holds a hearing on a petition filed pursuant to this section, the hearing must be presided over by the judge who conducted the trial that resulted in the conviction of the petitioner, unless that judge is unavailable. Any evidence presented at the hearing by affidavit must be served on the opposing party at least 15 days before the hearing.
7. The court shall order a genetic marker analysis, after considering the information contained in the petition pursuant to subsection 3 and any other evidence, if the court finds that:
(a) A reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in the petition;
(b) The evidence to be analyzed exists; and
κ2013 Statutes of Nevada, Page 1411 (CHAPTER 300, AB 233)κ
(c) Except as otherwise provided in subsection 8, the evidence was not previously subjected to a genetic marker analysis.
8. If the evidence was previously subjected to a genetic marker analysis, the court shall order a genetic marker analysis pursuant to subsection 7 if the court finds that:
(a) The result of the previous analysis was inconclusive;
(b) The evidence was not subjected to the type of analysis that is now requested and the requested analysis may resolve an issue not resolved by the previous analysis; or
(c) The requested analysis would provide results that are significantly more accurate and probative of the identity of the perpetrator than the previous analysis.
9. If the court orders a genetic marker analysis pursuant to subsection 7 or 8, the court shall:
(a) Order the analysis to be conducted promptly under reasonable conditions designed to protect the interest of the State and the petitioner in the integrity of the evidence and the analysis process.
(b) Select a forensic laboratory to conduct or oversee the analysis. The forensic laboratory selected by the court must:
(1) Be operated by this state or one of its political subdivisions, when possible; and
(2) Satisfy the standards for quality assurance that are established for forensic laboratories by the Federal Bureau of Investigation.
(c) Order the forensic laboratory selected pursuant to paragraph (b) to perform a genetic marker analysis of evidence. The analysis to be performed and evidence to be analyzed must:
(1) Be specified in the order; and
(2) Include such analysis, testing and comparison of genetic marker information contained in the evidence and the genetic marker information of the petitioner as the court determines appropriate under the circumstances.
(d) Order the production of any reports that are prepared by a forensic laboratory in connection with the analysis and any data and notes upon which the report is based.
(e) Order the preservation of evidence used in a genetic marker analysis performed pursuant to this section for purposes of a subsequent proceeding or analysis, if any.
(f) Order the results of the genetic marker analysis performed pursuant to this section to be sent to the State Board of Parole Commissioners if the results of the genetic marker analysis are not favorable to the petitioner.
10. If the court orders a genetic marker analysis pursuant to subsection 7 or 8, the State may appeal to the Supreme Court within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court.
11. If the results of a genetic marker analysis performed pursuant to this section are favorable to the petitioner:
(a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and
(b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.
[11.] 12. The court shall [dismiss] enter an order dismissing a petition filed pursuant to this section if:
κ2013 Statutes of Nevada, Page 1412 (CHAPTER 300, AB 233)κ
(a) The requirements for ordering a genetic marker analysis pursuant to this section are not satisfied; or
(b) The results of a genetic marker analysis performed pursuant to this section are not favorable to the petitioner.
[12.] 13. If the court enters an order dismissing a petition pursuant to this section, the person aggrieved by the order may appeal to the Supreme Court within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court.
14. For the purposes of a genetic marker analysis pursuant to this section, a person who files a petition pursuant to this section shall be deemed to consent to the:
(a) Submission of a biological specimen by the petitioner to determine genetic marker information; and
(b) Release and use of genetic marker information concerning the petitioner.
[13.] 15. The petitioner shall pay the cost of a genetic marker analysis performed pursuant to this section, unless the petitioner is incarcerated at the time the petitioner files the petition, found to be indigent pursuant to NRS 171.188 and the results of the genetic marker analysis are favorable to the petitioner. If the petitioner is not required to pay the cost of the analysis pursuant to this subsection, the expense of an analysis ordered pursuant to this section is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.
[14.] 16. The remedy provided by this section is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime.
[15.] 17. If a petitioner files a petition pursuant to this section, the court schedules a hearing on the petition and a victim of the crime for which the petitioner was convicted has requested notice pursuant to NRS 178.5698, the district attorney in the county in which the petitioner was convicted shall provide to the victim notice of:
(a) The fact that the petitioner filed a petition pursuant to this section;
(b) The time and place of the hearing scheduled by the court as a result of the petition; and
(c) The outcome of any hearing on the petition.
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κ2013 Statutes of Nevada, Page 1413κ
Assembly Bill No. 284Assemblymen Flores; and Elliot Anderson
CHAPTER 301
[Approved: June 1, 2013]
AN ACT relating to residential leasing; providing for the early termination of certain rental agreements by victims of domestic violence under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill provides, under certain circumstances, for the early termination of a rental agreement if a tenant, cotenant or household member is a victim of domestic violence. Section 1.3 of this bill: (1) establishes provisions concerning notice requirements for such an early termination; (2) establishes provisions concerning liability of unpaid amounts relating to the termination of a rental agreement; (3) requires a landlord to install a new lock onto the dwelling of certain persons who are victims of domestic violence; and (4) establishes certain limitations concerning the disclosure to a prospective landlord of an early termination pursuant to this bill.
Section 1.7 of this bill establishes the form in which an affidavit submitted by a tenant or cotenant in support of a notice to terminate a rental agreement pursuant to this bill must be made.
Existing law prohibits a landlord from taking certain retaliatory actions against a tenant. (NRS 118A.510) Section 2 of this bill prohibits a landlord from taking certain retaliatory actions against a tenant, cotenant or household member who is a victim of domestic violence or who terminates a rental agreement because he or she is a victim of domestic violence.
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 118A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. 1. Notwithstanding any provision in a rental agreement to the contrary, if a tenant, cotenant or household member is the victim of domestic violence, the tenant or any cotenant may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner.
2. The written notice provided to a landlord pursuant to subsection 1 must describe the reason for the termination of the rental agreement and be accompanied by:
(a) A copy of an order for protection against domestic violence issued to the tenant, cotenant or household member who is the victim of domestic violence;
(b) A copy of a written report from a law enforcement agency indicating that the tenant, cotenant or household member notified the law enforcement agency of the domestic violence; or
(c) A copy of a written affidavit in the form prescribed pursuant to section 1.7 of this act and signed by a qualified third party acting in his or her official capacity stating that the tenant, cotenant or household member is a victim of domestic violence and identifying the adverse party.
κ2013 Statutes of Nevada, Page 1414 (CHAPTER 301, AB 284)κ
her official capacity stating that the tenant, cotenant or household member is a victim of domestic violence and identifying the adverse party.
3. A tenant or cotenant may terminate a rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant, cotenant or household member becoming a victim of domestic violence occurred within the 90 days immediately preceding the written notice of termination to the landlord.
4. A tenant or cotenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations. If the tenant or cotenant has prepaid rent that would apply for the rental period in which the rental agreement is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant or cotenant unless the amount of the prepaid rent exceeds what is owed for that rental period. Except as otherwise provided in NRS 118A.242, if the tenant or cotenant has paid a security deposit, the deposit must not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.
5. A person who is named as the adverse party may be civilly liable for all economic losses incurred by a landlord for the early termination of a rental agreement pursuant to this section, including, without limitation, unpaid rent, fees relating to early termination, costs for the repair of any damages to the dwelling and any reductions in or waivers of rent previously extended to the tenant or cotenant who terminates the rental agreement pursuant to this section.
6. A landlord shall not provide to an adverse party any information concerning the whereabouts of a tenant, cotenant or household member if the tenant or cotenant provided notice pursuant to subsection 1.
7. If a tenant or cotenant provided notice pursuant to subsection 1, the tenant, the cotenant or a household member may require the landlord to install a new lock onto the dwelling if the tenant, cotenant or household member pays the cost of installing the new lock. A landlord complies with the requirements of this subsection by:
(a) Rekeying the lock if the lock is in good working condition; or
(b) Replacing the entire locking mechanism with a new locking mechanism of equal or superior quality.
8. A landlord who installs a new lock pursuant to subsection 7 may retain a copy of the new key. Notwithstanding any provision in a rental agreement to the contrary, the landlord shall:
(a) Refuse to provide a key which unlocks the new lock to an adverse party.
(b) Refuse to provide to an adverse party, whether or not that party is a tenant, cotenant or household member, access to the dwelling to reclaim property unless a law enforcement officer is present.
9. This section shall not be construed to limit a landlords right to terminate a rental agreement for reasons unrelated to domestic violence.
10. Notwithstanding any other provision of law, the termination of a rental agreement pursuant to this section:
κ2013 Statutes of Nevada, Page 1415 (CHAPTER 301, AB 284)κ
(a) Must not be disclosed, described or characterized as an early termination by a current landlord to a prospective landlord; and
(b) Is not required to be disclosed as an early termination by a tenant or cotenant to a prospective landlord.
11. As used in this section:
(a) Adverse party means a person who is named in an order for protection against domestic violence, a written report from a law enforcement agency or a written statement from a qualified third party and who is alleged to be the cause of the early termination of a rental agreement pursuant to this section.
(b) Cotenant means a tenant who, pursuant to a rental agreement, is entitled to occupy a dwelling that another tenant is also entitled to occupy pursuant to the same rental agreement.
(c) Domestic violence means the commission of any act described in NRS 33.018.
(d) Household member means any person who is related by blood or marriage and is actually residing with a tenant or cotenant.
(e) Qualified third party means:
(1) A physician licensed to practice in this State;
(2) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc. or the American Osteopathic Board of Neurology and Psychiatry of the American Osteopathic Association;
(3) A psychologist licensed to practice in this State;
(4) A social worker licensed to practice in this State;
(5) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
(6) A marriage and family therapist or clinical professional counselor licensed to practice in this State pursuant to chapter 641A of NRS;
(7) Any person employed by an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met and who is licensed to provide health care pursuant to the provisions of title 54 of NRS, or is a member of the board of directors or serves as the executive director of an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met; or
(8) Any member of the clergy of a church or religious society or denomination that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501 (c)(3), who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination.
Sec. 1.7. An affidavit submitted by a tenant or cotenant pursuant to section 1.3 of this act must be in substantially the following form:
(Name of the qualified third party, as defined in section 1.3 of this act, including, if applicable, the name of the organization with which the qualified third party is affiliated)
κ2013 Statutes of Nevada, Page 1416 (CHAPTER 301, AB 284)κ
I (and/or) ...............................................................................................
(name of cotenant or household member)
am a victim of domestic violence as defined in section 1.3 of this act.
Brief description of incident(s) constituting domestic violence:
The incident(s) that I described above occurred on the following date(s) and time(s), and in the following locations:
The incident(s) that I described above were committed by the following person(s):
I state under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.
Dated this ....... day of ..............., 20....., at .................... (city), Nevada,
.........................................................................
(Signature of tenant, cotenant
or household member)
I verify that the person whose signature appears above was a victim of domestic violence and that the person informed me of the name of the adverse party as defined in section 1.3 of this act.
Dated this ....... day of ..............., 20....., at .................... (city), Nevada,
.........................................................................
(Signature of qualified third party)
Sec. 2. NRS 118A.510 is hereby amended to read as follows:
118A.510 1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;
κ2013 Statutes of Nevada, Page 1417 (CHAPTER 301, AB 284)κ
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;
(c) The tenant has organized or become a member of a tenants union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;
(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant; [or]
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws [.] ; or
(h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence or terminates a rental agreement pursuant to section 1.3 of this act.
2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.
3. A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:
(a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent;
(b) The tenancy is terminated with cause;
(c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenants dwelling unit is vacant; or
(d) The increase in rent applies in a uniform manner to all tenants.
Κ The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlords failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.
4. As used in this section:
(a) Cotenant has the meaning ascribed to it in section 1.3 of this act.
(b) Domestic violence has the meaning ascribed to it in section 1.3 of this act.
(c) Household member has the meaning ascribed to it in section 1.3 of this act.
Sec. 3. This act becomes effective on July 1, 2013.
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κ2013 Statutes of Nevada, Page 1418κ
Assembly Bill No. 300Assemblyman Frierson
Joint Sponsor: Senator Roberson
CHAPTER 302
[Approved: June 1, 2013]
AN ACT relating to real property; revising provisions governing the affidavit of authority to exercise the power of sale under a deed of trust which must be included with a notice of default and election to sell; revising provisions governing the exercise of the power of sale under a deed of trust; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a notice of default and election to sell real property subject to a deed of trust to include an affidavit based on the personal knowledge of the affiant setting forth certain information concerning the deed of trust, the amounts due, the possession of the note secured by the deed of trust and the authority to foreclose. (NRS 107.080) Section 1 of this bill provides that certain information provided in the affidavit may be based on: (1) the information obtained by the affiants review of the business records of the beneficiary of the deed of trust; and (2) the information contained in the records of the recorder of the county in which the property is located or the title guaranty or title insurance issued by a title insurer or title agent authorized to do business in this State. Section 1 also revises the information required to be stated in the affidavit. Section 1 further provides that the power of sale may not be exercised until the beneficiary or its successor in interest or the servicer of the obligation or debt secured by the deed of trust has instructed the trustee to exercise the power of sale. Under sections 2 and 3 of this bill, the amendatory provisions of this bill become effective upon passage and approval and apply to a notice of default and election to sell recorded on or after the effective date of this bill.
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 107.080 is hereby amended to read as follows:
107.080 1. Except as otherwise provided in NRS 106.210, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.
κ2013 Statutes of Nevada, Page 1419 (CHAPTER 302, AB 300)κ
person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.
(b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.
(c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation which, except as otherwise provided in this paragraph, includes a notarized affidavit of authority to exercise the power of sale . [stating, based on personal knowledge and] Except as otherwise provided in subparagraph (5), the affidavit required by this paragraph must state under the penalty of perjury [:] the following information, which must be based on the direct, personal knowledge of the affiant or the personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:
(1) The full name and business address of the current trustee or the current trustees personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the [servicers] current servicer of the obligation or debt secured by the deed of trust . [;]
(2) [The full name and last known business address of every prior known beneficiary of the deed of trust;
(3)] That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust [;
(4) That] or that the beneficiary or its successor in interest or the trustee is entitled to enforce the obligation or debt secured by the deed of trust. For the purposes of this subparagraph, if the obligation or debt is an instrument, as defined in subsection 2 of NRS 104.3103, a beneficiary or its successor in interest or the trustee is entitled to enforce the instrument if the beneficiary or its successor in interest or the trustee is:
(I) The holder of the instrument;
(II) A nonholder in possession of the instrument who has the rights of a holder; or
(III) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to a court order issued under NRS 104.3309.
(3) [trustee has the authority to exercise the power of sale with respect to the property pursuant to the instruction of the beneficiary of record and the current holder of the note secured by the deed of trust;
κ2013 Statutes of Nevada, Page 1420 (CHAPTER 302, AB 300)κ
(5) The] That the beneficiary or its successor in interest, the servicer of the obligation or debt secured by the deed of trust or the trustee, or an attorney representing any of those persons, has sent to the obligor or borrower of the obligation or debt secured by the deed of trust a written statement of:
(I) The amount of payment required to make good the deficiency in performance or payment, avoid the exercise of the power of sale and reinstate the terms and conditions of the underlying obligation or debt existing before the deficiency in performance or payment, as of the date of the statement;
(II) The amount in default [, the] ;
(III) The principal amount of the obligation or debt secured by the deed of trust [, a] ;
(IV) The amount of accrued interest and late charges;
(V) A good faith estimate of all fees imposed [and to be imposed because of the default and the costs and fees charged to the debtor] in connection with the exercise of the power of sale; and
[(6)] (VI) Contact information for obtaining the most current amounts due and the local or toll-free telephone number described in subparagraph (4).
(4) A local or toll-free telephone number that the obligor or borrower of the obligation or debt may call to receive the most current amounts due and a recitation of the information contained in the affidavit.
(5) The date [,] and the recordation number or other unique designation of [the instrument that conveyed the interest of each beneficiary and a description of the instrument that conveyed the interest of each beneficiary.] , and the name of each assignee under, each recorded assignment of the deed of the trust. The information required to be stated in the affidavit pursuant to this subparagraph may be based on:
(I) The direct, personal knowledge of the affiant;
(II) The personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135;
(III) Information contained in the records of the recorder of the county in which the property is located; or
(IV) The title guaranty or title insurance issued by a title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS.
Κ The affidavit described in this paragraph is not required for the exercise of the trustees power of sale with respect to any trust agreement which concerns a time share within a time share plan created pursuant to chapter 119A of NRS if the power of sale is being exercised for the initial beneficiary under the deed of trust or an affiliate of the initial beneficiary.
(d) The beneficiary or its successor in interest or the servicer of the obligation or debt secured by the deed of trust has instructed the trustee to exercise the power of sale with respect to the property.
(e) Not less than 3 months have elapsed after the recording of the notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property.
κ2013 Statutes of Nevada, Page 1421 (CHAPTER 302, AB 300)κ
sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:
(a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; and
(b) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:
(a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;
(b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in the county where the property is situated;
(c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560; and
(d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:
(a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;
(b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and
κ2013 Statutes of Nevada, Page 1422 (CHAPTER 302, AB 300)κ
(c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.
6. If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.
7. If, in an action brought by the grantor or the person who holds title of record in the district court in and for the county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:
(a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;
(b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and
(c) Reasonable attorneys fees and costs,
Κ unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.
8. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.
9. After a sale of property is conducted pursuant to this section, the trustee shall:
(a) Within 30 days after the date of the sale, record the trustees deed upon sale in the office of the county recorder of the county in which the property is located; or
(b) Within 20 days after the date of the sale, deliver the trustees deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustees deed upon sale in the office of the county recorder of the county in which the property is located.
10. If the successful bidder fails to record the trustees deed upon sale pursuant to paragraph (b) of subsection 9, the successful bidder:
(a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorneys fees and the costs of bringing the action; and
(b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 9 and for reasonable attorneys fees and the costs of bringing the action.
11. The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:
(a) A fee of $150 for deposit in the State General Fund.
(b) A fee of $45 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.
κ2013 Statutes of Nevada, Page 1423 (CHAPTER 302, AB 300)κ
may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.
(c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.
12. The fees collected pursuant to paragraphs (a) and (b) of subsection 11 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation as prescribed pursuant to subsection 11. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection 11.
13. The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 11.
14. As used in this section:
(a) Residential foreclosure means the sale of a single family residence under a power of sale granted by this section. As used in this paragraph, single family residence:
(1) Means a structure that is comprised of not more than four units.
(2) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
(b) Trustee means the trustee of record.
Sec. 2. The amendatory provisions of this act apply only to a notice of default and election to sell which is recorded pursuant to NRS 107.080, as amended by this act, on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1424κ
Assembly Bill No. 303Assemblyman Aizley
CHAPTER 303
[Approved: June 1, 2013]
AN ACT relating to the Public Employees Benefits Program; revising provisions relating to the subsidy for coverage of certain retired persons under the Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the payment of a subsidy to cover a portion of the cost of the coverage provided through the Public Employees Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., which is commonly known as Medicare, to persons who were initially hired before January 1, 2012, and who retire with state service. The amount of this subsidy is established by the Legislature each biennium. (NRS 287.046; section 2 of chapter 421, Statutes of Nevada 2011, at pp. 2574-75) This bill authorizes the Board of the Public Employees Benefits Program to approve the payment of an additional amount to increase the subsidy of such retired persons above the amount established by the Legislature for the biennium for those retired persons from any money that is available for that purpose, such as excess reserves.
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 287.046 is hereby amended to read as follows:
287.046 1. The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who were initially hired before January 1, 2012, and have retired with state service.
2. The money assessed pursuant to subsection 1 must be deposited into the Retirees Fund and must be based upon a base amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for persons who retired before January 1, 1994, or for persons who retire on or after January 1, 1994, as adjusted by subsection 5.
3. Except as otherwise provided in subsections 7 and 8, the portion to be paid to the Program from the Retirees Fund on behalf of such persons must be equal to a portion of the cost for each retiree and the retirees dependents who are enrolled in the plan, as defined for each year of the plan by the Program.
4. Except as otherwise provided in subsection 6, the portion of the amount approved by the Legislature as described in subsection 2 to be paid to the Program from the Retirees Fund for persons who retired before January 1, 1994, with state service is the base funding level defined for each year of the plan by the Program.
5. Except as otherwise provided in subsection 6, adjustments to the portion of the amount approved by the Legislature as described in subsection 2 to be paid by the Retirees Fund for persons who retire on or after January 1, 1994, with state service must be as follows:
κ2013 Statutes of Nevada, Page 1425 (CHAPTER 303, AB 303)κ
(a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.
(b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.
6. The portion to be paid to the Program from the Retirees Fund on behalf of a retired person whose coverage is provided through the Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., must be:
(a) For persons who retired before January 1, 1994, the base funding level defined by the Legislature multiplied by 15.
(b) For persons who retired on or after January 1, 1994, the base funding level defined by the Legislature multiplied by the number of years of service of the person, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of 20 years of service.
Κ The Board may approve the payment of an additional amount to retired persons described in this subsection that is in excess of the amount paid pursuant to paragraph (a) or (b), or both, for those persons from any money that is available for that purpose.
7. No money may be paid by the Retirees Fund on behalf of a retired person who is initially hired by the State:
(a) On or after January 1, 2010, but before January 1, 2012, and who:
(1) Has not participated in the Program on a continuous basis since retirement from such employment; or
(2) Does not have at least 15 years of service, which must include state service and may include local governmental service, unless the retired person does not have at least 15 years of service as a result of a disability for which disability benefits are received under the Public Employees Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and has participated in the Program on a continuous basis since retirement from such employment.
(b) On or after January 1, 2012. The provisions of this paragraph must not be construed to prohibit a retired person who was hired on or after January 1, 2012, from participating in the Program until the retired person is eligible for coverage under an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq. The retired person shall pay the entire premium or contribution for his or her participation in the Program.
8. If the amount calculated pursuant to subsection 5 or 6 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.
9. For the purposes of this section:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
κ2013 Statutes of Nevada, Page 1426 (CHAPTER 303, AB 303)κ
(b) No proration may be made for a partial year of service.
10. The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and the retired participants dependents to the retired participant and to the retired participants dependents who elect to continue coverage under the Program after the retired participants death.
Sec. 2. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 306Assemblymen Horne; Bustamante Adams, Carrillo, Cohen, Frierson, Hickey, Martin, Munford and Sprinkle
Joint Sponsors: Senators Segerblom; and Atkinson
CHAPTER 304
[Approved: June 1, 2013]
AN ACT relating to certain regulated professions; revising the definition of private investigator; exempting certain activities from the applicability of provisions of existing law governing private investigators and related professions; revising provisions governing employees of certain licensees; requiring certain licensees to maintain a principal place of business in this State; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill revises the definition of the term private investigator to include certain activities relating to investigations into computerized data not available to the public and certain crimes and torts. Section 2 of this bill revises the applicability of provisions governing private investigators and related professions to exempt from the requirements for licensure certain persons who perform maintenance or repair of computers under certain circumstances.
Section 6 of this bill requires a person licensed to engage in the business of a private investigator, private patrol officer, process server, repossessor, dog handler, security consultant, or polygraphic examiner or intern to maintain a principal place of business in this State. Section 5 of this bill requires that a licensee post his or her license in a conspicuous place in the licensees principal place of business in this State. Section 4 of this bill requires a licensee to: (1) ensure that every registered person employed in this State by the licensee is supervised by a licensee who is physically located in this State; and (2) maintain at a location in this State records relating to employment, compensation, licensure and registration of 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. NRS 648.012 is hereby amended to read as follows:
648.012 Private investigator means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining, including, without limitation, through the review, analysis and investigation of computerized data not available to the public, information with reference to:
κ2013 Statutes of Nevada, Page 1427 (CHAPTER 304, AB 306)κ
including, without limitation, through the review, analysis and investigation of computerized data not available to the public, information with reference to:
1. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;
2. The location, disposition or recovery of lost or stolen property;
3. The cause or responsibility for fires, libels, losses, accidents or damage or injury to persons or to property;
4. A crime or tort that has been committed, attempted, threatened or suspected, except an expert witness or a consultant who is retained for litigation or a trial, or in anticipation of litigation or a trial, and who performs duties and tasks within his or her field of expertise that are necessary to form his or her opinion;
5. Securing evidence to be used before any court, board, officer or investigating committee; or
[5.] 6. The prevention, detection and removal of surreptitiously installed devices for eavesdropping or observation.
Sec. 2. NRS 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his or her official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his or her official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any private investigator, private patrol officer, process server, dog handler or security consultant employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
5. To a repossessor employed exclusively by one employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
6. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
7. To a charitable philanthropic society or association incorporated under the laws of this State which is organized and maintained for the public good and not for private profit.
8. To an attorney at law in performing his or her duties as such.
9. To a collection agency unless engaged in business as a repossessor, licensed by the Commissioner of Financial Institutions, or an employee thereof while acting within the scope of his or her employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her assets and of property which the client has an interest in or lien upon.
κ2013 Statutes of Nevada, Page 1428 (CHAPTER 304, AB 306)κ
investigation of the location of a debtor or his or her assets and of property which the client has an interest in or lien upon.
10. To admitted insurers and agents and insurance brokers licensed by the State, performing duties in connection with insurance transacted by them.
11. To any bank organized pursuant to the laws of this State or to any national bank engaged in banking in this State.
12. To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.
13. To any commercial registered agent, as defined in NRS 77.040, who obtains copies of, examines or extracts information from public records maintained by any foreign, federal, state or local government, or any agency or political subdivision of any foreign, federal, state or local government.
14. To any holder of a certificate of certified public accountant issued by the Nevada State Board of Accountancy pursuant to chapter 628 of NRS while performing his or her duties pursuant to the certificate.
15. To a person performing the repair or maintenance of a computer who performs a review or analysis of data contained on a computer solely for the purposes of diagnosing a computer hardware or software problem and who is not otherwise engaged in the business of a private investigator.
Sec. 3. NRS 648.080 is hereby amended to read as follows:
648.080 Every application for a license must contain:
1. A detailed statement of the applicants personal history on the form specified by the Board. If the applicant is a corporation, the application must include such a statement concerning each officer and director.
2. A statement of the applicants financial condition on the form specified by the Board. If the applicant is a corporation, the application must include such a statement concerning each officer and director.
3. [A specific description of the location] The complete address of the principal place of business of the applicant [, the] in this State and of each branch office or other place of business of the applicant in this State.
4. The business or businesses in which the applicant intends to engage and the category or categories of license he or she desires.
[4.] 5. A complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
[5.] 6. A recent photograph of the applicant or, if the applicant is a corporation, of each officer and director.
[6.] 7. Evidence supporting the qualifications of the applicant in meeting the requirements for the license for which he or she is applying.
[7.] 8. If the applicant is not a natural person, the full name and residence address of each of its partners, officers, directors and manager, and a certificate of filing of a fictitious name.
[8.] 9. Such other facts as may be required by the Board to show the good character, competency and integrity of each signatory.
Sec. 4. NRS 648.140 is hereby amended to read as follows:
648.140 1. Any license obtained pursuant to the provisions of this chapter gives the licensee or any bona fide employee of the licensee authority to engage in the type of business for which he or she is licensed in any county or city in the State of Nevada. A county or city shall not enact ordinances regulating persons licensed pursuant to this chapter, except general business regulations designed to raise revenue or assure compliance with building codes and ordinances or regulations concerning zoning and safety from fire.
κ2013 Statutes of Nevada, Page 1429 (CHAPTER 304, AB 306)κ
general business regulations designed to raise revenue or assure compliance with building codes and ordinances or regulations concerning zoning and safety from fire.
2. Except for polygraphic examiners and interns, a licensee may employ, in connection with his or her business, as many persons registered pursuant to this chapter as may be necessary, but at all times every licensee [is] :
(a) Shall ensure that each registered person employed in this State by the licensee is supervised by a licensee who is physically present in this State; and
(b) Is accountable for the good conduct of every person employed by the licensee in connection with his or her business.
3. Each licensee shall [furnish] :
(a) Maintain at a location within this State records relating to the employment, compensation, licensure and registration of employees;
(b) Furnish the Board with the information requested by it concerning all employees registered pursuant to this chapter, except clerical personnel ; [,] and [shall notify]
(c) Notify the Board within 3 days after such employees begin their employment.
Sec. 5. NRS 648.142 is hereby amended to read as follows:
648.142 1. The license, when issued, shall be in such form as may be determined by the Board and shall include:
(a) The name of the licensee.
(b) The name under which the licensee is to operate.
(c) The number and date of the license.
(d) The expiration date of the license.
(e) If the licensee is a corporation, the name of the person or persons affiliated with the corporation on the basis of whose qualifications such license is issued.
(f) The classification or classifications of work which the license authorizes.
2. The license shall at all times be posted in a conspicuous place in the licensees principal place of business [of the licensee.] in this State.
3. Upon the issuance of a license, a pocket card of such size, design and content as may be determined by the Board shall be issued without charge to each licensee, if an individual, or if the licensee is a person other than an individual, to its manager and to each of its officers, directors and partners, which card shall be evidence that the licensee is duly licensed pursuant to this chapter. When any person to whom a card is issued terminates his or her position, office or association with the licensee, the card shall be surrendered to the licensee and within 5 days thereafter shall be mailed or delivered by the licensee to the Board for cancellation.
4. A licensee shall, within 30 days after such change, notify the Board of any and all changes of his or her address, of the name under which the licensee does business, and of any change in its officers, directors or partners.
5. A license issued under this chapter is not assignable.
Sec. 6. NRS 648.148 is hereby amended to read as follows:
648.148 1. Each licensee shall [file] :
(a) Maintain a principal place of business in this State; and
(b) File with the Board the complete address of his or her principal place of business in this State, including the name and number of the street, or, if the street where the business is located is not numbered, the number of the post office box.
κ2013 Statutes of Nevada, Page 1430 (CHAPTER 304, AB 306)κ
the street where the business is located is not numbered, the number of the post office box. The Board may require the filing of other information for the purpose of identifying such principal place of business.
2. Every advertisement by a licensee soliciting or advertising business shall contain the licensees name and [address] the number of the licensees license as they appear in the records of the Board.
________
Assembly Bill No. 346Assemblymen Bobzien, Pierce; Daly, Diaz and Sprinkle
Joint Sponsor: Senator Segerblom
CHAPTER 305
[Approved: June 1, 2013]
AN ACT relating to mining; requiring certain plans for reclamation of an exploration project or mining operation to provide for public nonmotorized access to the water level of a pit lake; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person who applies for a permit for a mining operation from the Division of Environmental Protection of the State Department of Conservation and Natural Resources must file with the Division a plan for the reclamation of any land damaged as a result of the mining operation. (NRS 519A.210) Existing law also requires a person who applies for a permit to engage in an exploration project to agree in writing to assume responsibility for the reclamation of any surface area damaged as a result of the exploration project. (NRS 519A.190) Existing law imposes certain requirements on a plan for reclamation regarding the timing of reclamation activities, the provision of vegetative cover and the stability of the land disturbed by the mining operation or exploration project. The operator of the mining operation or exploration project may request from the Division an exception for open pits and rock faces which may not be feasible to reclaim. If such an exception is granted, the Division must require the operator to take sufficient measures to ensure public safety. (NRS 519A.230) Section 3 of this bill requires that a plan for reclamation of an exploration project or mining operation must provide for the reclamation of a pit lake if the pit lake will have a predicted filled surface area of more than 200 acres. The plan for reclamation for such a pit lake must, if feasible, and subject to the right of the landowner to determine the final and ultimate use of the premises, provide for at least one point of public nonmotorized access for traffic to the water level of the pit lake. Section 3 also provides that certain past or present owners, operators, lessees or occupants of the premises for which public access to a pit lake is provided pursuant to a plan for reclamation owe no duty to keep the premises safe or to give warning of certain hazardous conditions, and do not incur liability for certain injuries that may occur on the premises in certain circumstances. Section 4 of this bill requires that an operator who has an ongoing reclamation plan on file with the Division before October 1, 2013, and whose mining operation or exploration project resulted in or included a pit lake provide, on or before July 1, 2014, if feasible, and subject to the right of the landowner to determine the final and ultimate use of the premises, for at least one point of public nonmotorized access to the pit lake as required in section 3.
κ2013 Statutes of Nevada, Page 1431 (CHAPTER 305, AB 346)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:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 519A.230 is hereby amended to read as follows:
519A.230 1. A plan for reclamation must provide:
(a) That reclamation activities, particularly those relating to the control of erosion, must be conducted simultaneously with the mining operation to the extent practicable, and otherwise must be initiated promptly upon the completion or abandonment of the mining operation in any area that will not be subject to further disturbance. Reclamation activities must be completed within the time set by the regulations adopted by the Commission pursuant to NRS 519A.160.
(b) For vegetative cover if appropriate to the future use of the land.
(c) For the reclamation of all land disturbed by the exploration project or mining operation to a stability comparable to that of adjacent areas.
2. The operator may request the Division to grant an exception for open pits and rock faces which may not be feasible to reclaim. If an exception is granted, other than for a pit lake for which public access is provided in a plan for reclamation pursuant to subsection 3, the Division shall require the operator to take sufficient measures to ensure public safety.
3. Except as otherwise provided in this subsection, for a pit lake that will have a predicted filled surface area of more than 200 acres, a plan for reclamation must provide, in consultation with the operator and each landowner, including any federal land manager, and, if feasible, for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity. This subsection:
(a) Must not be construed to impede the ability of any landowner, including any federal land manager, of any premises on which a pit lake is located to determine the final and ultimate use of those premises;
(b) Does not require any landowner, including any federal land manager, who is consulted pursuant to this subsection to agree to allow access to any pit lake; and
(c) Does not alter any contract or agreement entered into before October 1, 2013, between an operator and a landowner, including any federal land manager.
4. A protected person with respect to any premises for which public access to a pit lake is provided in a plan for reclamation pursuant to subsection 3 owes no duty to keep the premises, including, without limitation, the access area and the pit lake and its surroundings, safe for entry or use by any other person for participation in any activity, or to give a warning of any hazardous condition, activity or use of the premises to any person entering the premises.
5. If a protected person gives permission to another person to access or engage in any activity with respect to any premises specified in subsection 4, the protected person does not thereby extend any assurance that the premises are safe for that activity or any other purpose or assume responsibility for or incur any liability for any injury to any person or property caused by any act of a person to whom the permission is granted.
κ2013 Statutes of Nevada, Page 1432 (CHAPTER 305, AB 346)κ
The provisions of this subsection do not confer any liability upon a protected person for any injury to any other person or property, whether actual or implied, or create a duty of care or ground of liability for any injury to any person or property.
6. Except in the case of an emergency, an operator shall not depart from an approved plan for reclamation without prior written approval from the Division.
[4.] 7. Reclamation activities must be economically and technologically practicable in achieving a safe and stable condition suitable for the use of the land.
8. As used in this section:
(a) Pit lake means a body of water that has resulted, after the completion of an exploration project or mining operation, from an open pit that has penetrated the water table of the area in which the pit is located.
(b) Protected person means any past or present:
(1) Owner of any estate or interest in any premises for which public access to a pit lake is provided in a plan for reclamation pursuant to subsection 3;
(2) Operator of all or any part of the premises, including, without limitation, any entity that has conducted or is conducting a mining operation or any reclamation activity with respect to the premises;
(3) Lessee or occupant of all or any part of the premises; or
(4) Contractor, subcontractor, employee or agent of any such owner, operator, lessee or occupant.
Sec. 4. 1. On or before July 1, 2014, a plan for reclamation of an exploration project or mining operation filed with the Division of Environmental Protection of the State Department of Conservation and Natural Resources before October 1, 2013, that includes a pit lake having a filled surface area of more than 200 acres must provide, in consultation with the operator of the exploration project or mining operation and each landowner, including any federal land manager, and, if feasible, for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity. If it is determined that such access is warranted, the plan for reclamation may be amended and refiled. This subsection:
(a) Must not be construed to impede the ability of any landowner, including any federal land manager, of any premises on which a pit lake is located to determine the final and ultimate use of those premises;
(b) Does not require any landowner, including any federal land manager, who is consulted pursuant to this subsection to agree to allow access to any pit lake; and
(c) Does not alter any contract or agreement entered into before October 1, 2013, between an operator and a landowner, including any federal land manager.
2. As used in this section, pit lake has the meaning ascribed to it in subsection 8 of NRS 519A.230, as amended by section 3 of this act.
________
κ2013 Statutes of Nevada, Page 1433κ
Assembly Bill No. 348Assemblymen Frierson, Spiegel, Carrillo, Diaz, Dondero Loop; Cohen and Fiore
CHAPTER 306
[Approved: June 1, 2013]
AN ACT relating to foster care; establishing certain requirements for the operation of a foster care agency; requiring a foster care agency to create and maintain reports on its programs and services; allowing a foster care agency to encourage and assist a potential foster home to apply for a license; requiring a contract between a foster care agency and a provider of foster care with which the foster care agency places a child; requiring a foster care agency to provide certain services to each foster home in which the foster care agency places children; providing for the operation of independent living foster homes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Division of Child and Family Services of the Department of Health and Human Services is required to adopt regulations relating to the licensure and operation of foster homes and foster care agencies. (NRS 424.020, 424.093) Sections 4-6 of this bill establish certain requirements for the governance of a foster care agency. Sections 8-14 of this bill establish certain requirements for owners, members of the governing body, employees, paid consultants, contractors, volunteers and vendors of a foster care agency. Section 15 of this bill requires a foster care agency to create and maintain an annual report on each program or service the agency provides. Section 16 of this bill allows a foster care agency to identify potential foster homes and encourage a potential foster home to apply for licensure. Section 17 of this bill requires a foster care agency to coordinate the submission of applications for licensure as a foster home to the licensing authority and to conduct a home study of each applicant. Section 18 of this bill requires a foster care agency to execute a contract containing certain provisions with each provider of foster care with whom the foster care agency places a child and to make each such contract available to the licensing authority upon request. Sections 19 and 20 of this bill require a foster care agency which places children in a specialized foster home or an independent living foster home to develop and implement certain provisions relating to the care the foster home provides. Section 21 of this bill requires a foster care agency to provide support to and to review and evaluate its contracted foster homes. Sections 22 and 23 of this bill require a foster care agency to make crisis intervention available to its contracted foster homes and to report certain potential violations to the licensing authority. Section 24 of this bill: (1) prohibits a foster care agency from accepting certain children for placement in certain circumstances; and (2) requires a foster care agency to give priority to assisting with the placement of children from an agency which provides child welfare services or a juvenile court. Section 25 of this bill requires a foster care agency to monitor and evaluate its programs and services and implement any necessary improvements to its programs and services revealed by its evaluations.
Section 35 of this bill prohibits a foster home from accepting a child placed by a juvenile court without the approval of the licensing authority. Section 35 also requires a specialized foster home or a group foster home to maintain a policy of general liability insurance. Section 36 of this bill revises the crimes that preclude a person from being employed by or being a resident of a foster home. Section 44 of this bill allows a licensing authority to release certain information at the request of a provider of foster care.
Sections 2, 34, 35, 38, 41, 42, 48, 50 and 54 of this bill provide for the licensing and regulation of independent living foster homes.
κ2013 Statutes of Nevada, Page 1434 (CHAPTER 306, AB 348)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. Independent living foster home means a foster home which provides assistance with the transition to independent living for children who have entered into an agreement to transition to independent living and for children who:
1. Are at least 16 years of age but less than 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
2. Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
3. Are received, cared for and maintained for compensation or otherwise, including the provision of free care.
Sec. 3. Juvenile court has the meaning ascribed to it in NRS 62A.180.
Sec. 4. 1. A foster care agency must:
(a) Be organized as a business entity that is registered with the Secretary of State and holds a valid state business license pursuant to chapter 76 of NRS;
(b) Have a governing body, at least one member of which has knowledge of and experience in the programs and services offered by the foster care agency; and
(c) Operate under articles of incorporation.
2. The governing body of a foster care agency must have a written constitution or bylaws which prescribe the responsibility for the operation and maintenance of the foster care agency and which must include, without limitation, provisions that:
(a) Define the qualifications for and types of membership on the governing body;
(b) Specify the process for selecting members of the governing body, the terms of office for the members and officers of the governing body and orientation for new members of the governing body;
(c) Specify how frequently the governing body must meet; and
(d) Specify prohibited conflicts of interest of members of the governing body and employees, volunteers and independent contractors of the foster care agency.
3. The governing body of a foster care agency shall appoint a person to provide oversight of the foster care agency who meets the qualifications described in section 8 of this act.
4. If the foster care agency is organized in another state, the governing body must meet at least once each year within this State or have a subcommittee whose members are residents of this State, one of whom is a member of the governing body, which is responsible to the governing body for ensuring that the foster care agency complies with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 5. The governing body of a foster care agency must be responsible for:
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1. Ensuring that the foster care agency is and remains fiscally sound;
2. Overseeing the management and operations of the programs and services offered by the foster care agency;
3. Ensuring that the foster care agency remains in compliance with the rules and policies of the governing body; and
4. Ensuring that the foster care agency complies with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 6. The governing body shall submit annually to the licensing authority or its designee:
1. The name, address, contact information, position held on the governing body and any other information required by the licensing authority of each member of the governing body;
2. A copy of the articles of incorporation, constitution and bylaws of the foster care agency;
3. Evidence satisfactory to the licensing authority that the foster care agency has the ability to financially support and sustain its activities, which may include, without limitation, financial statements and budgets;
4. A report from an independent auditor of the complete financial information for the foster care agency for the immediately preceding fiscal year;
5. A statement of purpose; and
6. An organizational chart or other chart that sets forth the structure of the foster care agency which includes, without limitation, a job description for each position listed in the chart.
Sec. 7. (Deleted by amendment.)
Sec. 8. 1. The person appointed to provide oversight of a foster care agency by the governing body of the foster care agency pursuant to section 4 of this act must have:
(a) A bachelors degree or more advanced degree from an accredited college or university; and
(b) At least 7 years of experience in an agency or program which provides social services, including at least 3 years of experience as an administrator, supervisor or consultant.
2. The person appointed to provide oversight of a foster care agency is responsible for the day-to-day operations of the foster care agency, including, without limitation, employing such staff as he or she deems necessary to provide administrative services and services to families and children. The staff may include, without limitation:
(a) Program supervisors who are responsible for the supervision of members of the staff and activities relating to foster care and for assisting in formulating and carrying out the policies and programs of the foster care agency. Each program supervisor must have a bachelors degree or more advanced degree from an accredited college or university and at least 3 years of experience in providing services to children and their families, including at least 1 year of experience as an administrator or supervisor.
(b) Caseworkers who support the operations of the foster care agency, including, without limitation, to work with children and families, perform home studies, support service plans for individualized cases and treatments, prepare and maintain records and coordinate services for children and families. Each caseworker must have:
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(1) A bachelors degree from an accredited college or university in the field of social work or a field related to social work, which may include, without limitation, psychology, sociology, education or counseling; or
(2) A bachelors degree from an accredited college or university in any field and at least 2 years of experience in providing services to children and their families.
Sec. 9. 1. The foster care agency may accept volunteers to provide certain specified services for the foster care agency. The foster care agency shall not rely solely upon volunteers to provide any service.
2. If the foster care agency accepts volunteers pursuant to subsection 1, the foster care agency must have a written plan for the selection, training, supervision and assignment of volunteers, and each volunteer who performs an activity that would otherwise be performed by a member of the staff must meet the same qualifications that would be required for the member of the staff.
Sec. 10. 1. The foster care agency shall develop and carry out a written plan for the orientation, training, supervision and evaluation of members of the staff.
2. The orientation must include, without limitation, information on the policies and procedures of the foster care agency, goals for the programs and services of the foster care agency, the responsibilities of members of the staff and the provisions of this chapter and the regulations adopted pursuant thereto that relate to licensing. The training must include, without limitation, any training required by the licensing authority. Each member of the staff must be evaluated at least once each year.
3. The foster care agency shall maintain comprehensive written policies and procedures for the personnel, services and programs of the foster care agency and make the policies and procedures readily available to the members of the staff and to the licensing authority.
4. The foster care agency shall maintain comprehensive records for personnel that, upon request, must be made available to the licensing authority.
Sec. 11. 1. The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;
(c) Assault with intent to kill or to commit sexual assault or mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;
(e) Abuse or neglect of a child or contributory delinquency;
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(f) 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;
(g) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;
(i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;
(k) A crime involving domestic violence that is punishable as a felony;
(l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or
(o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.
2. Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person is completed.
3. The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.
Sec. 12. 1. Each applicant for or holder of a license to conduct a foster care agency, and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, must submit to the licensing authority or its approved designee:
(a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to section 11 of this act; and
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History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to section 11 of this act; and
(b) Written permission to conduct a child abuse and neglect screening.
2. For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.
3. The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
4. When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.
5. Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether the person has been arrested for, has charges pending for or has been convicted of a crime listed in section 11 of this act.
6. The licensing authority shall immediately inform the foster care agency whether an owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of the foster care agency who may come into direct contact with a child placed by the foster care agency has been arrested for, has charges pending for or has been convicted of a crime listed in section 11 of this act.
Sec. 13. 1. Upon receiving information from the licensing authority or its approved designee pursuant to section 12 of this act or evidence from any other source that an owner, member of the governing body, employee, consultant, contractor, volunteer or vendor of a foster care agency who may come into direct contact with a child placed by the foster care agency has been arrested for, has charges pending for or has been convicted of a crime listed in section 11 of this act, the foster care agency shall terminate the employment, contract or volunteer activities of the person after allowing the person time to correct the information as required pursuant to subsection 2.
2. If a person believes that the information provided about him or her pursuant to subsection 1 is incorrect, the person must inform the foster care agency immediately. A foster care agency that is so informed shall give the person 30 days to correct the information.
3. During the period in which a person seeks to correct information pursuant to subsection 2, it is within the discretion of the foster care agency whether to allow the person to continue to be associated with the foster care agency, except that the person must not have contact with a child in any foster home without supervision during any such period.
Sec. 14. A member of the governing body, employee, consultant, contractor, volunteer or vendor of a foster care agency may not:
1. Be a provider of foster care who has a contract with the foster care agency for the placement of children unless approved by the licensing authority; or
2. Be a biological parent of a child in the custody of an agency which provides child welfare services or of a child placed by a juvenile court in a foster home operated by the foster care agency.
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Sec. 15. 1. A foster care agency shall create and maintain an annual report concerning each program or service provided by the foster care agency.
2. The report must include, without limitation, a description of each program or service provided by the foster care agency, the goals for the program or service relating to family foster homes, specialized foster homes, independent living foster homes and group foster homes and information relating to any special populations of children served, including, without limitation, children who require special care for physical, mental or emotional issues or who were placed in a foster home by a juvenile court.
Sec. 16. 1. A foster care agency may identify potential foster homes and encourage a potential foster home to apply to the licensing authority for a license to conduct a foster home.
2. A foster care agency shall ensure that each person with whom it contracts as a provider of foster care receives any training required by the provisions of this chapter or by the licensing authority, including, without limitation, specific training to meet the needs of a population that requires specific services.
Sec. 17. 1. A foster care agency shall coordinate the submission of applications for the licensing of prospective foster homes with the licensing authority.
2. A foster care agency shall conduct a fair and impartial investigation of the home and standards of care for each prospective foster home.
3. Upon receiving a completed application for a prospective foster home from a foster care agency, the licensing authority must review the qualifications of the prospective foster home to be licensed pursuant to NRS 424.030.
4. The licensing authority may provide any training it determines to be necessary to a foster care agency for the foster care agency to fulfill the provisions of this section.
Sec. 18. 1. A foster care agency may not assist an agency which provides child welfare services or a juvenile court in the placement of a child in foster care unless a contract exists between the foster care agency and the provider of foster care for the placement of children. Such a contract must include, without limitation, provisions that:
(a) Allow the provider of foster care to change its affiliation with the foster care agency or to terminate its affiliation with the foster care agency and become affiliated with a different foster care agency.
(b) Specify the type of foster home and related services that the provider of foster care will provide on behalf of the foster care agency, including, without limitation, the services that each party agrees to provide for foster children, biological families and foster families.
(c) Specify the financial responsibilities of each party, including, without limitation, payment for both foster care and for any other expenses or services rendered, including, without limitation, providing clothing for children in its care.
(d) Waive the right of the provider of foster care to confidentiality relating to any investigations for licensing or child protective services and allow the agency which provides child welfare services and the licensing authority to share any related information about an investigation with the foster care agency after the investigation is completed.
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authority to share any related information about an investigation with the foster care agency after the investigation is completed.
(e) State how emergencies which occur during and outside regular business hours will be handled.
(f) Require arrangements to be made for foster children to have visitation with their biological families.
(g) Describe expectations which ensure that children will receive appropriate medical, dental, mental health, psychological and psychiatric treatment, including, without limitation, how transportation will be provided.
(h) Require the provider of foster care to adhere to the provisions of this chapter and the regulations adopted pursuant thereto relating to licensing.
(i) State that the parties agree that the licensing authority maintains the responsibility to protect the best interests of each child, which may include removing a child from the placement with the provider of foster care if the licensing authority determines that removal is in the best interests of the child.
(j) Include the acknowledgment by the parties of any provisions determined to be appropriate by the licensing authority.
2. The foster care agency, upon request, shall make each such contract available to the licensing authority within a reasonable period after receiving its request.
Sec. 19. 1. A foster care agency which places children in a specialized foster home shall develop and carry out written policies and procedures relating to children placed in specialized foster homes which must include, without limitation:
(a) The service and treatment philosophy of the foster care agency for children with physical, mental or emotional issues and children who are placed in a specialized foster home by a juvenile court;
(b) Specific treatment techniques that the foster care agency plans to approve for use with children described in paragraph (a) and their families;
(c) Specific strategies for behavior management that the foster care agency will allow providers of foster care to use with children described in paragraph (a); and
(d) Adequate staffing to provide the intensity of services required when caring for children described in paragraph (a).
2. A foster care agency shall require a provider of foster care to serve as an active participant in the treatment or care plan of a child who is placed in a specialized foster home. The foster care agency shall:
(a) Provide services to support the provider of foster care in reducing barriers in caring for and supporting any children placed in a specialized foster home;
(b) Arrange or provide support for the provider of foster care to arrange for the child to receive appropriate clinical services, including, without limitation, psychiatric, psychological and medication management services; and
(c) Ensure cooperation between the employees of the foster care agency, the provider of foster care, the child and the biological family of the child in meeting the goals of the childs treatment plan.
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3. A foster care agency which places children in a specialized foster home shall have a written plan for alternative care in the event of an emergency if the placement of the child into a specialized foster home disrupts that specialized foster home.
Sec. 20. 1. A foster care agency which places children in an independent living foster home shall develop and implement written policies and procedures relating to children placed in independent living foster homes which must include, without limitation:
(a) A process for ensuring that a potential location for an independent living arrangement meets any standards required by the licensing authority and is evaluated on a regular basis to ensure that it continues to meet such standards;
(b) A procedure for approving a location for an independent living arrangement;
(c) Criteria and procedures for intake and admission into the independent living foster home and discharge from the independent living foster home, including, without limitation, procedures to ensure that the child will be discharged into the care of his or her legal guardian if he or she is less than 18 years of age at the time of his or her discharge;
(d) The conditions under which a child may be discharged from the independent living foster home, including, without limitation, criteria and procedures for implementing an emergency discharge of the child;
(e) Criteria and procedures for terminating the approval of a location for an independent living arrangement;
(f) A detailed plan for determining and maintaining the supervision and visitation of each child after he or she has been placed in a location for an independent living arrangement; and
(g) The types of services that the provider of foster care will obtain or provide to meet the needs of the child during the placement.
2. A foster care agency which places children in an independent living foster home shall coordinate with the provider of foster care to:
(a) Ensure that each child is enrolled in academic, vocational education or career and technical education services appropriate to meet the needs of the child;
(b) Monitor the educational progress of each child as often as necessary;
(c) Assist each child in obtaining routine and emergency medical care and dental care;
(d) Evaluate the needs of each child for financial assistance upon intake and monthly thereafter or more often if necessary;
(e) Provide the resources to meet the basic needs of each child, including, without limitation, clothing, food and shelter;
(f) Provide assistance to each child in locating, securing and maintaining employment;
(g) Provide training in life skills to meet the needs of each child;
(h) Support each child who remains under the jurisdiction of a court pursuant to NRS 432B.594; and
(i) Obtain and provide a system for responding to a crisis that is accessible to the child 24 hours a day, 7 days a week, including holidays, and provide training to each child on how to access and use the system.
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3. A foster care agency which places children in an independent living foster home shall provide an orientation and training to each child admitted to its program for independent living.
Sec. 21. 1. A foster care agency shall provide support to each foster home with which the foster care agency has a contract for the placement of children in arranging for and accessing medical, dental, mental health, psychological and psychiatric treatment for children. The foster care agency shall ensure that each child placed in a foster home with which the foster care agency has a contract for the placement of children receives appropriate treatment and may exercise any rights granted pursuant to this chapter or chapter 432B of NRS that are necessary to discharge this duty. The foster care agency shall ensure that the provider of foster care provides medical records and any related documentation to the licensing authority or its designee.
2. A foster care agency shall ensure that each child in its care has his or her own supply of clothing appropriate for indoors and outdoors that is in good condition and suitable for the season.
3. When a foster home with which the foster care agency has a contract for the placement of children does not have any children placed in the home, the foster care agency must visit the home at least once every 60 days to review whether it remains in compliance with the requirements of this chapter and any regulations adopted pursuant thereto and, when necessary, notify the licensing authority of any potential violations.
4. In addition to any other review that a foster care agency performs of a foster home with which the foster care agency has a contract for the placement of children, a foster care agency shall conduct a review of the foster home any time a critical event occurs in that home and report the event to the licensing authority. As used in this subsection, critical event includes, without limitation:
(a) The death or disability of a family member;
(b) The sudden onset of a health condition that may impair the ability of a provider of foster care to care for the child;
(c) A change in marital status;
(d) A change in home address;
(e) A sudden or substantial loss of income; and
(f) The birth of a child.
5. A foster care agency shall conduct an evaluation of each foster home with which the foster care agency has a contract for the placement of children at least once each year and submit the results of the evaluation to the licensing authority or its designee. The evaluation must include:
(a) An interview with the provider of foster care and an assessment of the ability of the provider of foster care to relate to children, to help children reach their personal and educational goals, to work with children with particular issues and needs, to establish and maintain a consistent and stable environment with children and to work with biological families to support reunification to the extent that reunification is determined to be consistent with the plan for the permanent placement of the child pursuant to NRS 432B.393.
(b) An interview with each child placed in the foster home that includes a description of the relationship between each child placed in the foster home and each family member; and
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(c) A detailed review of each instance where a child was placed in the foster home and subsequently removed from the home and a description of the reasons for the removal.
Sec. 22. 1. A foster care agency shall provide crisis intervention and assistance 24 hours a day, 7 days a week, including holidays, to each foster home with which the foster care agency has a contract for the placement of children.
2. Employees of the foster care agency who provide crisis intervention and assistance must be trained in and competent to handle a crisis situation and to provide necessary services to children and families to ensure child safety, permanency and well-being. The foster care agency shall train and encourage each provider of foster care to use techniques to support positive behavior that emphasize principles and methods to help children achieve desired behavior in a constructive and safe manner.
Sec. 23. 1. A provider of foster care shall not use physical restraint on a child placed with the provider unless the child presents an imminent threat of danger of harm to himself or herself or others.
2. A foster care agency shall notify the licensing authority or its designee when any serious incident, accident or injury occurs to a child in its care within 24 hours after the incident, accident or injury. The foster care agency shall provide a written report to the licensing authority or its designee as soon as practicable after notifying the licensing authority or its designee. The written report must include, without limitation, the date and time of the incident, accident or injury, any action taken as a result of the incident, accident or injury, the name of the employee of the foster care agency who completed the written report and the name of the employee of the licensing authority or its designee who was notified.
3. A foster care agency shall report any potential violation of the provisions of this chapter or any regulations adopted pursuant thereto relating to licensing to the licensing authority within 24 hours after an employee of the foster care agency becomes aware of the potential violation. A foster care agency shall cooperate with the licensing authority in its review of such reports and support each foster home with which the foster care agency has a contract for the placement of children in completing any action required to correct a violation.
4. A foster care agency shall fully comply with any investigation of a report of the abuse or neglect of a child pursuant to NRS 432B.220.
Sec. 24. 1. A foster care agency shall notify the licensing authority before the foster care agency authorizes the placement of a child who is not being placed through the licensing authority or a juvenile court.
2. A foster care agency may not agree to place a child who is relocating from another state unless the foster care agency first consults the licensing authority to determine whether the provisions of the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, or the Interstate Compact for Juveniles pursuant to NRS 62I.015 apply. If the licensing authority determines that the provisions of either Compact apply, the foster care agency may not agree to place the child unless the placement would not violate the provisions of the Compact.
3. A foster care agency shall give priority to assisting with the placement of a child by an agency which provides child welfare services or a juvenile court.
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Sec. 25. 1. Each foster care agency shall develop and carry out a written plan to monitor and evaluate the quality and effectiveness of its programs and services on a systemic and ongoing basis.
2. The written plan must describe the methods for the collection, summarization and analysis of data and information and include factors defined by the licensing authority for assessing the effectiveness of the programs and services provided.
3. If the findings of an evaluation suggest that improvements to its programs and services should be made, the foster care agency shall implement any necessary improvements.
Sec. 26. (Deleted by amendment.)
Sec. 27. NRS 424.010 is hereby amended to read as follows:
424.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.018, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 28. NRS 424.013 is hereby amended to read as follows:
424.013 Family foster home means a family home in which one to six children who are under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594 and who are not related within the first degree of consanguinity or affinity to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of [permanent] free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.
Sec. 29. NRS 424.0135 is hereby amended to read as follows:
424.0135 Foster care agency means a [nonprofit corporation, for-profit corporation or sole proprietorship] business entity that [assists] recruits and enters into contracts with foster homes to assist an agency which provides child welfare services and juvenile courts in the placement of children in such foster [care.] homes.
Sec. 30. NRS 424.014 is hereby amended to read as follows:
424.014 Foster home means a home that receives, nurtures, supervises and ensures routine educational services and medical, dental and mental health treatment for children. The term includes a family foster home, specialized foster home , independent living foster home and group foster home.
Sec. 31. NRS 424.015 is hereby amended to read as follows:
424.015 Group foster home means a [natural person, partnership, firm, corporation or association who] foster home which provides full-time care and services for 7 to 15 children who are:
1. Under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
2. Not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
3. Received, cared for and maintained for compensation or otherwise, including the provision of [permanent] free care.
Sec. 32. NRS 424.017 is hereby amended to read as follows:
424.017 Provider of [family] foster care means a person who is licensed to conduct a [family] foster home pursuant to NRS 424.030.
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Sec. 33. NRS 424.018 is hereby amended to read as follows:
424.018 Specialized foster home means a [family] foster home which provides full-time care and services for one to six children who:
1. Require special care for physical, mental or emotional issues;
2. Are under [21] 18 years of age [;] or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
3. Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
4. Are received, cared for and maintained for compensation [; and
5. Are in the custody of and placed in the home by an agency which provides child welfare services.] or otherwise, including the provision of free care.
Sec. 34. NRS 424.020 is hereby amended to read as follows:
424.020 1. The Division, in consultation with each licensing authority in a county whose population is 100,000 or more, shall adopt regulations to:
(a) Establish procedures and requirements for the licensure of family foster homes, specialized foster homes , independent living foster homes and group foster homes; and
(b) Monitor such licensure.
2. The Division, in cooperation with the State Board of Health and the State Fire Marshal, shall:
(a) Establish reasonable minimum standards for family foster homes, specialized foster homes , independent living foster homes and group foster homes.
(b) Prescribe rules for the regulation of family foster homes, specialized foster homes , independent living foster homes and group foster homes.
3. All family foster homes, specialized foster homes , independent living foster homes and group foster homes licensed pursuant to this chapter must conform to the standards established and the rules prescribed in subsection 2.
Sec. 35. NRS 424.030 is hereby amended to read as follows:
424.030 1. No person may conduct a family foster home, a specialized foster home , an independent living foster home or a group foster home without receiving a license to do so from the licensing authority.
2. No license may be issued to a family foster home, a specialized foster home , an independent living foster home or a group foster home until a fair and impartial investigation of the home and its standards of care has been made by the licensing authority or its designee.
3. Any family foster home, specialized foster home , independent living foster home or group foster home that conforms to the established standards of care and prescribed rules must receive a regular license from the licensing authority, which may be in force for 2 years after the date of issuance. On reconsideration of the standards maintained, the license may be renewed upon expiration.
4. If a family foster home, a specialized foster home , an independent living foster home or a group foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, the family foster home, specialized foster home , independent living foster home or group foster home may be issued a special license, which must be in force for 1 year after the date of issuance and may be renewed annually.
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must be in force for 1 year after the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.
5. A family foster home, a specialized foster home, an independent living foster home or a group foster home may not accept the placement of a child by a juvenile court unless licensed by the licensing authority to accept children placed by a juvenile court or otherwise approved to accept the placement by the licensing authority. A foster home that accepts the placement of such a child shall work cooperatively with the juvenile court, the licensing authority, any other children placed in the foster home and the legal guardian or other person or agency with legal authority over the child to ensure the safety of all children placed in the foster home. Nothing in this subsection shall be construed to allow the placement of a child that would otherwise be prohibited by subsection 7 of NRS 432B.390.
6. A license must not be issued to a specialized foster home or a group foster home unless the specialized foster home or group foster home maintains a policy of general liability insurance in an amount determined to be sufficient by the licensing authority.
7. The license must show:
(a) The name of the persons licensed to conduct the family foster home, specialized foster home , independent living foster home or group foster home.
(b) The exact location of the family foster home, specialized foster home , independent living foster home or group foster home.
(c) The number of children that may be received and cared for at one time.
(d) If the license is a special license issued pursuant to subsection 4, the name of the child or children for whom the family foster home, specialized foster home , independent living foster home or group foster home is licensed to provide care.
[6.] (e) Whether the family foster home, specialized foster home, independent living foster home or group foster home is approved to receive and care for children placed by a juvenile court.
8. No family foster home, specialized foster home , independent living foster home or group foster home may receive for care more children than are specified in the license.
[7.] 9. In consultation with each licensing authority in a county whose population is 100,000 or more, the Division may adopt regulations regarding the issuance of [provisional and] special licenses.
Sec. 36. NRS 424.031 is hereby amended to read as follows:
424.031 1. The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for , has charges pending for or has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;
κ2013 Statutes of Nevada, Page 1447 (CHAPTER 306, AB 348)κ
(c) Assault with intent to kill or to commit sexual assault or mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime [;] or a felony relating to prostitution;
(e) Abuse or neglect of a child or contributory delinquency;
(f) 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;
(g) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; [or]
(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years [.] ;
(i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;
(k) A crime involving domestic violence that is punishable as a felony;
(l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or
(o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.
2. The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
3. Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.
4. The licensing authority or its designee shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation.
Sec. 37. NRS 424.036 is hereby amended to read as follows:
424.036 Before issuing a license to conduct a [family] foster home pursuant to NRS 424.030, the licensing authority shall discuss with the applicant and, to the extent possible, ensure that the applicant understands:
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1. The role of a provider of [family] foster care, the licensing authority and the members of the immediate family of a child placed in a [family] foster home; and
2. The personal skills which are required of a provider of [family] foster care and the other residents of a [family] foster home to provide effective foster care.
Sec. 38. NRS 424.0365 is hereby amended to read as follows:
424.0365 1. A licensee that operates a family foster home, a specialized foster home , an independent living foster home or a group foster home shall ensure that each employee who comes into direct contact with children in the home receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:
(a) Controlling the behavior of children;
(b) Policies and procedures concerning the use of force and restraint on children;
(c) The rights of children in the home;
(d) Suicide awareness and prevention;
(e) The administration of medication to children;
(f) Applicable state and federal constitutional and statutory rights of children in the home;
(g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the home; and
(h) Such other matters as required by the licensing authority or pursuant to regulations of the Division.
2. The Division shall adopt regulations necessary to carry out the provisions of this section.
Sec. 39. NRS 424.037 is hereby amended to read as follows:
424.037 1. Before placing a child with a provider of [family] foster care, the licensing authority shall inform the provider of the plans, if any, which the licensing authority has developed relating to the provision of care required for that child. If the plan for the child changes, the licensing authority shall inform the provider of [family] foster care of the changes and the reasons for those changes.
2. The licensing authority shall consult with a provider of [family] foster care concerning the care to be provided to a child placed with the provider, including appropriate disciplinary actions that may be taken.
3. If issues concerning the health, safety or care of a child occur during the placement of the child with a provider of [family] foster care, the licensing authority shall:
(a) Consider the daily routine of the provider when determining how to respond to those issues; and
(b) To the extent possible, respond to those issues in a manner which is the least disruptive to that daily routine, unless that response would not be in the best interest of the child.
Sec. 40. NRS 424.038 is hereby amended to read as follows:
424.038 1. Before placing, and during the placement of, a child in a [family] foster home, the licensing authority shall provide to the provider of [family] foster care such information relating to the child as is necessary to ensure the health and safety of the child and the other residents of the [family] foster home. This information must include the medical history and previous behavior of the child to the extent that such information is available.
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2. The provider of [family] foster care may, at any time before, during or after the placement of the child in the [family] foster home, request information about the child from the licensing authority. After the child has left the care of the provider, the licensing authority shall provide the information requested by the provider, unless the information is otherwise declared to be confidential by law or the licensing authority determines that providing the information is not in the best interests of the child.
3. The provider of [family] foster care shall maintain the confidentiality of information obtained pursuant to this section under the terms and conditions otherwise required by law.
4. The Division shall adopt regulations specifying the procedure and format for the provision of information pursuant to this section, which may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the provider of [family] foster care may also obtain the information set forth in subsections 1 and 2.
Sec. 41. NRS 424.0385 is hereby amended to read as follows:
424.0385 1. A licensee that operates a specialized foster home , an independent living foster home or a group foster home shall adopt a policy concerning the manner in which to:
(a) Document the orders of the treating physician of a child;
(b) Administer medication to a child;
(c) Store, handle and dispose of medication;
(d) Document the administration of medication and any errors in the administration of medication;
(e) Minimize errors in the administration of medication; and
(f) Address errors in the administration of medication.
2. The licensee shall ensure that each employee of the specialized foster home , independent living foster home or group foster home who will administer medication to a child at the specialized foster home , independent living foster home or group foster home receives a copy of and understands the policy adopted pursuant to subsection 1.
Sec. 42. NRS 424.040 is hereby amended to read as follows:
424.040 A licensing authority or its designee shall visit every licensed family foster home, specialized foster home , independent living foster home and group foster home as often as necessary to ensure that proper care is given to the children.
Sec. 43. NRS 424.045 is hereby amended to read as follows:
424.045 1. The Division shall establish, by regulation, a procedure for hearing grievances related to the reissuance, suspension or revocation of a license to conduct a [family] foster home.
2. A provider of [family] foster care may be represented by legal counsel in any proceeding related to:
(a) The reissuance, suspension or revocation of the license of the provider to conduct a [family] foster home; and
(b) The care given to a child by that provider.
Sec. 44. NRS 424.047 is hereby amended to read as follows:
424.047 1. A licensing authority shall, upon request, provide to a provider of [family] foster care access to all information, except references, in the records maintained by the licensing authority concerning that provider.
2. After reasonable notice and by appointment, a provider of [family] foster care may inspect the information kept in those records.
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3. A licensing authority may, upon request of the provider of foster care, release to an agency which provides child welfare services or a child-placing agency, as defined in NRS 127.220, all information, except references, in the records maintained by the licensing authority concerning that provider, including, without limitation, a study conducted to determine whether to grant a license to the provider or a study of the home of the provider.
Sec. 45. NRS 424.075 is hereby amended to read as follows:
424.075 1. A provider of [family] foster care may:
(a) Refuse to accept the placement of a child in the [family] foster home; or
(b) Request that a child placed in the [family] foster home be removed,
Κ unless the provider has a written agreement with the licensing authority to the contrary.
2. If a provider of [family] foster care refuses to accept the placement of a child in, or requests the removal of a child from, a [family] foster home, the licensing authority may not, based solely on that refusal or request:
(a) Revoke the license of the provider to conduct a [family] foster home;
(b) Remove any other child placed in the [family] foster home;
(c) Refuse to consider future placements of children in the [family] foster home; or
(d) Refuse or deny any other rights of the provider as may be provided by the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 46. NRS 424.077 is hereby amended to read as follows:
424.077 1. The Division shall, in consultation with each licensing authority in a county whose population is 100,000 or more, adopt regulations for the establishment of a program pursuant to which a provider of [family] foster care may receive respite from the stresses and responsibilities that result from the daily care of children placed in the [family] foster home.
2. The licensing authority shall establish and operate a program that complies with the regulations adopted pursuant to subsection 1 to provide respite, training and support to a provider of [family] foster care in order to develop and enhance the skills of the provider to provide foster care.
Sec. 47. NRS 424.079 is hereby amended to read as follows:
424.079 Upon the request of a provider of [family] foster care, the licensing authority shall allow the provider to visit a child after the child leaves the care of the provider if:
1. The child agrees to the visitation; and
2. The licensing authority determines that the visitation is in the best interest of the child.
Sec. 48. NRS 424.085 is hereby amended to read as follows:
424.085 1. Except as otherwise provided by specific statute, a person who is licensed by the licensing authority pursuant to NRS 424.030 to conduct a family foster home, a specialized foster home , an independent living foster home or a group foster home is not liable for any act of a child in his or her foster care unless the person licensed by the licensing authority took an affirmative action that contributed to the act of the child.
2. The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.
κ2013 Statutes of Nevada, Page 1451 (CHAPTER 306, AB 348)κ
Sec. 49. NRS 424.090 is hereby amended to read as follows:
424.090 The provisions of NRS 424.020 to 424.090, inclusive, do not apply to homes in which:
1. Care is provided only for a neighbors or friends child on an irregular or occasional basis for a brief period, not to exceed 90 days.
2. Care is provided by the legal guardian.
3. Care is provided for an exchange student.
4. Care is provided to enable a child to take advantage of educational facilities that are not available in his or her home community.
5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division.
6. Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is [:
(a) Related] related to the caregiver by blood, adoption or marriage . [; and
(b) Not in the custody of an agency which provides child welfare services.]
7. Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS or a juvenile court pursuant to title 5 of NRS if:
(a) The caregiver is related to the child within the fifth degree of consanguinity; and
(b) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive.
Sec. 50. NRS 424.093 is hereby amended to read as follows:
424.093 The Division shall:
1. Establish reasonable minimum standards for foster care agencies.
2. In consultation with foster care agencies and each agency which provides child welfare services, adopt:
(a) Regulations concerning [the operation of a] foster care [agency,] agencies, including, without limitation, a foster care agency which provides family foster care, specialized foster care , independent living foster care or group foster care for children placed by an agency which provides child welfare services [.] or a juvenile court.
(b) [Regulations regarding the issuance of nonrenewable provisional licenses to operate a foster care agency. The regulations must provide that a provisional license is valid for not more than 1 year.
(c)] Regulations regarding the issuance and renewal of a license to operate a foster care agency.
[(d)] (c) Any other regulations necessary to carry out its powers and duties regarding the placement of children for foster care, including, without limitation, such regulations necessary to ensure compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 51. (Deleted by amendment.)
Sec. 52. NRS 424.095 is hereby amended to read as follows:
424.095 1. An application for a license to operate a foster care agency must be in a form prescribed by the Division and submitted to the appropriate licensing authority. Such a license is effective for 2 years after the date of its issuance and may be renewed upon expiration.
2. An applicant must provide reasonable and satisfactory assurance to the licensing authority that the applicant will conform to the [standards established] provisions of NRS 424.093 to 424.097, inclusive, and sections 4 to 26, inclusive, of this act and the regulations adopted by the Division pursuant [to NRS 424.093.]
κ2013 Statutes of Nevada, Page 1452 (CHAPTER 306, AB 348)κ
established] provisions of NRS 424.093 to 424.097, inclusive, and sections 4 to 26, inclusive, of this act and the regulations adopted by the Division pursuant [to NRS 424.093.] thereto.
3. Upon application for renewal, the licensing authority may renew a license if the licensing authority determines that the licensee conforms to the [standards established] provisions of NRS 424.093 to 424.097, inclusive, and sections 4 to 26, inclusive, of this act and the regulations adopted by the Division pursuant [to NRS 424.093.
4. A licensing authority may issue a nonrenewable provisional license in accordance with the regulations adopted by the Division pursuant to NRS 424.093.] thereto.
Sec. 53. NRS 424.096 is hereby amended to read as follows:
424.096 1. After notice and hearing, a licensing authority may:
(a) Deny an application for a license to operate a foster care agency if the licensing authority determines that the applicant does not [meet the standards established and] comply with the provisions of NRS 424.093 to 424.097, inclusive, and sections 4 to 26, inclusive, of this act and the regulations adopted by the Division pursuant [to NRS 424.093.] thereto.
(b) Upon a finding of deficiency, require a foster care agency to prepare a plan of corrective action and, within 90 days or a shorter period prescribed by the licensing authority require the foster care agency to complete the plan of corrective action.
(c) Refuse to renew a license or may revoke a license [or provisional license] if the licensing authority finds that the foster care agency has refused or failed to meet any of the established standards or has violated any of the regulations adopted by the Division pursuant to NRS 424.093.
2. A notice of the time and place of the hearing must be mailed to the last known address of the applicant or licensee at least 15 days before the date fixed for the hearing.
3. When an order of a licensing authority is appealed to the district court, the trial may be de novo.
Sec. 54. NRS 424.097 is hereby amended to read as follows:
424.097 A licensed foster care agency may provide such assistance to an agency which provides child welfare services or juvenile court as authorized by the agency which provides child welfare services [.] or juvenile court. Such services may include, without limitation:
1. Screening, recruiting [, licensing] and training of persons to provide family foster care, specialized foster care , independent living foster care and group foster care;
2. Case management services;
3. Referral services;
4. Supportive services for persons providing foster care to meet the needs of children in foster care;
5. Coordination of case plans and treatment plans; and
6. Services, or facilitating the provision of such services, to children placed in foster care.
Sec. 55. NRS 432.515 is hereby amended to read as follows:
432.515 Provider of [family] foster care has the meaning ascribed to it in NRS 424.017.
Sec. 56. NRS 432.540 is hereby amended to read as follows:
432.540 1. A provider of [family] foster care that places a child in a foster home shall:
κ2013 Statutes of Nevada, Page 1453 (CHAPTER 306, AB 348)κ
(a) Inform the child of his or her rights set forth in NRS 432.525, 432.530 and 432.535;
(b) Provide the child with a written copy of those rights; and
(c) Provide an additional written copy of those rights to the child upon request.
2. A group foster home shall post a written copy of the rights set forth in NRS 432.525, 432.530 and 432.535 in a conspicuous place inside the group foster home.
Sec. 57. NRS 432.545 is hereby amended to read as follows:
432.545 A provider of [family] foster care may impose reasonable restrictions on the time, place and manner in which a child may exercise his or her rights set forth in NRS 432.525, 432.530 and 432.535 if the provider of [family] foster care determines that such restrictions are necessary to preserve the order, discipline or safety of the foster home.
Sec. 58. NRS 432.550 is hereby amended to read as follows:
432.550 If a child believes that his or her rights set forth in NRS 432.525, 432.530 and 432.535 have been violated, the child may raise and redress a grievance with, without limitation:
1. A provider of foster care;
2. An employee of a [family foster home, as defined in NRS 424.013, group foster home or specialized] foster home;
3. An agency which provides child welfare services to the child, and any employee thereof;
4. A juvenile court with jurisdiction over the child;
5. A guardian ad litem for the child; or
6. An attorney for the child.
Sec. 59. NRS 432B.180 is hereby amended to read as follows:
432B.180 The Division of Child and Family Services shall:
1. Administer any money granted to the State by the Federal Government.
2. Request appropriations from the Legislature in amounts sufficient to:
(a) Provide block grants to an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to NRS 432B.2185; and
(b) Administer a program to provide additional incentive payments to such an agency pursuant to NRS 432B.2165.
3. Monitor the performance of an agency which provides child welfare services in a county whose population is 100,000 or more through data collection, evaluation of services and the review and approval of agency improvement plans pursuant to NRS 432B.2165.
4. Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.
5. Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.
6. Involve communities in the improvement of child welfare services.
7. Evaluate all child welfare services provided throughout the State and, if an agency which provides child welfare services is not in substantial compliance with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.
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plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.
8. Coordinate with and assist:
(a) Each agency which provides child welfare services in recruiting, training and licensing providers of [family] foster care as defined in NRS 424.017;
(b) Each foster care agency licensed pursuant to NRS 424.093 to 424.097, inclusive, and sections 4 to 26, inclusive, of this act in screening, recruiting, licensing and training providers of [family] foster care as defined in NRS 424.017; and
(c) A nonprofit or community-based organization in recruiting and training providers of [family] foster care as defined in NRS 424.017 if the Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.
Sec. 60. NRS 432B.623 is hereby amended to read as follows:
432B.623 1. As a condition to the provision of assistance pursuant to the Program:
(a) A child must:
(1) Have been removed from his or her home:
(I) Pursuant to a written agreement voluntarily entered by the parent or guardian of the child and an agency which provides child welfare services; or
(II) By a court which has determined that it is in the best interests of the child for the child to remain in protective custody or to be placed in temporary or permanent custody outside his or her home;
(2) For not less than 6 consecutive months, have been eligible to receive maintenance pursuant to Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., while residing with the relative of the child;
(3) Not have as an option for permanent placement the return to the home or the adoption of the child;
(4) Demonstrate a strong attachment to the relative;
(5) If the child is 14 years of age or older, be consulted regarding the guardianship arrangement; and
(6) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.
(b) A relative of the child must:
(1) Demonstrate a strong commitment to caring for the child permanently;
(2) Be a provider of [family] foster care as defined in NRS 424.017;
(3) Enter into a written agreement for assistance with an agency which provides child welfare services before the relative is appointed as the legal guardian of the child;
(4) Be appointed as the legal guardian of the child by a court of competent jurisdiction and comply with any requirements imposed by the court; and
(5) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.
2. If the sibling of a child who is eligible for assistance pursuant to the Program is not eligible for such assistance, the sibling may be placed with the child who is eligible for assistance upon approval of the agency which provides child welfare services and the relative.
κ2013 Statutes of Nevada, Page 1455 (CHAPTER 306, AB 348)κ
provides child welfare services and the relative. In such a case, payments may be made for the sibling so placed as if the sibling is eligible for the Program.
Sec. 61. NRS 392.210 is hereby amended to read as follows:
392.210 1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the childs truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the childs subsequent truancy within that school year, is guilty of a misdemeanor.
2. A person who is licensed pursuant to NRS 424.030 to conduct a [family foster home, a specialized foster home or a group] foster home is liable pursuant to subsection 1 for a child in his or her foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.
Sec. 62. NRS 442.405 is hereby amended to read as follows:
442.405 1. The agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child who is to be placed in a family foster home, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:
(a) Provided to the provider of [family] foster care pursuant to NRS 424.038; and
(b) Reported to the Health Division on a form prescribed by the Health Division. The report must not contain any identifying information and may be used only for statistical purposes.
2. As used in this section, family foster home has the meaning ascribed to it in NRS 424.013.
Sec. 63. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of:
(1) Combustibles, flammables and fireworks; and
(2) Explosives in any commercial construction, but not in mining or the control of avalanches,
Κ under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.
(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
κ2013 Statutes of Nevada, Page 1456 (CHAPTER 306, AB 348)κ
Κ Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, the State Fire Marshals authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where the State Fire Marshal is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.
2. The State Fire Marshal may:
(a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and
(b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.
3. The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040 and the mitigation of the risk of a fire hazard from vegetation in counties within or partially within the Lake Tahoe Basin and the Lake Mead Basin.
4. The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from [family foster homes, specialized foster homes and group] foster homes.
5. The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.
6. Except as otherwise provided in subsection 10, the State Fire Marshal shall:
(a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
κ2013 Statutes of Nevada, Page 1457 (CHAPTER 306, AB 348)κ
7. The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.
8. The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
9. The State Fire Marshal shall:
(a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
Κ on request or as the State Fire Marshal deems necessary.
10. Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of the State Fire Marshals authority or duties if the local governments personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.
11. The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:
(a) Commercial trucking;
(b) Environmental crimes;
(c) Explosives and pyrotechnics;
(d) Drugs or other controlled substances; or
(e) Any similar activity specified by the State Fire Marshal.
12. Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:
(a) Do not apply in a county whose population is 700,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.
(b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, public school has the meaning ascribed to it in NRS 385.007.
________
κ2013 Statutes of Nevada, Page 1458κ
Assembly Bill No. 364Assemblymen Paul Anderson, Hansen; Duncan, Ellison, Grady, Hardy, Kirner, Oscarson and Wheeler
CHAPTER 307
[Approved: June 1, 2013]
AN ACT relating to public employees; increasing the maximum period during which certain public officers and employees of the State who are active members of the military must be relieved from their duties to serve under orders without loss of compensation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill increases, from not more than 15 working days to not more than 39 working days in a calendar year, the period during which certain public officers and employees of the State who are active members of the military must be relieved from their duties as public officers and employees to serve under orders without loss of compensation.
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 281.145 is hereby amended to read as follows:
281.145 [Any]
1. Except as otherwise provided in subsection 2, any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must be relieved from the officers or employees duties, upon the officers or employees request, to serve under orders without loss of the officers or employees regular compensation for a period of not more than 15 working days in any 1 calendar year. No such absence may be a part of the employees annual vacation provided for by law.
2. Any public officer or employee of the State or any agency thereof whose work schedule includes Saturday or Sunday and who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must be relieved from the officers or employees duties, upon the officers or employees request, to serve under orders without loss of the officers or employees regular compensation for a period of not more than 39 working days in any 1 calendar year. No such absence may be a part of the employees annual vacation provided for by law.
Secs. 2 and 3. (Deleted by amendment.)
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κ2013 Statutes of Nevada, Page 1459κ
Assembly Bill No. 365Assemblywomen Diaz and Flores
CHAPTER 308
[Approved: June 1, 2013]
AN ACT relating to interpreters; revising certain provisions relating to court interpreters; requiring that interpreters be appointed in certain judicial proceedings where a person with a language barrier is a witness, defendant or litigant; requiring the Advisory Commission on the Administration of Justice to appoint a subcommittee to conduct an interim study concerning language access in the courts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Court Administrator to adopt regulations which, subject to the availability of funding, establish a program for the certification of court interpreters. (NRS 1.510) Sections 1 and 2 of this bill require and authorize the Court Administrator to adopt regulations which, subject to the availability of funding, establish criteria and procedures for the appointment of alternate court interpreters under certain circumstances. Sections 4-6 of this bill require a certified court interpreter or an alternate court interpreter to be provided in various judicial proceedings for a person with a language barrier. A person with a language barrier is defined in this bill as a person who speaks a language other than English and who cannot readily understand or communicate in the English language. Section 10 of this bill requires the Advisory Commission on the Administration of Justice to appoint a subcommittee to conduct an interim study concerning language access in the courts.
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 1.510 is hereby amended to read as follows:
1.510 1. The Court Administrator shall, in consultation with the committee established pursuant to NRS 1.530, adopt regulations which, subject to the availability of funding, establish [a] :
(a) A program for the certification of court interpreters for persons with language barriers who are witnesses, defendants and litigants [who speak a language other than English and do not know the English language.] ; and
(b) Criteria and procedures for the appointment of alternate court interpreters for persons with language barriers who are witnesses, defendants and litigants.
2. The regulations established pursuant to paragraph (a) of subsection 1 must set forth:
(a) The specific languages for which court interpreters may obtain certification, based upon the need for interpreters of those languages.
(b) Any examination and the qualifications which are required for:
(1) Certification; and
(2) Renewal of the certification.
(c) The circumstances under which the Court Administrator will deny, suspend or refuse to renew a certificate.
κ2013 Statutes of Nevada, Page 1460 (CHAPTER 308, AB 365)κ
(d) The circumstances under which the Court Administrator will take disciplinary action against a certified court interpreter [.] or an alternate court interpreter.
(e) The circumstances under which a court [must require the services of] may appoint an alternate court interpreter . [who is certified.]
(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified court interpreter [.] or an alternate court interpreter.
3. An application for a certificate as a court interpreter pursuant to paragraph (a) of subsection 1 must include the social security number of the applicant.
4. Except as otherwise provided by a specific regulation of the Court Administrator, it is grounds for disciplinary action for a certified court interpreter or an alternate court interpreter to act as interpreter in any action in which:
(a) The spouse of the court interpreter is a party;
(b) A party or witness is otherwise related to the court interpreter;
(c) The court interpreter is biased for or against one of the parties; or
(d) The court interpreter otherwise has an interest in the outcome of the proceeding.
5. The criteria and procedures established pursuant to paragraph (b) of subsection 1 must set forth an order of preference, subject to the direction of a court for the appointment of a certified court interpreter before an alternate court interpreter.
6. As used in this section, person with a language barrier means a person who speaks a language other than English and who cannot readily understand or communicate in the English language.
Sec. 2. NRS 1.520 is hereby amended to read as follows:
1.520 The Court Administrator may:
1. In consultation with the committee established pursuant to NRS 1.530, adopt any regulations necessary to [carry] :
(a) Carry out a program for the certification of court interpreters.
(b) Establish criteria and procedures for the appointment of alternate court interpreters.
2. Impose on a certified court interpreter:
(a) Any fees necessary to reimburse the Court Administrator for the cost of administering the program; and
(b) A fine for any violation of a regulation of the Court Administrator adopted pursuant to this section or NRS 1.510.
Sec. 3. NRS 47.020 is hereby amended to read as follows:
47.020 1. This title governs proceedings in the courts of this State and before magistrates, except:
(a) To the extent to which its provisions are relaxed by a statute or procedural rule applicable to the specific situation; and
(b) As otherwise provided in subsection 3.
2. Except as otherwise provided in subsection 1, the provisions of chapter 49 of NRS with respect to privileges apply at all stages of all proceedings.
3. The other provisions of this title , except with respect to provisions concerning a person with a language barrier, do not apply to:
(a) Issuance of warrants for arrest, criminal summonses and search warrants.
κ2013 Statutes of Nevada, Page 1461 (CHAPTER 308, AB 365)κ
(b) Proceedings with respect to release on bail.
(c) Sentencing, granting or revoking probation.
(d) Proceedings for extradition.
4. As used in this section, person with a language barrier has the meaning ascribed to it in NRS 1.510.
Sec. 4. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An interpreter must be appointed at public expense for a person with a language barrier who is a defendant or a witness in a criminal proceeding.
2. As used in this section:
(a) Interpreter means a person who:
(1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or
(2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.
(b) Person with a language barrier has the meaning ascribed to it in NRS 1.510.
Sec. 5. NRS 50.054 is hereby amended to read as follows:
50.054 1. Except as otherwise provided by a regulation of the Court Administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if the interpreter is:
(a) The spouse of a witness;
(b) Otherwise related to a witness;
(c) Biased for or against one of the parties; or
(d) Otherwise interested in the outcome of the proceeding.
2. Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will:
(a) To the best of his or her ability, translate accurately to the [witness,] person with a language barrier in the language of the [witness,] person, questions and statements addressed to the [witness;] person;
(b) Make a true interpretation of the statements of the [witness] person with a language barrier in an understandable manner; and
(c) Repeat the statements of the [witness] person with a language barrier in the English language to the best of his or her ability.
3. While in the proper performance of his or her duties, an interpreter has the same rights and privileges as the [witness,] person with a language barrier, including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the [witness.] person with a language barrier.
4. If an interpreter appointed for a person with a language barrier is not effectively or accurately communicating with or on behalf of the person, and that fact becomes known to the person who appointed the interpreter, another interpreter must be appointed.
5. Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expense claimed.
κ2013 Statutes of Nevada, Page 1462 (CHAPTER 308, AB 365)κ
6. As used in this section [, interpreter] :
(a) Interpreter means a person who [is readily able to communicate with a person who speaks a language other than English and does not know the English language, translate the proceedings for him or her and accurately repeat and translate the statements of the person in a language other than English to the court, magistrate or other person presiding. The term does not include an interpreter for a person with a communications disability as that term is defined in NRS 50.050.] :
(1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or
(2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.
(b) Person with a language barrier has the meaning ascribed to it in NRS 1.510.
Sec. 6. Chapter 62D of NRS is hereby amended by adding thereto a new section to read as follows:
1. The juvenile court shall appoint at public expense an interpreter for a person with a language barrier in all proceedings conducted pursuant to the provisions of this title if the person with a language barrier is:
(a) The child who is alleged to be or has been adjudicated delinquent or in need of supervision;
(b) A parent or guardian of the child that is alleged to be or has been adjudicated delinquent or in need of supervision; or
(c) A person who appears as a witness.
2. As used in this section:
(a) Interpreter means a person who:
(1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or
(2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.
(b) Person with a language barrier has the meaning ascribed to it in NRS 1.510.
Secs. 7, 8 and 9. (Deleted by amendment.)
Sec. 10. 1. The Advisory Commission on the Administration of Justice created pursuant to NRS 176.0123 shall appoint a subcommittee to conduct an interim study concerning language access in the courts of the State of Nevada, and make a report thereof.
2. The study and report must include, without limitation:
(a) An evaluation of:
(1) The current system used in this State to provide court interpreters in criminal and civil proceedings;
(2) The systems used in other states to provide court interpreters in criminal and civil proceedings; and
(3) The current condition of federal and state laws regarding the provision of court interpreters in criminal and civil proceedings.
(b) Recommendations regarding, without limitation:
(1) Necessary statutory changes to facilitate language access in the courts;
κ2013 Statutes of Nevada, Page 1463 (CHAPTER 308, AB 365)κ
(2) Necessary statutory changes to comply with any federal law related to language access in the courts; and
(3) Methods for raising any revenue necessary to provide court interpreters in criminal and civil proceedings or to increase language access in the courts.
3. The subcommittee shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 78th Session of the Nevada Legislature and the Supreme Court.
Sec. 11. 1. This act becomes effective on July 1, 2013.
2. Section 1 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
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Assembly Bill No. 374Assemblymen Bobzien; Aizley, Elliot Anderson, Benitez-Thompson, Bustamante Adams, Carlton, Daly, Dondero Loop, Eisen, Fiore, Frierson, Healey, Hickey, Kirkpatrick, Martin, Pierce, Spiegel and Sprinkle
Joint Sponsors: Senators Kihuen, Smith, Segerblom, Parks; and Kieckhefer
CHAPTER 309
[Approved: June 1, 2013]
AN ACT relating to counties; authorizing a board of county commissioners to enter into agreements exempting certain persons, organizations and assemblies occurring on federal lands from certain requirements and prohibitions relating to assemblies; requiring such agreements to include certain provisions; prohibiting certain actions regarding such agreements and the application of certain requirements and prohibitions relating to certain assemblies occurring on federal lands; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each board of county commissioners to adopt an ordinance regulating and licensing outdoor assemblies, requires certain persons to obtain a license for an assembly and prohibits certain conduct and activities relating to certain assemblies. (NRS 244.354, 244.3542, 244.3548)
Section 1 of this bill authorizes a board of county commissioners to enter into an agreement with a person or organization that organizes an outdoor assembly occurring on federal land for which a federal agency issues a license or permit or otherwise authorizes the assembly. The agreement may exempt the assembly, and the person or organization that organizes the assembly, from the provisions of the ordinance adopted by the board regulating and licensing outdoor assemblies and also from the statutory provisions regulating outdoor assemblies.
κ2013 Statutes of Nevada, Page 1464 (CHAPTER 309, AB 374)κ
and also from the statutory provisions regulating outdoor assemblies. The agreement may be rescinded only by mutual agreement of the parties. For the duration of the agreement, a future board of county commissioners may not require the application of the statutory provisions regulating outdoor assemblies or make any changes to the terms of the agreement. The agreement must contain certain provisions relating to the services of a coroner if a death occurs at the assembly. Also, the parties may enter into a separate agreement for the county to provide reasonable and necessary services for the assembly and to receive compensation for those services.
Existing law prohibits a board of county commissioners from entering into certain contracts and other transactions beyond the term of office of any member of the board unless the board appropriates money to pay for the duration of the contract. Sections 1 and 1.5 of this bill provide that any agreement entered into pursuant to section 1 is not subject to such limitations.
Section 1 provides that the provisions thereof shall not be construed to prohibit, prevent or limit the power of the Legislature.
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 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A board of county commissioners may enter into an agreement with any person or organization described in paragraph (b) to exempt from the provisions of any ordinance adopted by that board of county commissioners pursuant to NRS 244.354 and the provisions of NRS 244.354 to 244.3548, inclusive:
(a) Any assembly occurring on federal land for which a federal agency issues a license or permit or otherwise authorizes the assembly; and
(b) The person or organization that permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages or sells or gives away tickets to any such assembly.
2. In determining whether to enter into an agreement pursuant to subsection 1, a board of county commissioners may consider, without limitation, whether a person or organization described in paragraph (b) of subsection 1 has demonstrated to the satisfaction of the board that:
(a) The federal agency that issues a license or permit for or otherwise authorizes an assembly described in paragraph (a) of subsection 1 has ensured that conditions which otherwise may be imposed by the board pursuant to NRS 244.3545 are addressed during the process of issuing the license or permit for or otherwise authorizing the assembly; and
(b) The assembly will not present an unreasonable danger to the health or safety of any resident of the county.
3. Except as otherwise provided in subsection 6, an agreement entered into pursuant to subsection 1 may be rescinded only by mutual agreement of the parties to the agreement. For the duration of the agreement, no future board of county commissioners of that county may adopt an ordinance requiring, or in any other way require:
(a) The application of the provisions of NRS 244.354 to 244.3548, inclusive, to the assembly that is the subject of the agreement, the person or organization with whom the board enters into the agreement, or any other person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages or sells or gives away tickets to the assembly; or
κ2013 Statutes of Nevada, Page 1465 (CHAPTER 309, AB 374)κ
person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages or sells or gives away tickets to the assembly; or
(b) Any changes to the terms of the agreement.
4. If a board of county commissioners enters into an agreement pursuant to subsection 1:
(a) The agreement must require the person or organization described in paragraph (b) of subsection 1 to call upon the services of the office of the county coroner if a death of a person occurs at the assembly;
(b) The agreement must provide for the office of the county coroner to receive compensation for such services, including, without limitation, compensation:
(1) For the expenses of any travel and subsistence incurred in the provisions of such services;
(2) For the expenses relating to an autopsy and the transportation and storage of the body of the deceased; and
(3) For any other reasonable expenses relating to the provision of such services; and
(c) The board of county commissioners or any board of county commissioners that takes office after the effective date of the agreement may enter into a separate agreement with the person or organization described in paragraph (b) of subsection 1 which provides for the county to provide reasonable and necessary services for the assembly and to receive compensation for the provision of such services.
5. Notwithstanding the provisions of NRS 244.320, any agreement entered into pursuant to this section may extend beyond the terms of the county commissioners in office and voting on the agreement regardless of whether the board appropriates money for the agreement beyond the terms of office.
6. Nothing contained in this section shall be construed to prohibit, prevent or limit the power of the Legislature.
Sec. 1.5. NRS 244.320 is hereby amended to read as follows:
244.320 1. A board of county commissioners may enter into any agreement, contract, lease, franchise, exchange of property or other transaction which extends beyond the terms of the county commissioners then in office and voting on the matter, but except as otherwise provided by law, the agreement, contract, lease, franchise, exchange or other transaction is binding beyond those terms of office only to the extent that money is appropriated therefor, or for a like item or service.
2. This section does not affect any agreement, contract, lease, franchise, exchange of property or other transaction which does not extend beyond the term of office of any member of the board who is part of the quorum voting thereon.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 244.3542 is hereby amended to read as follows:
244.3542 [Every] Except as otherwise provided in section 1 of this act, every person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages, sells or gives away tickets to an actual or reasonably anticipated assembly of 1,000 or more individuals shall obtain a license from the board of county commissioners of the county in which such assembly is proposed, in accordance with the provisions of NRS 244.354 to 244.3548, inclusive.
κ2013 Statutes of Nevada, Page 1466 (CHAPTER 309, AB 374)κ
Sec. 4. NRS 244.3548 is hereby amended to read as follows:
244.3548 [It] Except as otherwise provided in section 1 of this act, it is unlawful for any licensee or any employee, agent or associate of a licensee to:
1. Hold an actual or reasonably anticipated assembly of 1,000 or more persons without first procuring a license to do so.
2. Sell tickets to such an assembly without a license first having been obtained.
3. Hold such an assembly in such a manner as to create a public or private nuisance.
4. Exhibit, show or conduct within the place of such an assembly any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.
5. Allow any person on the premises of the licensed assembly to cause or create a disturbance in, around or near any place of the assembly, by offensive or disorderly conduct.
6. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in such assembly except where the consumption or possession is expressly authorized by the board and under the laws of the State of Nevada.
7. Knowingly allow any person at the licensed assembly to use, sell or be in possession of any controlled substance while in, around or near a place of the assembly.
Sec. 5. This act becomes effective on July 1, 2013.
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Assembly Bill No. 442Committee on Legislative Operations and Elections
CHAPTER 310
[Approved: June 1, 2013]
AN ACT relating to campaign practices; setting forth factors that the Secretary of State may consider when determining whether good cause has been shown to waive a civil penalty imposed for filing late certain campaign reports; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires candidates, committees for political action, political parties, committees sponsored by political parties and certain other persons to file with the Secretary of State reports relating to certain campaign contributions, expenses and expenditures. (NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220) A person, committee or entity that is required to file a report is subject to a civil penalty, under a graduated schedule, for filing the report late, and the Secretary of State may waive that penalty for good cause shown. (NRS 294A.420) This bill sets forth factors that the Secretary of State may consider when determining whether good cause has been shown. The factors include: (1) the seriousness of the violation; (2) any history of violations committed by the person, committee or entity; (3) various mitigating factors; (4) whether the violation was inadvertent; (5) any knowledge or experience the person, committee or entity has with campaign practices; and (6) any other factor that the Secretary of State deems to be relevant.
κ2013 Statutes of Nevada, Page 1467 (CHAPTER 310, AB 442)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 294A.420 is hereby amended to read as follows:
294A.420 1. If the Secretary of State receives information that a person, committee or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.250, 294A.270, 294A.280, 294A.286 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person, committee or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.
2. Except as otherwise provided in this section, a person, committee or entity that violates an applicable provision of this chapter is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorneys fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.
3. If a civil penalty is imposed because a person, committee or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
Κ A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his or her office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.
4. For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section.
5. When considering whether to waive, pursuant to subsection 4, a civil penalty that would otherwise be imposed pursuant to subsection 3, the Secretary of State may consider, without limitation:
(a) The seriousness of the violation, including, without limitation, the nature, circumstances and extent of the violation;
(b) Any history of violations committed by the person, committee or entity against whom the civil penalty would otherwise be imposed;
(c) Any mitigating factor, including, without limitation, whether the person, committee or entity against whom the civil penalty would otherwise be imposed reported the violation, corrected the violation in a timely manner, attempted to correct the violation or cooperated with the Secretary of State in resolving the situation that led to the violation;
(d) Whether the violation was inadvertent;
κ2013 Statutes of Nevada, Page 1468 (CHAPTER 310, AB 442)κ
(e) Any knowledge or experience the person, committee or entity has with the provisions of this chapter; and
(f) Any other factor that the Secretary of State deems to be relevant.
6. If the Secretary of State waives a civil penalty pursuant to [this] subsection [,] 4, the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 2. This act becomes effective on July 1, 2013.
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Assembly Bill No. 448Committee on Ways and Means
CHAPTER 311
[Approved: June 1, 2013]
AN ACT relating to the state militia; authorizing the Adjutant General to accept certain property; revising certain provisions relating to the rental of an armory or facility of the Office of the Military; revising certain provisions relating to the Patriot Relief Account; repealing certain provisions concerning the state militia; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill authorizes the Adjutant General to accept federal funding for personnel support and equipment supplies, arms and facilities through the United States Property and Fiscal Officer for Nevada, and requires deposit of any money received in the State Treasury.
Sections 5 and 6 of this bill revise the provisions relating to the rental of a facility or an armory or space within an armory to allow a security deposit to be required. Section 5 also authorizes the use of the money generated from the rental of an armory or space within an armory to make repairs, construct new facilities, fund various activities and further state and governmental relations.
Existing law authorizes the payment of various benefits to members of the Nevada National Guard from the Patriot Relief Account in the State General Fund. (NRS 412.1435) Section 7 of this bill revises certain provisions concerning authorized uses of money in the Patriot Relief Account.
Section 8 of this bill repeals the existing law that provides certain allowances for military uniforms and equipment under certain circumstances. (NRS 412.184)
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 412 of NRS is hereby amended by adding thereto a new section to read as follows:
The Adjutant General may accept through the United States Property and Fiscal Officer for Nevada such equipment, supplies, arms, facilities and funding for personnel support as may be authorized and appropriated by federal law.
κ2013 Statutes of Nevada, Page 1469 (CHAPTER 311, AB 448)κ
by federal law. All federal money received by the Adjutant General under this section must be deposited in the State Treasury.
Sec. 2. NRS 412.092 is hereby amended to read as follows:
412.092 The word armory as used in NRS 412.092 to 412.109, inclusive, and section 1 of this act, means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use.
Sec. 3. NRS 412.098 is hereby amended to read as follows:
412.098 The construction, expansion, rehabilitation or conversion of armories and arsenals in this State shall be accomplished by the State Public Works [Board,] Division of the Department of Administration, subject to the inspection and approval of the Secretary of Defense, as prescribed by 10 U.S.C. § [2237] 18237 when federal funds have been allocated to the State for such work.
Sec. 4. NRS 412.102 is hereby amended to read as follows:
412.102 1. The Office shall provide and maintain armories suitable for conducting drills and the safekeeping of federal military property, with light, water and heat, for the units of the Nevada National Guard organized in the several counties of the State.
2. The expenses of procuring and maintaining the armories, and the monthly allowance to cover incidental expenses which may be incurred by each unit, [must] may be paid from the appropriation for the support of the Nevada National Guard [.] or from other available money.
Sec. 5. NRS 412.108 is hereby amended to read as follows:
412.108 1. The person or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions [his, her or its] :
(a) The full name and address [, the] of the applicant;
(b) The purpose for which its use is desired [, the] ;
(c) The nature and manner of the intended use of the space [, a] ;
(d) A reasonable rental , which may include a security deposit, to be paid for that use ; and [the]
(e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.
2. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.
[2.] 3. No agreement for use made pursuant to [this section] subsection 1 is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or the officers authorized representative, and has been approved by his or her military superiors as prescribed by Office regulations issued pursuant to this chapter.
[3.] 4. No agreement or lease made pursuant to [this section] subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or the officers authorized representative.
[4.] 5. All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or the officers authorized representative.
κ2013 Statutes of Nevada, Page 1470 (CHAPTER 311, AB 448)κ
charge of the armory or the officers authorized representative. Any person other than the officer in charge of the armory or the officers authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or the officers authorized representative, who shall immediately forward [one-half of] the money to the office of the Adjutant General to be placed in an account in the State General Fund entitled the Adjutant Generals Special Armory Account, to be used by the Office [for] to:
(a) Make necessary repairs and improvements of state armories [and construction of] ;
(b) Construct new facilities [in the manner prescribed by Office regulations. The remainder of the money must be placed in an armory account to be kept by the officer in charge of the armory or the officers authorized representative, and used for military activities and affairs and to further relations with the community in which the armory is located. These] ;
(c) Fund military activities and affairs;
(d) Further relations with the community in which the armory is located; and
(e) Further relations with the State.
6. The expenditures made pursuant to subsection 5 must be made according to Office regulations and must be approved by a board of three persons appointed by the Adjutant General.
[5.] 7. When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.
Sec. 6. NRS 412.109 is hereby amended to read as follows:
412.109 1. Except as otherwise provided in NRS 412.108, the person or governmental entity applying for the rental of any facility of the Office must execute and deliver a written agreement which must include among its provisions [his, her or its] :
(a) The full name and address [, the] of the applicant;
(b) The purpose for which its use is desired [, the] ;
(c) The nature and manner of the intended use of the space [, a] ;
(d) A reasonable rental , which may include a security deposit, to be paid for that use ; and [the]
(e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.
2. The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.
[2.] 3. No agreement for use made pursuant to [this section] subsection 1 is effective until the agreement or lease has been approved and executed as prescribed by Office regulations issued pursuant to this chapter.
[3.] 4. No agreement or lease made pursuant to [this section] subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the Office.
κ2013 Statutes of Nevada, Page 1471 (CHAPTER 311, AB 448)κ
[4.] 5. All money paid or given, directly or indirectly, for the rental of a facility or to obtain an agreement or permission to use the facility are use fees within the meaning of this section and must be paid to the Office to be deposited in the State General Fund for credit to the Office.
[5.] 6. When the use of a facility is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.
Sec. 7. NRS 412.1435 is hereby amended to read as follows:
412.1435 1. The Patriot Relief Account is hereby created as a special account in the State General Fund.
2. The money in the Patriot Relief Account does not lapse to the State General Fund at the end of any fiscal year. The interest and income earned on the sum of:
(a) The money in the Patriot Relief Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Patriot Relief Account from the State General Fund,
Κ must be credited to the Account. All claims against the Patriot Relief Account must be paid as other claims against the State are paid.
3. The Office may accept gifts, grants and donations from any source for deposit in the Patriot Relief Account.
4. The money in the Patriot Relief Account may only be used to provide:
(a) Reimbursement to a member of the Nevada National Guard for the cost of:
(1) Premiums on a policy of group life insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; [and] or
(2) Textbooks required for a course of study in which the member is enrolled at an institution within the Nevada System of Higher Education; and
(b) Monetary relief from economic hardships experienced by a member of the Nevada National Guard who has been called into active service . [; and
(c) A payment of $100 to a member of the Nevada National Guard who:
(1) Returns from deployment in a combat zone;
(2) Was on active service for 45 days or more in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5); and
(3) Not more than 90 days after returning from deployment in the combat zone, attends a course on reintegration into the community with his or her spouse, an adult member of his or her immediate family or an adult with whom he or she cohabits.]
5. The Adjutant General shall adopt any regulations necessary to determine eligibility for reimbursement or monetary relief from the Patriot Relief Account and to carry out a program to provide such reimbursement and monetary relief.
[6. As used in this section:
(a) Combat zone means any area which the President of the United States has designated by executive order as an area in which the Armed Forces of the United States are engaged in combat.
(b) Course on reintegration into the community means a class designed to provide a member of the Nevada National Guard who is returning from deployment in a combat zone with skills and training to enable the member more easily to adapt to life outside of the combat zone.]
κ2013 Statutes of Nevada, Page 1472 (CHAPTER 311, AB 448)κ
deployment in a combat zone with skills and training to enable the member more easily to adapt to life outside of the combat zone.]
Sec. 8. NRS 412.184 is hereby repealed.
Sec. 9. This act becomes effective upon passage and approval.
________
Assembly Bill No. 449Committee on Ways and Means
CHAPTER 312
[Approved: June 1, 2013]
AN ACT relating to vital statistics; providing that certain proceeds accruing to this State may be used by the Health Division of the Department of Health and Human Services for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Administrator of the Health Division of the Department of Health and Human Services, who serves as the State Registrar of Vital Statistics, to keep a true and correct account of all fees received under chapter 440 of NRS. Money collected pursuant to certain specific provisions of chapter 440 of NRS must be used for certain purposes, but any other proceeds accruing to this State under the provisions of the chapter must be forwarded to the State Treasurer for deposit in the State General Fund. (NRS 440.690) This bill provides that such proceeds accruing to this State under the provisions of chapter 440 of NRS may instead be used by the Health Division of the Department of Health and Human Services to administer and carry out the provisions of the chapter and any regulations adopted pursuant thereto.
This bill also removes the provision which authorizes the Health Division, upon the approval of the State Board of Examiners and pursuant to its regulations, to maintain an account in a bank or credit union for the purpose of refunding overpayments of fees for vital statistics.
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 440.690 is hereby amended to read as follows:
440.690 1. The State Registrar shall keep a true and correct account of all fees received under this chapter.
2. The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Childrens Trust Account created by NRS 432.131. The money collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account created by NRS 432B.409. Any money collected pursuant to subsection 5 of NRS 440.700 must be remitted by the State Registrar to the county treasurers of the various participating counties for credit to their accounts for the support of the offices of the county coroners created pursuant to NRS 259.025. Any other proceeds accruing to the State of Nevada under the provisions of this chapter [must be forwarded to the State Treasurer for deposit in the State General Fund.
κ2013 Statutes of Nevada, Page 1473 (CHAPTER 312, AB 449)κ
Nevada under the provisions of this chapter [must be forwarded to the State Treasurer for deposit in the State General Fund.
3. Upon the approval of the State Board of Examiners and pursuant to its regulations,] may be used by the Health Division of the Department of Health and Human Services [may maintain an account in a bank or credit union for the purpose of refunding overpayments of fees for vital statistics.] to administer and carry out the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 2. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 455Committee on Transportation
CHAPTER 313
[Approved: June 1, 2013]
AN ACT relating to special license plates; revising the role of the Commission on Special License Plates to advise the Department of Motor Vehicles with respect to certain matters; requiring that applicants for special license plates furnish to the Department certain amended information; requiring that the Commission compile and make publicly available certain information regarding special license plates which the Commission has recommended for approval; revising provisions governing the procedure for taking adverse action against a charitable organization that receives additional fees from a special license plate; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Commission on Special License Plates reviews and approves applications for special license plates and engages in other activities related to special license plates. (NRS 482.367004) Sections 2-6 and 9 of this bill revise the authority of the Commission so that the Commission, the voting members of which are all Legislators, advises and makes recommendations to but does not direct the activities of the Department of Motor Vehicles.
Existing law sets forth the process by which persons and organizations may apply directly to the Department of Motor Vehicles to have the Department design, prepare and issue new special license plates. (NRS 482.367002-482.367008) Section 2 of this bill revises and expands the types of information and amended information that must be provided to the Department in an application for a special license plate. Section 3 of this bill requires that the Commission compile and make publicly available certain information regarding special license plates which the Commission has recommended for approval.
Section 7 of this bill changes from September 1 to July 1 the deadline by which certain charitable organizations that receive additional fees from special license plates must provide to the Commission and the Department certain contact information. Section 9 of this bill revises the process of determination, hearing, appeal and potential adverse action if a charitable organization that receives additional fees from special license plates is found to have failed to provide required information or financial documents or to have committed improper practices of financial administration.
κ2013 Statutes of Nevada, Page 1474 (CHAPTER 313, AB 455)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 482.270 is hereby amended to read as follows:
482.270 1. Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates with colors that are predominately blue and silver. The Director may substitute white in place of silver when no suitable material is available.
2. Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.
3. The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.
4. The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
5. Every license plate must have displayed upon it:
(a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;
(b) The name of this State, which may be abbreviated;
(c) If issued for a calendar year, the year; and
(d) If issued for a registration period other than a calendar year, the month and year the registration expires.
6. Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.
7. Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:
(a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph [(e)] (f) of subsection 2 of that section; and
(b) The remainder of the plate conforms to the requirements for coloring, lettering and design that are set forth in this section.
Sec. 2. NRS 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
κ2013 Statutes of Nevada, Page 1475 (CHAPTER 313, AB 455)κ
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so [, the] :
(1) The name of the cause or charitable organization; and
(2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:
(I) General use by the particular cause or charitable organization; or
(II) Use by the particular cause or charitable organization in a more limited or specific manner;
(c) Must include the name and signature of a person who represents:
(1) The organization which is requesting that the Department design, prepare and issue the special license plate; and
(2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
(d) Must include proof that the organization satisfies the requirements set forth in subsection 1;
[(d)] (e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000; and
[(e)] (f) May be accompanied by suggestions for the design of and colors to be used in the special license plate.
3. If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:
(a) The name of the organization that submitted the application has changed since the initial application was submitted.
(b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.
(c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.
κ2013 Statutes of Nevada, Page 1476 (CHAPTER 313, AB 455)κ
Κ The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a meeting of the Commission on Special License Plates, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
4. The Department may design and prepare a special license plate requested pursuant to subsection 1 if:
(a) The Department determines that the application for that plate complies with subsection 2; and
(b) The Commission on Special License Plates [approves] recommends to the Department that the Department approve the application for that plate pursuant to subsection 5 of NRS 482.367004.
[4.] 5. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to this section;
(b) The Commission on Special License Plates has [approved] recommended the Department approve for issuance pursuant to subsection 5 of NRS 482.367004; and
(c) Complies with the requirements of subsection 7 of NRS 482.270,
Κ for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
[5.] 6. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department [or the Commission on Special License Plates] determines not to issue the special license plate; or
(b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
[6.] 7. If, during a registration year, the holder of 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 that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to 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] The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:
κ2013 Statutes of Nevada, Page 1477 (CHAPTER 313, AB 455)κ
(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. 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 recommend to the Department that the Department 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,] 7, 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] recommend to the Department the approval of 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] For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.
6. On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put.
κ2013 Statutes of Nevada, Page 1478 (CHAPTER 313, AB 455)κ
organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.
7. 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.
[7.] 8. The Commission shall:
(a) [Approve] Recommend to the Department that the Department 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] recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department 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, 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. 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] recommended by the Commission on Special License Plates to be approved by the Department 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 [.] by the Department.
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.
κ2013 Statutes of Nevada, Page 1479 (CHAPTER 313, AB 455)κ
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, 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.
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.
κ2013 Statutes of Nevada, Page 1480 (CHAPTER 313, AB 455)κ
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] recommends to the Department that the Department approve 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.
Sec. 6. NRS 482.379375 is hereby amended to read as follows:
482.379375 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Reno Recreation and Parks Commission or its successor, shall design, prepare and issue license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless:
(a) The Commission on Special License Plates [approves] recommends to the Department that the Department approve the design, preparation and issuance of those plates as described in NRS 482.367004; and
(b) The Department receives at least 1,000 applications for the issuance of those plates.
2. If the Commission on Special License Plates [approves] recommends to the Department that the Department approve the design, preparation and issuance of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsection 1, and the Department receives at least 1,000 applications for the issuance of the license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.
3. The fee for license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.
5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund.
κ2013 Statutes of Nevada, Page 1481 (CHAPTER 313, AB 455)κ
The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the City Treasurer of the City of Reno to be used to pay for the support and enhancement of parks, recreation facilities and programs in the City of Reno.
6. If, during a registration year, the holder of 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 that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 7. NRS 482.38277 is hereby amended to read as follows:
482.38277 1. On or before September 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall [:
(a) Prepare] prepare a balance sheet for the immediately preceding fiscal year on a form provided by the Commission on Special License Plates and file the balance sheet, accompanied by a recent bank statement, with the Commission. The Commission shall prepare and make available, or cause to be prepared and made available, a form that must be used by a charitable organization to prepare such a balance sheet.
[(b) Provide]
2. On or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall provide to the Commission and the Department:
[(1)] (a) A list of the names of the persons, whether or not designated officers, who are responsible for overseeing the operation of the charitable organization;
[(2)] (b) The current mailing address of the charitable organization; and
[(3)] (c) The current telephone number of the charitable organization.
[2.] 3. The Legislative Auditor shall prescribe:
(a) The form and content of the balance sheets required to be filed pursuant to subsection 1; and
(b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and procedures used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.
[3.] 4. The Commission shall provide to the Legislative Auditor:
(a) A copy of each balance sheet and bank statement that it receives from a charitable organization pursuant to [paragraph (a) of] subsection 1; and
(b) A copy of the information that it receives from a charitable organization pursuant to [paragraph (b) of] subsection [1.] 2.
Sec. 8. NRS 482.38278 is hereby amended to read as follows:
482.38278 1. On or before September 30 following the end of each fiscal year, the Legislative Auditor shall present to the Commission on Special License Plates a final written report with respect to the charitable organizations for which the Commission provided to the Legislative Auditor a balance sheet pursuant to subsection [3] 4 of NRS 482.38277.
κ2013 Statutes of Nevada, Page 1482 (CHAPTER 313, AB 455)κ
organizations for which the Commission provided to the Legislative Auditor a balance sheet pursuant to subsection [3] 4 of NRS 482.38277.
2. The final written report must be distributed to each member of the Commission before the report is presented to the Commission.
3. Along with any statement of explanation or rebuttal from the audited charitable organization, the final written report may include, without limitation:
(a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the Commission or the Department;
(b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;
(c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and
(d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.
Sec. 9. NRS 482.38279 is hereby amended to read as follows:
482.38279 1. If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.
2. A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the Commission or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.
3. The Commission shall issue a decision [, immediately after the hearing,] on whether to uphold the original determination of the Commission or the Legislative Auditor or to overturn that determination. The decision [of the Commission pursuant to this subsection is a final decision for purposes of judicial review.] required pursuant to this subsection must be issued:
(a) Immediately after the hearing, if a hearing was requested; or
(b) Within 30 days after the expiration of the 20-day period within which a hearing may be requested, if a hearing was not requested.
4. If the Commission [upholds] decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or [upholds] decides to uphold the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may [require] recommend that the Department:
κ2013 Statutes of Nevada, Page 1483 (CHAPTER 313, AB 455)κ
the benefit of the intended recipient, the Commission shall issue its decision in writing and may [require] recommend that the Department:
(a) Suspend the collection of all additional fees collected on behalf of the charitable organization; and
(b) Suspend production of the particular design of special license plates from which the charitable organization receives additional fees, if the Department is still producing that design.
5. If, in accordance with subsection 4, the Commission recommends that the Department take adverse action against a charitable organization, the Commission shall notify the charitable organization, in writing, of that fact within 30 days after making the recommendation. A charitable organization aggrieved by a recommendation of the Commission may, within 30 days after the date on which it received notice of the recommendation, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the Commissions recommendation. Within 30 days after receiving all facts, evidence and other relevant information submitted to the Department by the aggrieved charitable organization, the Department shall render a decision, in writing, as to whether the Department accepts or rejects the Commissions recommendation. The decision of the Department is a final decision for the purpose of judicial review.
Sec. 10. NRS 482.555 is hereby amended to read as follows:
482.555 1. In addition to any other penalty provided by this chapter:
[1.] (a) It is a gross misdemeanor for any person knowingly to falsify:
[(a)] (1) A dealers or rebuilders report of sale, as described in NRS 482.423 and 482.424;
[(b)] (2) An application or document to obtain any license, permit, certificate of title or vehicle registration issued under the provisions of this chapter; or
[(c)] (3) An application or document to obtain a salvage title or nonrepairable vehicle certificate as defined in chapter 487 of NRS.
[2.] (b) It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this section or other provision of this chapter or other law of this State declared to be a gross misdemeanor or a felony.
2. The provisions of this section do not apply to a violation of subsection 3 of NRS 482.367002.
Sec. 11. 1. If, before July 1, 2013, a person or organization submitted to the Department of Motor Vehicles an application for a special license plate pursuant to NRS 482.367002 and the application is still pending, the person or organization shall amend the application to include the information required by paragraphs (b) and (c) of subsection 2 of NRS 482.367002, as amended by section 2 of this act.
2. The provisions of this section do not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
Sec. 12. The provisions of this act do not affect the validity of any approval or other action taken by the Commission on Special License Plates before July 1, 2013.
Sec. 13. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1484κ
Assembly Bill No. 456Committee on Health and Human Services
CHAPTER 314
[Approved: June 1, 2013]
AN ACT relating to health care; requiring that advertisements for health care services include certain information; requiring a health care professional to communicate certain information to current and prospective patients; prescribing the format for certain advertisements and disclosures; requiring a health care professional to wear a name tag indicating his or her licensure or certification under certain circumstances; limiting the use of the term board certified by certain health care professionals; providing that a health care professional is subject to disciplinary action under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires that an advertisement for health care services include certain information regarding the qualifications of a health care professional to whom the advertisement pertains, including information regarding any license or certification held by the health care professional. This bill also provides that such advertisements must not include any deceptive or misleading information. This bill requires a health care professional to communicate his or her specific licensure to all current and prospective patients and requires such a communication to include a written disclosure statement which is conspicuously displayed in the office of the health care professional and which clearly identifies the type of license held by the health care professional. This bill requires a health care professional to wear a name tag indicating his or her licensure or certification while providing health care services other than sterile procedures in a health care facility. This bill requires a health care professional to comply, as applicable, with such advertising and disclosure requirements in each office in which he or she practices, prescribes the format for certain advertisements and disclosures and sets forth certain exceptions to such requirements. This bill also prohibits a health care professional who is a physician or osteopathic physician from using the term board certified unless he or she discloses the name of the board by which he or she is certified and the board: (1) is a member board of the American Board of Medical Specialties or the American Osteopathic Association; or (2) meets certain other requirements. This bill further provides that a health care professional who violates the provisions of this bill is subject to disciplinary action.
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 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 3:
(a) An advertisement for health care services that names a health care professional must identify the type of license or certificate held by the health care professional and must not contain any deceptive or misleading information. If an advertisement for health care services is in writing, the information concerning licensure and board certification that is required pursuant to this section must be prominently displayed in the advertisement using a font size and style to make the information readily apparent.
κ2013 Statutes of Nevada, Page 1485 (CHAPTER 314, AB 456)κ
information concerning licensure and board certification that is required pursuant to this section must be prominently displayed in the advertisement using a font size and style to make the information readily apparent.
(b) Except as otherwise provided in subsection 4, a health care professional who provides health care services in this State shall affirmatively communicate his or her specific licensure or certification to all current and prospective patients. Such communication must include, without limitation, a written patient disclosure statement that is conspicuously displayed in the office of the health care professional and which clearly identifies the type of license or certificate held by the health care professional. The statement must be in a font size sufficient to make the information reasonably visible.
(c) A health care professional shall, during the course of providing health care services other than sterile procedures in a health care facility, wear a name tag which indicates his or her specific licensure or certification.
(d) A physician or osteopathic physician shall not hold himself or herself out to the public as board certified in a specialty or subspecialty, and an advertisement for health care services must not include a statement that a physician or osteopathic physician is board certified in a specialty or subspecialty, unless the physician or osteopathic physician discloses the full and correct name of the board by which he or she is certified, and the board:
(1) Is a member board of the American Board of Medical Specialties or the American Osteopathic Association; or
(2) Requires for certification in a specialty or subspecialty:
(I) Successful completion of a postgraduate training program which is approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and which provides complete training in the specialty or subspecialty;
(II) Prerequisite certification by the American Board of Medical Specialties or the American Osteopathic Association in the specialty or subspecialty; and
(III) Successful completion of an examination in the specialty or subspecialty.
(e) A health care professional who violates any provision of this section is guilty of unprofessional conduct and is subject to disciplinary action by the board, agency or other entity in this State by which he or she is licensed, certified or regulated.
2. A health care professional who practices in more than one office shall comply with the requirements set forth in this section in each office in which he or she practices.
3. The provisions of this section do not apply to:
(a) A veterinarian or other person licensed under chapter 638 of NRS.
(b) A person who works in or is licensed to operate, conduct, issue a report from or maintain a medical laboratory under chapter 652 of NRS, unless the person provides services directly to a patient or the public.
κ2013 Statutes of Nevada, Page 1486 (CHAPTER 314, AB 456)κ
4. The provisions of paragraph (b) of subsection 1 do not apply to a health care professional who provides health care services in a medical facility licensed pursuant to chapter 449 of NRS or a hospital established pursuant to chapter 450 of NRS.
5. As used in this section:
(a) Advertisement means any printed, electronic or oral communication or statement that names a health care professional in relation to the practice, profession or institution in which the health care professional is employed, volunteers or otherwise provides health care services. The term includes, without limitation, any business card, letterhead, patient brochure, pamphlet, newsletter, telephone directory, electronic mail, Internet website, physician database, audio or video transmission, direct patient solicitation, billboard and any other communication or statement used in the course of business.
(b) Deceptive or misleading information means any information that falsely describes or misrepresents the profession, skills, training, expertise, education, board certification or licensure of a health care professional.
(c) Health care facility has the meaning ascribed to it in NRS 449.2414.
(d) Health care professional means any person who engages in acts related to the treatment of human ailments or conditions and who is subject to licensure, certification or regulation by the provisions of this title.
(e) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(f) Osteopathic physician has the meaning ascribed to it in NRS 633.091.
(g) Physician has the meaning ascribed to it in NRS 630.014.
Sec. 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on January 1, 2014.
________
κ2013 Statutes of Nevada, Page 1487κ
Assembly Bill No. 459Committee on Education
CHAPTER 315
[Approved: June 1, 2013]
AN ACT relating to school property; authorizing the board of trustees of a school district to donate surplus personal property of the school district to another school district; revising provisions relating to the duties of oversight panels for school facilities; revising provisions governing the submission of a biennial report to the Legislature with written recommendations for financing the costs of construction of school facilities by oversight panels for school facilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of trustees of a school district to donate surplus personal property of the school district to any charter school that is located within the school district without regard to certain notice, bidding, auction or other requirements relating to the disposal of personal property of a local government. (NRS 332.185) Section 2 of this bill authorizes a board of trustees of a school district likewise to donate surplus personal property to other school districts in this State without regard to the notice, bidding, auction or other requirements relating to the disposal of personal property of a local government. Section 1 of this bill authorizes a board of trustees of a school district to accept a donation of surplus personal property of another school district.
Existing law requires the board of trustees of a school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to establish an oversight panel for school facilities. (NRS 393.092) Such an oversight panel is required to submit biennially to the Legislature written recommendations for financing school construction costs. In a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the board of trustees of the school district is required to submit biennially to the Legislature written recommendations for financing school construction costs. (NRS 393.097) Existing law also authorizes a school district to issue general obligation bonds, after obtaining the approval of the countys debt management commission, if the issuance of the bonds is not expected to result in an increase in the existing property tax levy and the electors have approved a question that authorizes the issuance of bonds for 10 years after the date of approval. (NRS 350.020) In addition to the approval of the debt management commission, in a county whose population is 100,000 or more, the school district must obtain the approval of the oversight panel for school facilities. (NRS 350.020, 393.097) Section 6 of this bill provides that an oversight panel for school facilities is required to submit a biennial report to the Legislature with recommendations for financing school construction costs only if the oversight panel has approved the issuance of such general obligation bonds. The report must be submitted biennially during the period in which those bonds are outstanding.
Section 4 of this bill revises the circumstances under which an oversight panel for school facilities is required to hold meetings.
κ2013 Statutes of Nevada, Page 1488 (CHAPTER 315, AB 459)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 386.390 is hereby amended to read as follows:
386.390 Each board of trustees shall have the power to accept on behalf of and for the school district [any] :
1. Any gift or bequest of money or property for a purpose deemed by the board of trustees to be suitable, and to utilize such money or property for the purpose so designated [.] ; and
2. Any donation of surplus personal property of another school district made pursuant to subsection 2 of NRS 332.185.
Sec. 2. NRS 332.185 is hereby amended to read as follows:
332.185 1. Except as otherwise provided in subsection 2 and NRS 244.1505 and 334.070, all sales of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property. The governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, at public auction, if the governing body or its authorized representative determines that the property is no longer required for public use and deems such action desirable and in the best interests of the local government.
2. The board of trustees of a school district may donate surplus personal property of the school district to any other school district in this State or to a charter school that is located within the school district without regard to:
(a) The provisions of this chapter; or
(b) Any statute, regulation, ordinance or resolution that requires:
(1) The posting of notice or public advertising.
(2) The inviting or receiving of competitive bids.
(3) The selling or leasing of personal property by contract or at a public auction.
3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 393.092 is hereby amended to read as follows:
393.092 1. The board of trustees of a school district in a county whose population is 100,000 or more shall establish an oversight panel for school facilities, consisting of 11 members selected as follows:
(a) Six members who are elected representatives of local government, to be determined as follows:
(1) One member of the board of county commissioners appointed by a majority vote of the board of county commissioners;
(2) One member of the governing body of each incorporated city in the county, each of whom is appointed by a majority vote of the governing body of which he or she is a member; and
(3) If the membership determined pursuant to subparagraphs (1) and (2) is less than six, one additional member of the board of county commissioners appointed by a majority vote of the board of county commissioners and, if applicable, additional members of the governing bodies of incorporated cities in the county, each of whom must be appointed by a majority vote of the governing body of which he or she is a member, until six members have been appointed.
κ2013 Statutes of Nevada, Page 1489 (CHAPTER 315, AB 459)κ
by a majority vote of the governing body of which he or she is a member, until six members have been appointed. If the membership determined pursuant to this paragraph would result in an unequal number of representatives among the incorporated cities, the membership of the incorporated cities on the oversight panel must be rotated and the board of county commissioners shall draw lots to determine which city or cities will be first represented, which next, and so on.
(b) Five members appointed by the board of trustees of the county school district to be determined as follows:
(1) One member who has experience in structural or civil engineering;
(2) One member who has experience in matters relating to the construction of public works projects;
(3) One member who has experience in the financing or estimation of the cost of construction projects;
(4) One member who is a representative of the gaming industry; and
(5) One member who is a representative of the general public who has an interest in education.
2. After the initial terms, the term of each member of the oversight panel is 2 years. Members of the oversight panel are eligible for reappointment.
3. The oversight panel for school facilities may meet at the call of the chair of the oversight panel, but is not required to hold meetings except for the purposes of carrying out its duties pursuant to subsection 4 of NRS 350.020 and NRS 393.097 and, if applicable, for the purposes of carrying out expanded duties pursuant to NRS 393.096, or unless directed by the board of trustees of the school district.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 393.097 is hereby amended to read as follows:
393.097 1. [On] If an oversight panel for school facilities established pursuant to NRS 393.092 approves a request by the board of trustees of the school district for the issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020, the oversight panel shall, on or before July 1 of each even-numbered year [, each oversight panel for school facilities established in a county whose population is 100,000 or more pursuant to NRS 393.092] during the period in which those bonds are outstanding, and each board of trustees of a school district in a county whose population is less than 100,000 shall , on or before July 1 of each even-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature written recommendations for financing the costs of new construction, design, maintenance and repair of school facilities.
2. In a county whose population is 100,000 or more, the oversight panel for school facilities shall review and approve or disapprove a request by the board of trustees of the school district for the issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020.
Sec. 7. (Deleted by amendment.)
Sec. 8. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1490κ
Assembly Bill No. 471Committee on Ways and Means
CHAPTER 316
[Approved: June 1, 2013]
AN ACT making an appropriation to the Health Division of the Department of Health and Human Services for the operation of the vital records and statistics program in Fiscal Year 2012-2013; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Health Division of the Department of Health and Human Services the sum of $519,243 for the operation of the vital records and statistics program in Fiscal Year 2012-2013.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the Health Division of the Department of Health and Human Services or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the Health Division of the Department of Health and Human Services or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1491κ
Assembly Bill No. 478Committee on Ways and Means
CHAPTER 317
[Approved: June 1, 2013]
AN ACT making a supplemental appropriation to the Nevada Highway Patrol Division of the Department of Public Safety as reimbursement for unanticipated visiting dignitary protection assignments; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $14,803 as reimbursement for unanticipated visiting dignitary protection assignments. This appropriation is supplemental to that made in section 28 of chapter 371, Statutes of Nevada 2011, at page 2161.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 483Committee on Natural Resources, Agriculture, and Mining
CHAPTER 318
[Approved: June 1, 2013]
AN ACT relating to water; limiting the amount of the fees that the State Engineer may charge and collect for certain applications to appropriate water for wildlife purposes submitted by the Department of Wildlife; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Engineer to collect certain fees from persons applying to appropriate waters of the State for wildlife purposes. (NRS 533.435) This bill limits the amount of the fees that the State Engineer may charge and collect from the Department of Wildlife for certain applications to appropriate drain and flood waters within the Humboldt Sink for wildlife purposes.
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. The Legislature hereby finds and declares that, because of the unique and special conditions of the Humboldt Wildlife Management Area, certain limitations on fees imposed and collected by the State Engineer are necessary to allow the Department of Wildlife to maintain the wildlife and wetlands located within the Humboldt Wildlife Management Area.
κ2013 Statutes of Nevada, Page 1492 (CHAPTER 318, AB 483)κ
are necessary to allow the Department of Wildlife to maintain the wildlife and wetlands located within the Humboldt Wildlife Management Area. The Legislature further finds and declares that:
1. In 1975, the Department of Wildlife submitted four applications to the State Engineer for permission to appropriate certain drain and flood waters within the Humboldt Sink in the amount of 7,750 cubic feet per second for the purpose of maintaining the wildlife and wetlands located within the Humboldt Wildlife Management Area.
2. If the applications described in subsection 1 had been approved in 1975, the fees would have totaled $100 for all four applications.
3. Because of a backlog of applications, the State Engineer did not process the applications described in subsection 1 until 2008, when the fees totaled $387,500 for all four applications.
4. The water rights described in subsection 1 are necessary to maintain the wildlife and wetlands located within the Humboldt Wildlife Management Area because:
(a) The drain and flood waters are the only source of water for the Humboldt Wildlife Management Area;
(b) The groundwater in the Humboldt Wildlife Management Area and surrounding areas is of poor quality and not suitable for maintaining the wildlife and wetlands; and
(c) The amount of water necessary to maintain the wildlife and wetlands is not guaranteed and cannot be provided by the Pershing County Water Conservation District.
5. Awarding the water rights described in subsection 1 would not have adverse impacts on irrigation in this State or on the economy of this State.
6. A special act is necessary to limit the fees imposed upon the Department of Wildlife to a reasonable amount, and a general law cannot be made applicable because of the unique circumstances surrounding the applications and the necessity of the water rights in maintaining the wildlife and wetlands.
Sec. 2. Notwithstanding the provisions of NRS 533.435, the State Engineer shall charge and collect a fee of not more than $1,000 for each of the applications submitted in 1975 by the Department of Wildlife to appropriate drain and flood waters within the Humboldt Sink in the amount of 7,750 cubic feet per second for wildlife purposes.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1493κ
Senate Bill No. 27Committee on Judiciary
CHAPTER 319
[Approved: June 1, 2013]
AN ACT relating to legal representation; revising provisions governing the legal representation of certain persons by the Attorney General or the chief legal officer of a political subdivision in civil actions relating to certain public duties or employment; revising provisions concerning the crime of unlawfully soliciting legal business; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Attorney General provides legal counsel to any present or former officer or employee of the State, any immune contractor or any State Legislator in a civil action brought against that person based on any alleged act or omission relating to the persons public duty or employment if: (1) the person submits a written request for such legal counsel; and (2) the Attorney General determines that it appears that the person was acting within the course and scope of his or her public duty or employment and in good faith. In addition, under existing law, the chief legal officer or other authorized legal representative of a political subdivision of this State provides legal counsel to any present or former officer of that political subdivision or a present or former member of a local board or commission if: (1) the person submits a written request for such legal counsel; and (2) the chief legal officer or authorized legal representative determines that it appears that the person was acting within the scope of his or her public duty or employment and in good faith. (NRS 41.0339)
Sections 2-3 and 3.7-8 of this bill clarify existing law by specifically requiring: (1) the Attorney General to provide legal counsel under these circumstances to any present or former justice of the Supreme Court, senior justice, judge of a district court or senior judge; and (2) the chief legal officer or other authorized legal representative of a political subdivision of this State to provide legal counsel under these circumstances to any present or former justice of the peace, senior justice of the peace, municipal judge or senior municipal judge of that political subdivision. In addition, sections 2-3 and 3.7-8 require the Attorney General or the chief legal officer or other authorized legal representative of a political subdivision of this State to provide counsel for certain persons who are not employees or officers of the State or political subdivision but who are named as defendants in a civil action solely because of an alleged act or omission relating to the public duties or employment of certain officers or employees of the State or political subdivision.
Section 3.3 of this bill clarifies that the statutory provisions relating to legal representation in civil actions relating to the public duties or employment of such persons do not abrogate, alter or affect the immunity of such persons under other law.
Existing law establishes the crime of unlawful solicitation of legal business and provides that a person who commits this crime is guilty of a misdemeanor. (NRS 7.045) Section 8.3 of this bill revises the acts which constitute the crime of unlawful solicitation of legal business.
Section 8.5 of this bill provides that for the 78th Session of the Nevada Legislature, the Director of the Department of Administration must include the biennial cost of implementing this bill in the Attorney Generals cost allocation plan.
κ2013 Statutes of Nevada, Page 1494 (CHAPTER 319, SB 27)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.3, inclusive, of this act.
Sec. 2. As used in NRS 41.0338 to 41.0347, inclusive, and sections 2 to 3.3, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 41.0338 and sections 2.5 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 2.5. Local judicial officer means a justice of the peace, senior justice of the peace, municipal judge or senior municipal judge.
Sec. 3. State judicial officer means a justice of the Supreme Court, senior justice, judge of a district court or senior judge.
Sec. 3.3. The provisions of NRS 41.0338 to 41.0347, inclusive, and sections 2 to 3.3, inclusive, of this act do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, officer or employee of this State or a political subdivision of this State, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the persons public duties or employment.
Sec. 3.7. NRS 41.0337 is hereby amended to read as follows:
41.0337 1. No tort action arising out of an act or omission within the scope of a persons public duties or employment may be brought against any present or former:
[1.] (a) Local judicial officer or state judicial officer;
(b) Officer or employee of the State or of any political subdivision;
[2.] (c) Immune contractor; or
[3.] (d) State Legislator,
Κ unless the State or appropriate political subdivision is named a party defendant under NRS 41.031.
2. No tort action may be brought against a person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of any present or former:
(a) Local judicial officer or state judicial officer;
(b) Officer or employee of the State or of any political subdivision;
(c) Immune contractor; or
(d) State Legislator,
Κ unless the State or appropriate political subdivision is named a party defendant under NRS 41.031.
3. As used in this section:
(a) Local judicial officer has the meaning ascribed to it in section 2.5 of this act.
(b) State judicial officer has the meaning ascribed to it in section 3 of this act.
Sec. 4. NRS 41.0338 is hereby amended to read as follows:
41.0338 [As used in NRS 41.0338 to 41.0347, inclusive, unless the context otherwise requires, official] Official attorney means:
κ2013 Statutes of Nevada, Page 1495 (CHAPTER 319, SB 27)κ
1. The Attorney General, in an action which involves [a] :
(a) A present or former state judicial officer, State Legislator, officer or employee of this State, immune contractor or member of a state board or commission [.] ; or
(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).
2. The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves [a] :
(a) A present or former local judicial officer of that political subdivision, a present or former officer or employee of that political subdivision or a present or former member of a local board or commission [.]; or
(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).
Sec. 5. NRS 41.0339 is hereby amended to read as follows:
41.0339 1. The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the persons public duties or employment , or any other person who is named as a defendant in a civil action solely because of an alleged act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator, if:
[1.] (a) Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:
[(a)] (1) To the official attorney; or
[(b)] (2) If the officer, employee or immune contractor has an administrative superior, to the administrator of the persons agency and the official attorney; and
[2.] (b) The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.
2. If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the official attorney or a deputy of the official attorney, the official attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344, whichever is applicable.
Sec. 6. NRS 41.0341 is hereby amended to read as follows:
41.0341 If the complaint is filed in a court of this state:
1. The local judicial officer, state judicial officer, officer, employee, board or commission member , [or] State Legislator [;] or other person for whom the official attorney is required to provide a defense pursuant to NRS 41.0339; and
2. The state or any political subdivision named as a party defendant,
Κ each has 45 days after their respective dates of service to file an answer or other responsive pleading.
κ2013 Statutes of Nevada, Page 1496 (CHAPTER 319, SB 27)κ
Sec. 7. NRS 41.0346 is hereby amended to read as follows:
41.0346 1. At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission, [or] State Legislator [,] or any other person defended by the official attorney pursuant to NRS 41.0339, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:
(a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;
(b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;
(c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;
(d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;
(e) Failure of the defendant to cooperate in good faith with the defense of the case; or
(f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the State or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the [defendants] public [duty] duties or employment [.] of a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission or State Legislator.
2. If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the State or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.
Sec. 8. NRS 41.0347 is hereby amended to read as follows:
41.0347 1. If the official attorney does not provide for the defense of a present or former local judicial officer, state judicial officer, officer, employee, immune contractor, member of a board or commission of the State or any political subdivision or [of a] State Legislator in any civil action in which the State or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of the persons public duty or employment and that the persons act or omission was not wanton or malicious:
[1.] (a) If the Attorney General was responsible for providing the defense, the State is liable to that person for reasonable expenses in prosecuting the persons own defense, including court costs and attorneys fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.
[2.] (b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the persons own defense, including court costs and attorneys fees.
κ2013 Statutes of Nevada, Page 1497 (CHAPTER 319, SB 27)κ
2. If the official attorney does not provide for the defense of a person who is named a defendant in any civil action solely because of an alleged act or omission relating to the public duties or employment of a present or former local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator and the State or political subdivision is also named a defendant, or the civil action was brought in a court other than a court of competent jurisdiction of this State, and if it is judicially determined that the injuries arose out of an act or omission of a local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator during the performance of any duty within the course and scope of such a persons public duty or employment and that the persons act or omission was not wanton or malicious:
(a) If the Attorney General was responsible for providing the defense, the State is liable to the person for reasonable expenses in prosecuting the persons own defense, including court costs and attorneys fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.
(b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the persons own defense, including court costs and attorneys fees.
Sec. 8.3. NRS 7.045 is hereby amended to read as follows:
7.045 1. [It] Except as otherwise provided in this section, it shall be unlawful for [any person or persons within the State of Nevada, unless the person or persons be an attorney at law or attorneys at law, licensed and entitled to practice law under and by virtue of the laws of the State of Nevada,] a person, in exchange for compensation, to solicit [, influence or procure, or aid or participate in soliciting, influencing or procuring any person within this state] a tort victim to employ, hire or retain any attorney at law : [within this state for any legal service whatsoever, when such person or persons first hereinabove mentioned shall have, either before or after so soliciting, influencing or procuring, or aiding or participating therein as aforesaid, accepted or received or have been offered or promised from such attorney last mentioned, either directly or indirectly, any benefit, service, money, commission, property or any other thing of value, as consideration therefor, or compensation therefor, or reward therefor, or remuneration therefor, or in recognition thereof.]
(a) At the scene of a traffic accident that may result in a civil action; or
(b) At a county or city jail or detention facility.
2. It is unlawful for a person to conspire with another person to commit an act which violates the provisions of subsection 1.
3. This section does not prohibit or restrict:
(a) A recommendation for the employment, hiring or retention of an attorney at law in a manner that complies with the Nevada Rules of Professional Conduct.
(b) The solicitation of motor vehicle repair or storage services by a tow car operator.
(c) Any activity engaged in by police, fire or emergency medical personnel acting in the normal course of duty.
(d) A communication by a tort victim with the tort victims insurer concerning the investigation of a claim or settlement of a claim for property damage.
κ2013 Statutes of Nevada, Page 1498 (CHAPTER 319, SB 27)κ
(e) Any inquiries or advertisements performed in the ordinary course of a persons business.
4. A tort victim may void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this section.
5. Any person who violates any of the provisions of [subsection 1 shall be] this section is guilty of a misdemeanor.
6. As used in this section, tort victim means a person:
(a) Whose property has been damaged as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person;
(b) Who has been injured or killed as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person; or
(c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.
Sec. 8.5. For the 78th Session of the Nevada Legislature, in accordance with the provisions of subsection 2 of NRS 228.113, the Director of the Department of Administration shall include the biennial cost of implementing the provisions of this act in the Attorney Generals cost allocation plan.
Sec. 9. This act becomes effective on July 1, 2013.
________
Senate Bill No. 55Committee on Government Affairs
CHAPTER 320
[Approved: June 1, 2013]
AN ACT relating to land use planning; revising provisions governing the subject matter of master plans; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the subject matter that may be included in a master plan and specifies 19 separate plans and other items that may be so included, with the exception of certain cities and counties who must include all or a portion of certain elements in a master plan. (NRS 278.150-278.170) Section 3 of this bill reorganizes the 19 separate plans and other items into 8 different elements that may comprise a master plan. Pursuant to this reorganization, a master plan may now include: (1) a conservation element; (2) a historic preservation element; (3) a housing element; (4) a land use element; (5) a public facilities and services element; (6) a recreation and open space element; (7) a safety element; and (8) a transportation element.
Existing law provides that in a county whose population is 100,000 or more but less than 700,000 (currently Washoe County), if a planning commission or governing body of a city or county adopts only a portion of the master plan, the following must be included in the master plan: (1) a conservation plan; (2) a housing plan; and (3) a population plan. (NRS 278.150, 278.170) Sections 2 and 4 of this bill provide that if a planning commission or governing body in such a county adopts only a portion of a master plan, the following must be included in the master plan: (1) a conservation plan of the conservation element; (2) the housing element; and (3) a population plan of the public facilities and services element.
κ2013 Statutes of Nevada, Page 1499 (CHAPTER 320, SB 55)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 278.02556 is hereby amended to read as follows:
278.02556 Except as otherwise provided in this section, a governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall not adopt a master plan, facilities plan or other similar plan, or an amendment thereto, after March 1, 2001, unless the regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment. A governing body, regional agency, state agency or public utility may adopt an amendment to a land use plan described in [paragraph (g) of subsection 1 of] NRS 278.160 without affording the regional planning coalition the opportunity to make recommendations regarding the amendment.
Sec. 2. NRS 278.150 is hereby amended to read as follows:
278.150 1. The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commissions judgment bears relation to the planning thereof.
2. The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as otherwise provided in subsections 3 and 4, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.
3. In counties whose population is 100,000 or more but less than 700,000, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion [a] :
(a) A conservation plan [, a] of the conservation element, as described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 278.160;
(b) The housing [plan] element, as described in paragraph (c) of subsection 1 of NRS 278.160; and [a]
(c) A population plan [as provided in] of the public facilities and services element, as described in subparagraph (2) of paragraph (e) of subsection 1 of NRS 278.160.
4. In counties whose population is 700,000 or more, the governing body of the city or county shall adopt a master plan for all of the city or county that must address each of the [subjects] elements set forth in [subsection 1 of] NRS 278.160.
Sec. 3. NRS 278.160 is hereby amended to read as follows:
278.160 1. Except as otherwise provided in this section and [subsection] subsections 3 and 4 of NRS 278.150 and [subsection] subsections 2 and 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following [subject matter] elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) [Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
κ2013 Statutes of Nevada, Page 1500 (CHAPTER 320, SB 55)κ
(b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historic neighborhood preservation plan. The plan:
(1) Must include, without limitation:
(I) A plan to inventory historic neighborhoods.
(II) A statement of goals and methods to encourage the preservation of historic neighborhoods.
(2) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.
(e) Historical properties preservation plan. An inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(f) Housing plan. The housing plan must include, without limitation:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing to individuals and families in the community, regardless of income level.
(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.
(3) An analysis of projected growth and the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:
(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and
(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.
κ2013 Statutes of Nevada, Page 1501 (CHAPTER 320, SB 55)κ
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.
(g) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:
(1) Must address, if applicable:
(I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and
(II) The coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.
(2) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(h) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(i) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(j) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.
(k) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(l) Rural neighborhoods preservation plan. In any county whose population is 700,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(m) Safety plan. In any county whose population is 700,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(n) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
(o) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(p) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(q) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
κ2013 Statutes of Nevada, Page 1502 (CHAPTER 320, SB 55)κ
ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(r) Transit plan. Showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.
(s) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.] A conservation element, which must include:
(1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.
(2) A solid waste disposal plan showing general plans for the disposal of solid waste.
(b) A historic preservation element, which must include:
(1) A historic neighborhood preservation plan which:
(I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.
(II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.
(2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(c) A housing element, which must include, without limitation:
(1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.
(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.
(3) An analysis of projected growth and the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
κ2013 Statutes of Nevada, Page 1503 (CHAPTER 320, SB 55)κ
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:
(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and
(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.
(d) A land use element, which must include:
(1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:
(I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.
(II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.
(e) A public facilities and services element, which must include:
(1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.
(2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(3) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(4) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145. If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan.
κ2013 Statutes of Nevada, Page 1504 (CHAPTER 320, SB 55)κ
which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.
(5) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.
(f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(g) A safety element, which must include:
(1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.
(2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(h) A transportation element, which must include:
(1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.
(3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other [subjects] elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such [subject] element as a part of the master plan.
Sec. 4. NRS 278.170 is hereby amended to read as follows:
278.170 1. Except as otherwise provided in subsections 2 and 3, the commission may prepare and adopt all or any part of the master plan or any [subject] element thereof for all or any part of the city, county or region. Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.
κ2013 Statutes of Nevada, Page 1505 (CHAPTER 320, SB 55)κ
2. In counties whose population is 100,000 or more but less than 700,000, if the commission prepares and adopts less than all [subjects] elements of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption [, the] :
(a) A conservation [,] plan of the conservation element, as described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 278.160;
(b) The housing element, as described in paragraph (c) of subsection 1 of NRS 278.160; and
(c) A population [plans] plan of the public facilities and services element, as described in [that section.] subparagraph (2) of paragraph (e) of subsection 1 of NRS 278.160.
3. In counties whose population is 700,000 or more, the commission shall prepare and adopt a master plan for all of the city or county that must address each of the [subjects] elements set forth in [subsection 1 of] NRS 278.160.
Sec. 5. NRS 278.210 is hereby amended to read as follows:
278.210 1. Before adopting the master plan or any part of it in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.
2. Before a public hearing may be held pursuant to subsection 1 in a county whose population is 100,000 or more on an amendment to a master plan, including, without limitation, a gaming enterprise district, if applicable, the person who requested the proposed amendment must hold a neighborhood meeting to provide an explanation of the proposed amendment. Notice of such a meeting must be given by the person requesting the proposed amendment to:
(a) Each owner, as listed on the county assessors records, of real property located within a radius of 750 feet of the area to which the proposed amendment pertains;
(b) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest to the area to which the proposed amendment pertains, to the extent this notice does not duplicate the notice given pursuant to paragraph (a);
(c) Each tenant of a mobile home park if that park is located within a radius of 750 feet of the area to which the proposed amendment pertains; and
(d) If a military installation is located within 3,000 feet of the area to which the proposed amendment pertains, the commander of the military installation.
Κ The notice must be sent by mail at least 10 days before the neighborhood meeting and include the date, time, place and purpose of the neighborhood meeting.
3. Except as otherwise provided in NRS 278.225, the adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chair of the commission.
κ2013 Statutes of Nevada, Page 1506 (CHAPTER 320, SB 55)κ
the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chair of the commission.
4. Except as otherwise provided in NRS 278.225, no plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.
5. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in [paragraph (g) of subsection 1 of] NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to:
(a) A change in the land use designated for a particular area if the change does not affect more than 25 percent of the area; or
(b) A minor amendment adopted pursuant to NRS 278.225.
6. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.
7. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.
Sec. 6. NRS 278.230 is hereby amended to read as follows:
278.230 1. Except as otherwise provided in subsection 4 of NRS 278.150, whenever the governing body of any city or county has adopted a master plan or part thereof for the city or county, or for any major section or district thereof, the governing body shall, upon recommendation of the planning commission, determine upon reasonable and practical means for putting into effect the master plan or part thereof, in order that the same will serve as:
(a) A pattern and guide for that kind of orderly physical growth and development of the city or county which will cause the least amount of natural resource impairment and will conform to the adopted population plan, where required, and ensure an adequate supply of housing, including affordable housing; and
(b) A basis for the efficient expenditure of funds thereof relating to the [subjects] elements of the master plan.
2. The governing body may adopt and use such procedure as may be necessary for this purpose.
Sec. 7. NRS 278.235 is hereby amended to read as follows:
278.235 1. If the governing body of a city or county is required to include [a] the housing [plan] element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing [plan] element pursuant to subparagraph (8) of paragraph [(f)] (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:
κ2013 Statutes of Nevada, Page 1507 (CHAPTER 320, SB 55)κ
pursuant to subparagraph (8) of paragraph [(f)] (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:
(a) At the expense of the city or county, as applicable, subsidizing in whole or in part impact fees and fees for the issuance of building permits collected pursuant to NRS 278.580.
(b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.
(c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.
(d) Leasing land by the city or county to be used for affordable housing.
(e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.
(f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.
(g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.
(h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.
(i) Providing financial incentives or density bonuses to promote appropriate transit-oriented housing developments that would include an affordable housing component.
(j) Offering density bonuses or other incentives to encourage the development of affordable housing.
(k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.
(l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.
2. On or before January 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period.
κ2013 Statutes of Nevada, Page 1508 (CHAPTER 320, SB 55)κ
3. On or before February 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 2 and transmit the compilation to the Legislature, or the Legislative Commission if the Legislature is not in regular session.
Sec. 8. NRS 278.240 is hereby amended to read as follows:
278.240 Whenever the governing body of a city, county or region has adopted a master plan, or one or more [subject matters] elements thereof, for the city, county or region, or for a major section or district thereof, no street, square, park, or other public way, ground, or open space may be acquired by dedication or otherwise, except by bequest, and no street or public way may be closed or abandoned, and no public building or structure may be constructed or authorized in the area for which the master plan or one or more [subject matters] elements thereof has been adopted by the governing body unless the dedication, closure, abandonment, construction or authorization is approved in a manner consistent with the requirements of the governing body, board or commission having jurisdiction over such a matter.
Sec. 9. NRS 278.4787 is hereby amended to read as follows:
278.4787 1. Except as otherwise provided in subsection 5, a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:
(a) Landscaping;
(b) Public lighting;
(c) Security walls; and
(d) Trails, parks and open space which provide a substantial public benefit or which are required by the governing body for the primary use of the public.
2. A governing body shall establish by ordinance a procedure pursuant to which a request may be submitted pursuant to subsection 1 in the form of a petition, which must be signed by a majority of the owners whose property will be assessed and which must set forth descriptions of all tracts of land or residential units that would be subject to such an assessment.
3. The governing body may by ordinance designate a person to approve or disapprove a petition submitted pursuant to this section. If the governing body adopts such an ordinance, the ordinance must provide, without limitation:
(a) Procedures pursuant to which the petition must be reviewed to determine whether it would be desirable for the governing body to assume the maintenance of the proposed improvements.
(b) Procedures for the establishment of a maintenance district or unit of assessment.
(c) A method for:
(1) Determining the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:
(I) Benefit the development or subdivision in which the improvements are located; and
(II) Benefit the public;
(2) Assessing the tracts of land or residential units in the development or subdivision to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the development or subdivision in which the improvements are located; and
κ2013 Statutes of Nevada, Page 1509 (CHAPTER 320, SB 55)κ
governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the development or subdivision in which the improvements are located; and
(3) Allocating an amount of public money to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the public.
(d) Procedures for a petitioner or other aggrieved person to appeal to the governing body a decision of the person designated by the governing body by ordinance adopted pursuant to this subsection to approve or disapprove a petition.
4. If the governing body does not designate by an ordinance adopted pursuant to subsection 3 a person to approve or disapprove a petition, the governing body shall, after receipt of a complete petition submitted at least 120 days before the approval of the final map for the land, hold a public hearing at least 90 days before the approval of the final map for the land, unless otherwise waived by the governing body, to determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be undesirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall specify for the record its reasons for that determination. If the governing body determines that it would be desirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall by ordinance:
(a) Determine the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:
(1) Benefit the development or subdivision in which the improvements are located; and
(2) Benefit the public.
(b) Create a maintenance district or unit of assessment consisting of the tracts of land or residential units set forth in the petition or include the tracts of land or residential units set forth in the petition in an existing maintenance district or unit of assessment.
(c) Establish the method or, if the tracts or units are included within an existing maintenance district or unit of assessment, apply an existing method for determining:
(1) The amount of an assessment to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements. The amount of the assessment must be determined in accordance with the proportion to which such maintenance will benefit the development or subdivision in which the improvements are located.
(2) The time and manner of payment of the assessment.
(d) Provide that the assessment constitutes a lien upon the tracts of land or residential units within the maintenance district or unit of assessment. The lien must be executed, and has the same priority, as a lien for property taxes.
(e) Prescribe the levels of maintenance to be provided.
(f) Allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.
(g) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements, including, without limitation, matters relating to the ownership of the improvements and the land on which the improvements are located and any exposure to liability associated with the maintenance of the improvements.
κ2013 Statutes of Nevada, Page 1510 (CHAPTER 320, SB 55)κ
land on which the improvements are located and any exposure to liability associated with the maintenance of the improvements.
5. If the governing body requires an owner of land to dedicate a tract of land as a trail identified in the recreation plan of the governing body adopted pursuant to [paragraph (k) of subsection 1 of] NRS 278.160, the governing body shall:
(a) Accept ownership of the tract; and
(b) Assume the maintenance of the tract and any other improvement located on the land that is authorized in subsection 1.
6. The governing body shall record, in the office of the county recorder for the county in which the tracts of land or residential units included in a petition approved pursuant to this section are located, a notice of the creation of the maintenance district or unit of assessment that is sufficient to advise the owners of the tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice must be paid by the petitioner.
7. The provisions of this section apply retroactively to a development or subdivision with respect to which:
(a) An agreement or agreements between the owners of tracts of land within the development or subdivision and the developer allow for the provision of services in the manner set forth in this section; or
(b) The owners of affected tracts of land or residential units agree to dissolve the association for their common-interest community in accordance with the governing documents of the common-interest community upon approval by the governing body of a petition filed by the owners pursuant to this section.
Sec. 10. NRS 279.608 is hereby amended to read as follows:
279.608 1. If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan or otherwise determines that it would be necessary or desirable to amend the plan, the agency must recommend the amendment of the plan to the legislative body. An amendment may include the addition of one or more areas to any redevelopment area.
2. Before recommending amendment of the plan, the agency shall hold a public hearing on the proposed amendment. Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing must include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment.
3. In addition to the notice published pursuant to subsection 2, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment. The notice must:
(a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and
(b) Contain a brief summary of the intent of the proposed amendment.
κ2013 Statutes of Nevada, Page 1511 (CHAPTER 320, SB 55)κ
4. If after the public hearing, the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, those changes must be submitted by the agency to the planning commission for its report and recommendation. The planning commission shall give its report and recommendations to the legislative body within 30 days after the agency submitted the changes to the planning commission.
5. After receiving the recommendation of the agency concerning the changes in the plan, the legislative body shall hold a public hearing on the proposed amendment, notice of which must be published in a newspaper in the manner designated for notice of hearing by the agency. If after that hearing the legislative body determines that the amendments in the plan, proposed by the agency, are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan.
6. As used in this section, material deviation means an action that, if taken, would alter significantly one or more of the aspects of a redevelopment plan that are required to be shown in the redevelopment plan pursuant to NRS 279.572. The term includes, without limitation, the vacation of a street that is depicted in the streets and highways plan of the master plan described in [paragraph (q) of subsection 1 of] NRS 278.160 which has been adopted for the community and the relocation of a public park. The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in [paragraph (q) of subsection 1 of] NRS 278.160 which has been adopted for the community.
Sec. 11. This act becomes effective upon passage and approval.
________
Senate Bill No. 58Committee on Education
CHAPTER 321
[Approved: June 1, 2013]
AN ACT relating to education; eliminating or modifying certain restrictions on enrollment by a pupil in a program of distance education; providing for an additional exemption from the requirement that an unlicensed employee of a school district be directly supervised by a licensed employee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the establishment of programs of distance education, in which instruction is delivered to pupils by means of electronic communication. (NRS 388.820-388.874) However, existing law authorizes such instruction to be provided only under specified circumstances. For example, if the board of trustees of a school district operates an alternative program for the education of pupils at risk of dropping out of school, it may operate that program through a program of distance education. (NRS 388.537) A program of independent study for a pupil may also be offered through a program of distance education. (NRS 389.155) Certain pupils who are otherwise prohibited from attending public school because of criminal or disruptive behavior may enroll in a program of distance education. (NRS 392.264, 392.4642-392.4648, 392.466, 392.467, 392.4675) In summary, a pupil may enroll in a program of distance education only if the pupil otherwise qualifies for enrollment in the program under a statute of this kind and satisfies certain other requirements.
κ2013 Statutes of Nevada, Page 1512 (CHAPTER 321, SB 58)κ
of distance education only if the pupil otherwise qualifies for enrollment in the program under a statute of this kind and satisfies certain other requirements. (NRS 388.850) Section 2 of this bill deletes those requirements and provides that a pupil may enroll in a program of distance education unless the pupil: (1) is not eligible for enrollment or the pupils enrollment is otherwise prohibited by specific statute; (2) fails to satisfy the conditions for enrollment established by the State Board of Education by regulation; or (3) fails to satisfy the requirements of the program itself.
Before a pupil may enroll full-time or part-time in a program of distance education provided by a school district other than the district in which the pupil resides, existing law requires the pupil to obtain the written permission of the board of trustees of the pupils home district. (NRS 388.854) Section 3 of this bill eliminates this requirement for such a pupil who wishes to enroll on a part-time basis. In cases where the trustees written permission continues to be required, section 3 requires that permission be granted unless, pursuant to section 2 of this bill, the pupil does not qualify to participate in the program.
Existing law generally requires that an unlicensed employee of a school district be directly supervised by a licensed employee in performing any instructional duties unless an exemption is granted by the Superintendent of Public Instruction. (NRS 391.273) Section 5 of this bill authorizes the Superintendent to grant such an exemption in the case of an unlicensed employee who is supervising pupils attending a course of distance education while the pupils receive instruction from a licensed employee remotely, through electronic means.
Other limitations on enrollment in a program of distance education are established by existing law. For example, a pupil who is enrolled in private school or is homeschooled may not participate in a program of distance education provided by a school district or charter school. (NRS 388.850) These limitations are not affected by this bill.
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 388.829 is hereby amended to read as follows:
388.829 Program of distance education means a program comprised of one or more courses of distance education . [that is designed for pupils who meet the criteria for enrollment in a program of distance education prescribed in NRS 388.850.]
Sec. 2. NRS 388.850 is hereby amended to read as follows:
388.850 1. A pupil may enroll in a program of distance education [only if the pupil satisfies the requirements of any other applicable statute and the pupil:
(a) Is participating in a program for pupils at risk of dropping out of school pursuant to NRS 388.537;
(b) Is participating in a program of independent study pursuant to NRS 389.155;
(c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;
(d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;
(e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;
(f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;
κ2013 Statutes of Nevada, Page 1513 (CHAPTER 321, SB 58)κ
(g) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the pupil will benefit from the program; or
(h) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the pupil will benefit from the program.
2. In addition to the eligibility for enrollment set forth in subsection 1, a pupil must] unless:
(a) Pursuant to this section or other specific statute, the pupil is not eligible for enrollment or the pupils enrollment is otherwise prohibited;
(b) The pupil fails to satisfy the qualifications and conditions for enrollment [in a program of distance education] adopted by the State Board pursuant to NRS 388.874 [.
3.] ; or
(c) The pupil fails to satisfy the requirements of the program of distance education.
2. A child who is exempt from compulsory attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.
[4.] 3. If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.
[5. If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, the pupil may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he or she otherwise attends.]
Sec. 3. NRS 388.854 is hereby amended to read as follows:
388.854 1. [Except as otherwise provided in this subsection, before] Before a pupil may enroll full-time [or part-time] in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part-time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Except as otherwise provided in NRS 388.850 or other specific statute, a board of trustees from whom permission is requested pursuant to this subsection shall grant the requested permission.
2. A pupil who enrolls part-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides or enrolls full-time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.
[2.] 3. If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education.
κ2013 Statutes of Nevada, Page 1514 (CHAPTER 321, SB 58)κ
education. If permission is granted pursuant to subsection 1, the written agreement required by this subsection is not a condition precedent to the pupils enrollment in the program of distance education.
Sec. 4. NRS 388.874 is hereby amended to read as follows:
388.874 1. The State Board shall adopt regulations that prescribe:
(a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the Department pursuant to NRS 388.834 and the contents of the application;
(b) The process for submission of an application by the board of trustees of a school district, the governing body of a charter school or a committee to form a charter school to provide a program of distance education and the contents of the application;
(c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with NRS 388.850 [;] and any other applicable statute;
(d) A method for reporting to the Department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;
(e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and
(f) A written description of the process pursuant to which the State Board may revoke its approval for the operation of a program of distance education.
2. The State Board may adopt regulations as it determines are necessary to carry out the provisions of NRS 388.820 to 388.874, inclusive.
Sec. 5. NRS 391.273 is hereby amended to read as follows:
391.273 1. Except as otherwise provided in [subsections 4 and 10] this section and except for persons who are supervised pursuant to NRS 391.096, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4 , 5 or 6 must be under administrative supervision when performing any duties which are instructional in nature.
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Except as otherwise provided in subsection [5,] 7, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 [. The] pursuant to subsection 5 or 6.
5. Except as otherwise provided in subsection 6, the Superintendent shall not grant an exemption from the provisions of subsection 1 unless:
(a) The duties are within the employees special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
κ2013 Statutes of Nevada, Page 1515 (CHAPTER 321, SB 58)κ
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.
[5.] 6. Upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 if:
(a) The duties of the unlicensed employee relate to the supervision of pupils attending a course of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, while the pupils are receiving instruction from a licensed employee remotely through any electronic means of communication; and
(b) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.
7. The exemption authorized by subsection 4 , 5 or 6 does not apply to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto require the paraprofessional to be directly supervised by a licensed teacher.
[6.] 8. The Superintendent of Public Instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties the exempt employee may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the Superintendent of Public Instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
[7.] 9. The Superintendent of Public Instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
[8.] 10. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teachers aide to serve as a teacher unless the person is a legally qualified teacher licensed by the Superintendent of Public Instruction. As used in this subsection, emergency means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
[9.] 11. If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection [8,] 10, the Superintendent shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teachers aide; and
(c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.
κ2013 Statutes of Nevada, Page 1516 (CHAPTER 321, SB 58)κ
[10.] 12. The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school, unless a paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 94Committee on Commerce, Labor and Energy
CHAPTER 322
[Approved: June 1, 2013]
AN ACT relating to financial services; authorizing certain licensees to charge a late fee on a loan in default under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain limitations on the amounts that a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service may charge after a customer defaults on a loan. (NRS 604A.485) This bill authorizes certain licensees to charge not more than $15, payable on a one-time basis, for any installment payment that remains unpaid 10 days or more after the date of default.
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 604A of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to the amounts authorized to be collected pursuant to NRS 604A.485, a licensee who makes a high-interest loan in accordance with the provisions of subsection 2 of NRS 604A.480 may charge a fee of not more than $15, payable on a one-time basis, for any installment payment that remains unpaid 10 days or more after the date of default.
Sec. 2. NRS 604A.407 is hereby amended to read as follows:
604A.407 1. Except as otherwise provided in this section, for the purposes of determining whether a loan is a high-interest loan, when determining whether a lender is charging an annual percentage rate of more than 40 percent, calculations must be made in accordance with the Truth in Lending Act and Regulation Z, except that every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate, including, without limitation:
(a) Interest;
(b) Application fees, regardless of whether such fees are charged to all applicants or credit is actually extended;
(c) Fees charged for participation in a credit plan, whether assessed on an annual, periodic or nonperiodic basis; and
(d) Prepaid finance charges.
κ2013 Statutes of Nevada, Page 1517 (CHAPTER 322, SB 94)κ
2. The following charges and fees must be excluded from the calculation of the annual percentage rate pursuant to subsection 1:
(a) Any fees allowed pursuant to NRS 604A.490 or 675.365 for a check not paid upon presentment or an electronic transfer of money that fails;
(b) Interest accrued after default pursuant to paragraph (c) of subsection 1 of NRS 604A.485;
(c) Charges for an unanticipated late payment, exceeding a credit limit, or a delinquency, default or similar occurrence; [and]
(d) Any premiums or identifiable charges for insurance permitted pursuant to NRS 675.300 [.] ; and
(e) The fee allowed pursuant to section 1 of this act.
3. Calculation of the annual percentage rate in the manner specified in this section is limited only to the determination of whether a loan is a high-interest loan and must not be used in compliance with the disclosure requirements of paragraph (g) of subsection 2 of NRS 604A.410 or any other provisions of this chapter requiring disclosure of an annual percentage rate in the making of a loan.
Sec. 3. NRS 604A.485 is hereby amended to read as follows:
604A.485 1. If a customer defaults on a loan or on any extension or repayment plan relating to the loan, whichever is later, the licensee may collect only the following amounts from the customer, less all payments made before and after default:
(a) The unpaid principal amount of the loan.
(b) The unpaid interest, if any, accrued before the default at the annual percentage rate set forth in the disclosure statement required by the Truth in Lending Act and Regulation Z that is provided to the customer. If there is an extension, in writing and signed by the customer, relating to the loan, the licensee may charge and collect interest pursuant to this paragraph for a period not to exceed 60 days after the expiration of the initial loan period, unless otherwise allowed by NRS 604A.480.
(c) The interest accrued after the expiration of the initial loan period or after any extension or repayment plan that is allowed pursuant to this chapter, whichever is later, at an annual percentage rate not to exceed the prime rate at the largest bank in Nevada, as ascertained by the Commissioner, on January 1 or July 1, as the case may be, immediately preceding the expiration of the initial loan period, plus 10 percent. The licensee may charge and collect interest pursuant to this paragraph for a period not to exceed 90 days. After that period, the licensee shall not charge or collect any interest on the loan.
(d) Any fees allowed pursuant to NRS 604A.490 for a check that is not paid upon presentment or an electronic transfer of money that fails because the account of the customer contains insufficient funds or has been closed.
Κ The sum of all amounts collected pursuant to paragraphs (b), (c) and (d) must not exceed the principal amount of the loan.
2. Except for the interest and fees permitted pursuant to subsection 1 and any other charges expressly permitted pursuant to NRS 604A.430, 604A.445 and 604A.475, and section 1 of this act, the licensee shall not charge any other amount to a customer, including, without limitation, any amount or charge payable directly or indirectly by the customer and imposed directly or indirectly by the licensee as an incident to or as a condition of the extension of the period for the payment of the loan or the extension of credit. Such prohibited amounts include, without limitation:
κ2013 Statutes of Nevada, Page 1518 (CHAPTER 322, SB 94)κ
(a) Any interest, other than the interest charged pursuant to subsection 1, regardless of the name given to the interest; or
(b) Any origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fee.
________
Senate Bill No. 99Committee on Health and Human Services
CHAPTER 323
[Approved: June 1, 2013]
AN ACT relating to child welfare; requiring an agency which provides child welfare services to obtain and examine the credit report for certain children in its custody; requiring the agency to report each potential instance of identity theft or other crime to the Attorney General and make a diligent effort to resolve any inaccuracy in the report; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an agency which provides child welfare services to provide maintenance and special services to children who are placed in the custody of the agency. (NRS 432.020) This bill requires an agency which provides child welfare services to obtain and examine the credit report of certain children placed into its custody when each child reaches the age of 16 years or, if a child has reached the age of 16 years before being placed into the custody of the agency, within 90 days after placement of the child, and at least once annually thereafter to identify any inaccuracies in the credit report. This bill requires the agency, before obtaining the credit report, to inform each child of this requirement to obtain and examine his or her credit report and to explain to the child how inaccuracies on his or her credit report may be resolved and what financial impact an inaccuracy may have if left unresolved. If the agency finds any inaccuracies, this bill requires the agency to report any information which indicates that a potential instance of identity theft or other crime may have occurred to the Attorney General and to continue to make a diligent effort to resolve each inaccuracy until all inaccuracies have been corrected or the child leaves the custody of the agency. If the child leaves the custody of the agency, this bill requires the agency to notify the child or the person responsible for the welfare of the child of any remaining inaccuracies, how the inaccuracies may be resolved and any community services that may be available to assist in resolving the inaccuracies. This bill authorizes the Attorney General to investigate any such reports and prosecute the persons responsible for any identity theft identified in the investigation.
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 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before an agency which provides child welfare services requests and examines a copy of any credit report pursuant to subsection 2, the agency which provides child welfare services shall, to the greatest extent practicable:
κ2013 Statutes of Nevada, Page 1519 (CHAPTER 323, SB 99)κ
(a) Inform the child of the requirement to request and examine a copy of any credit report that may exist for the child;
(b) Explain to the child the process for resolving any inaccuracy discovered on any such credit report; and
(c) Explain to the child the possible consequences of an inaccuracy on a credit report of the child.
2. An agency which provides child welfare services shall request and examine a copy of any credit report that may exist for each child who remains in the custody of the agency which provides child welfare services for 60 or more consecutive days:
(a) When the child reaches the age of 16 years, and then at least once annually thereafter as required pursuant to 42 U.S.C. § 675(5)(I); or
(b) If the child has reached the age of 16 years before the child is placed in the custody of the agency which provides child welfare services, within 90 days after the placement of the child in the custody of the agency which provides child welfare services, and then at least once annually thereafter as required pursuant to 42 U.S.C. § 675(5)(I).
3. An agency which provides child welfare services shall determine from the examination of a credit report pursuant to this section whether the credit report contains inaccurate information and whether the credit report indicates that identity theft or any other crime has been committed against the child.
4. If the agency which provides child welfare services determines that an inaccuracy exists in the credit report of a child, the agency which provides child welfare services must:
(a) Report any information which may indicate identity theft or other crime to the Attorney General;
(b) Make a diligent effort to resolve the inaccuracy as soon as practicable; and
(c) If an inaccuracy remains unresolved after the child has left the custody of the agency which provides child welfare services, notify the child or, if the child has not attained the age of majority, the person responsible for the childs welfare:
(1) That an inaccuracy exists in the credit report of the child;
(2) Of the manner in which to correct the inaccuracy; and
(3) Of any services that may be available in the community to provide assistance in correcting the inaccuracy.
5. An agency which provides child welfare services may, upon consent of a child who remains under the jurisdiction of a court pursuant to NRS 432B.594, continue to request and examine a credit report of the child and provide assistance to the child if an inaccuracy is discovered.
6. The Attorney General may investigate each potential instance of identity theft or crime reported pursuant to subsection 4 and prosecute in accordance with law each person responsible for any identity theft identified in the investigation.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1520κ
Senate Bill No. 107Committee on Judiciary
CHAPTER 324
[Approved: June 1, 2013]
AN ACT relating to the administration of justice; restricting the use of corrective room restriction on children who are in confinement in a state, local or regional facility for the detention of children; requiring the Advisory Commission on the Administration of Justice to conduct a study concerning detention and incarceration; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 1 and 2 of this bill authorize the use of corrective room restriction on a child who is detained in a state, local or regional facility for the detention of children only if all other less-restrictive options have been exhausted and only to: (1) modify the negative behavior of the child; (2) hold the child accountable for a violation of a rule of the facility; or (3) ensure the safety of the child, the staff or others or to ensure the security of the facility. Sections 1 and 2 also: (1) specify certain actions that must be taken with respect to a child subjected to corrective room restriction; (2) provide that if a child is subjected to corrective room restriction, the period of corrective room restriction must be the minimum time required to address the negative behavior, rule violation or threat; and (3) provide that a child must not be subjected to corrective room restriction for more than 72 consecutive hours.
Existing law establishes the Advisory Commission on the Administration of Justice and directs the Commission, among other duties, to identify and study the elements of this States system of criminal justice. (NRS 176.0123, 176.0125) Section 7 of this bill requires the Commission to conduct a study concerning certain aspects of detention and incarceration in this State.
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 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A child who is detained in a local or regional facility for the detention of children may be subjected to corrective room restriction only if all other less-restrictive options have been exhausted and only for the purpose of:
(a) Modifying the negative behavior of the child;
(b) Holding the child accountable for a violation of a rule of the facility; or
(c) Ensuring the safety of the child, staff or others or ensuring the security of the facility.
2. Any action that results in corrective room restriction for more than 2 hours must be documented in writing and approved by a supervisor.
3. A local or regional facility for the detention of children shall conduct a safety and well-being check on a child subjected to corrective room restriction at least once every 10 minutes while the child is subjected to corrective room restriction.
κ2013 Statutes of Nevada, Page 1521 (CHAPTER 324, SB 107)κ
4. A child may be subjected to corrective room restriction only for the minimum time required to address the negative behavior, rule violation or threat to the safety of the child, staff or others or to the security of the facility, and the child must be returned to the general population of the facility as soon as reasonably possible.
5. A child who is subjected to corrective room restriction for more than 24 hours must be provided:
(a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;
(b) Access to the same meals and medical and mental health treatment, the same access to contact with parents or legal guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility; and
(c) A review of the corrective room restriction status at least once every 24 hours. If, upon review, the corrective room restriction is continued, the continuation must be documented in writing, including, without limitation, an explanation as to why no other less-restrictive option is available.
6. A local or regional facility for the detention of children shall not subject a child to corrective room restriction for more than 72 consecutive hours.
7. A local or regional facility for the detention of children shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective room restriction. Any incident that resulted in the use of corrective room restriction for 72 consecutive hours must be addressed in the monthly report, and the report must include the reason or reasons any attempt to return the child to the general population of the facility was unsuccessful.
8. As used in this section, corrective room restriction means the confinement of a child to his or her room as a disciplinary or protective action and includes, without limitation:
(a) Administrative seclusion;
(b) Behavioral room confinement;
(c) Corrective room rest; and
(d) Room confinement.
Sec. 2. Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A child who is detained in a facility may be subjected to corrective room restriction only if all other less-restrictive options have been exhausted and only for the purpose of:
(a) Modifying the negative behavior of the child;
(b) Holding the child accountable for a violation of a rule of the facility; or
(c) Ensuring the safety of the child, staff or others or ensuring the security of the facility.
2. Any action that results in corrective room restriction for more than 2 hours must be documented in writing and approved by a supervisor.
3. A facility shall conduct a safety and well-being check on a child subjected to corrective room restriction at least once every 10 minutes while the child is subjected to corrective room restriction.
κ2013 Statutes of Nevada, Page 1522 (CHAPTER 324, SB 107)κ
4. A child may be subjected to corrective room restriction only for the minimum time required to address the negative behavior, rule violation or threat to the safety of the child, staff or others or to the security of the facility, and the child must be returned to the general population of the facility as soon as reasonably possible.
5. A child who is subjected to corrective room restriction for more than 24 hours must be provided:
(a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;
(b) Access to the same meals and medical and mental health treatment, the same access to contact with parents or legal guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility; and
(c) A review of the corrective room restriction status at least once every 24 hours. If, upon review, the corrective room restriction is continued, the continuation must be documented in writing, including, without limitation, an explanation as to why no other less-restrictive option is available.
6. A facility shall not subject a child to corrective room restriction for more than 72 consecutive hours.
7. A facility shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective room restriction. Any incident that resulted in the use of corrective room restriction for more than 72 consecutive hours must be addressed in the monthly report, and the report must include the reason or reasons any attempt to return the child to the general population of the facility was unsuccessful.
8. As used in this section, corrective room restriction means the confinement of a child to his or her room as a disciplinary or protective action and includes, without limitation:
(a) Administrative seclusion;
(b) Behavioral room confinement;
(c) Corrective room rest; and
(d) Room confinement.
Secs. 3-6. (Deleted by amendment.)
Sec. 7. The Advisory Commission on the Administration of Justice created pursuant to NRS 176.0123 shall, during the 2013-2014 interim, conduct a study concerning detention and incarceration in this State. The study must include, without limitation, an evaluation of:
1. Procedures regarding placement in, and release from, protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction and solitary confinement;
2. Security threat group identification, including, without limitation, any information relating to gang activity;
3. Notification of release and release procedures;
4. Access provided to children, offenders and prisoners confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement to:
(a) Mental health services;
(b) Audio and visual media for appropriate mental stimulation;
(c) Daily contact with staff;
κ2013 Statutes of Nevada, Page 1523 (CHAPTER 324, SB 107)κ
(d) Health care services;
(e) Substance abuse programs and services;
(f) Reentry resources and transitional programs and services;
(g) Programs and services for offenders and prisoners who are veterans;
(h) Educational programming; and
(i) Other programs and services that are available to the general population;
5. The amount of specialized training provided to staff who interact with children, offenders and prisoners who are confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement;
6. The number of children, offenders and prisoners confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement who were referred to mental health professionals;
7. The number of children, offenders and prisoners in the general population who were referred to mental health professionals;
8. The number of children, offenders and prisoners confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement who have a mental health diagnosis;
9. The number of children, offenders and prisoners in the general population who have a mental health diagnosis;
10. The number of suicides and suicide attempts during the years of 2010, 2011 and 2012 among children, offenders and prisoners who are confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement;
11. The number of suicides and suicide attempts during the years of 2010, 2011 and 2012 among children, offenders and prisoners in the general population;
12. The number of reviews conducted by facilities concerning the placement of a child, offender or prisoner in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement that resulted in the child, offender or prisoner being transferred to the general population;
13. The average length of time children, offenders and prisoners were continuously confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement, categorized by age, race, sexual orientation, gender identity or expression and classification of the offense;
14. The longest and shortest length of time a child, offender or prisoner was continuously confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement, categorized by age, race, sexual orientation, gender identity or expression and classification of the offense;
15. A summary of the reasons for which children, offenders and prisoners were placed in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement;
16. The rate of recidivism among children, offenders and prisoners who were confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement at any time before release or discharge;
κ2013 Statutes of Nevada, Page 1524 (CHAPTER 324, SB 107)κ
disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement at any time before release or discharge;
17. The rate of recidivism among children, offenders and prisoners who were never confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement;
18. The number of children, offenders and prisoners who were confined in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement immediately before being discharged from detention, including those discharged to parole or mandatory supervision; and
19. A calculation of the cost per day of confining a child, offender and prisoner in protective segregation, administrative segregation, disciplinary segregation, disciplinary detention, corrective room restriction or solitary confinement.
________
Senate Bill No. 131Senator Cegavske
Joint Sponsor: Assemblywoman Kirkpatrick
CHAPTER 325
[Approved: June 1, 2013]
AN ACT relating to personal representatives; authorizing a personal representative to direct the termination of a decedents account on certain Internet websites; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the powers and duties of a personal representative in the administration of the estate of a decedent. (Chapter 143 of NRS) This bill authorizes a personal representative to direct the termination of any account of the decedent on any Internet website providing social networking or web log, microblog, short message or electronic mail service.
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 143 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, subject to such restrictions as may be prescribed in the will of a decedent or by an order of a court of competent jurisdiction, a personal representative has the power to direct the termination of any account of the decedent, including, without limitation:
(a) An account on any:
(1) Social networking Internet website;
(2) Web log service Internet website;
κ2013 Statutes of Nevada, Page 1525 (CHAPTER 325, SB 131)κ
(3) Microblog service Internet website;
(4) Short message service Internet website; or
(5) Electronic mail service Internet website; or
(b) Any similar electronic or digital asset of the decedent.
2. The provisions of subsection 1 do not authorize a personal representative to direct the termination of any financial account of the decedent, including, without limitation, a bank account or investment account.
3. The act by a personal representative to direct the termination of any account or asset of a decedent pursuant to subsection 1 does not invalidate or abrogate any conditions, terms of service or contractual obligations the holder of such an account or asset has with the provider or administrator of the account, asset or Internet website.
________
Senate Bill No. 177Senators Settelmeyer, Hardy; Cegavske, Goicoechea, Gustavson, Hammond, Hutchison, Jones, Kieckhefer, Segerblom and Woodhouse
Joint Sponsor: Assemblyman Wheeler
CHAPTER 326
[Approved: June 1, 2013]
AN ACT relating to tobacco; authorizing a board of county commissioners to adopt an ordinance prohibiting a minor from committing certain acts relating to the possession and use of tobacco products; revising various provisions relating to tobacco products; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 17 of this bill authorizes a board of county commissioners to adopt an ordinance which prohibits a minor from purchasing or attempting to purchase tobacco products, possessing or attempting to possess tobacco products, using tobacco products or falsely representing his or her age to purchase, possess or obtain tobacco products. Section 4 of this bill provides that a child may be issued a citation for violating the ordinance. Under section 4, a citation for a violation of the ordinance may be issued to a child who is the occupant of a vehicle only if the vehicle is halted or its driver arrested for another offense. Section 3 of this bill provides that a probation officer may act as a master of the juvenile court if the proceeding involves such a citation. Under sections 3.3, 3.7 and 17 of this bill, a child who violates the ordinance is a child in need of supervision for the purposes of juvenile court proceedings rather than a delinquent child.
Section 5 of this bill sets forth the possible penalties if a child is adjudicated to be in need of supervision because the child has committed a violation of the ordinance. Under section 5, the juvenile court may order a child to pay a $25 fine for a first adjudication, a $50 fine for a second adjudication and a $75 fine for a third or any subsequent adjudication. If the juvenile court orders a child to pay such a fine, section 5 requires the juvenile court to order the child to pay a $10 administrative assessment in addition to the fine. Section 5 further provides that: (1) for any adjudication that a child is in need of supervision because the child committed a violation of the ordinance, the juvenile court may order a child to attend a tobacco awareness and cessation program; and (2) for a third or any subsequent adjudication or for a willful failure by the child to pay a fine or administrative assessment, the juvenile court may order a suspension or delay in the issuance of the childs drivers license for at least 30 days but not more than 90 days.
κ2013 Statutes of Nevada, Page 1526 (CHAPTER 326, SB 177)κ
awareness and cessation program; and (2) for a third or any subsequent adjudication or for a willful failure by the child to pay a fine or administrative assessment, the juvenile court may order a suspension or delay in the issuance of the childs drivers license for at least 30 days but not more than 90 days. Under section 5, if the juvenile court orders the suspension or delay in the issuance of a childs drivers license, the juvenile court may order the Department of Motor Vehicles to issue to the child a restricted drivers license that authorizes the child to drive to and from school or work or to acquire medicine or food for himself or herself or for an immediate family member.
Existing law prohibits various acts related to tobacco or products made from tobacco. (NRS 202.2485-202.2497) Sections 11-16 of this bill revise these prohibitions to include tobacco or products made or derived from tobacco, and define the term products made or derived from tobacco.
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 62A of NRS is hereby amended by adding thereto a new section to read as follows:
Offense related to tobacco means a violation of an ordinance adopted by a board of county commissioners pursuant to section 17 of this act.
Sec. 2. NRS 62A.010 is hereby amended to read as follows:
62A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 62A.020 to 62A.350, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 62B.020 is hereby amended to read as follows:
62B.020 1. Except as otherwise provided in this section, the juvenile court or the chief judge of the judicial district may appoint any person to act as a master of the juvenile court if the person is qualified by previous experience, training and demonstrated interest in the welfare of children to act as a master of the juvenile court.
2. A probation officer shall not act as a master of the juvenile court unless the proceeding concerns:
(a) A minor traffic offense; [or]
(b) An offense related to tobacco; or
(c) A child who is alleged to be a habitual truant.
3. If a person is appointed to act as a master of the juvenile court, the person shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile court on the first occasion when such instruction is offered after the person is appointed.
4. If, for any reason, a master of the juvenile court is unable to act, the juvenile court or the chief judge of the judicial district may appoint another qualified person to act temporarily as a master of the juvenile court during the period that the master who is regularly appointed is unable to act.
5. The compensation of a master of the juvenile court:
(a) May not be taxed against the parties.
(b) Must be paid out of appropriations made for the expenses of the district court, if the compensation is fixed by the juvenile court.
κ2013 Statutes of Nevada, Page 1527 (CHAPTER 326, SB 177)κ
Sec. 3.3. NRS 62B.320 is hereby amended to read as follows:
62B.320 1. Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:
(a) Is subject to compulsory school attendance and is a habitual truant from school;
(b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;
(c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation; [or]
(d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737 [.] ; or
(e) Commits an offense related to tobacco.
2. A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.
3. As used in this section:
(a) Electronic communication device has the meaning ascribed to it in NRS 200.737.
(b) Sexual image has the meaning ascribed to it in NRS 200.737.
Sec. 3.7. NRS 62B.330 is hereby amended to read as follows:
62B.330 1. Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.
2. For the purposes of this section, a child commits a delinquent act if the child:
(a) Violates a county or municipal ordinance [;] other than an offense related to tobacco;
(b) Violates any rule or regulation having the force of law; or
(c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.
3. For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
κ2013 Statutes of Nevada, Page 1528 (CHAPTER 326, SB 177)κ
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and
(2) The person 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.
(e) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:
(1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or
(2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.
(f) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
Sec. 4. Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child is stopped or otherwise detained by a peace officer for an offense related to tobacco, the peace officer may prepare and issue a citation in the same manner in which a traffic citation is prepared and issued pursuant to NRS 62C.070.
2. If a child who is issued a citation for an offense related to tobacco executes a written promise to appear in court by signing the citation, the peace officer:
(a) Shall deliver a copy of the citation to the child; and
(b) Shall not take the child into physical custody for the violation.
3. A citation for an offense related to tobacco may be issued to a child who is an occupant of a vehicle pursuant to this section only if the violation is discovered when the vehicle is halted or its driver is arrested for another alleged violation or offense.
Sec. 5. Chapter 62E of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, the juvenile court may:
(a) The first time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order the child to:
κ2013 Statutes of Nevada, Page 1529 (CHAPTER 326, SB 177)κ
(1) Pay a fine of $25; and
(2) Attend and complete a tobacco awareness and cessation program.
(b) The second time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order the child to:
(1) Pay a fine of $50; and
(2) Attend and complete a tobacco awareness and cessation program.
(c) The third or any subsequent time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order:
(1) The child to pay a fine of $75;
(2) The child to attend and complete a tobacco awareness and cessation program; and
(3) That the drivers license of the child be suspended for at least 30 days but not more than 90 days or, if the child does not possess a drivers license, prohibit the child from receiving a drivers license for at least 30 days but not more than 90 days:
(I) Immediately following the date of the order, if the child is eligible to receive a drivers license.
(II) After the date the child becomes eligible to apply for a drivers license, if the child is not eligible to receive a license on the date of the order.
2. If the juvenile court orders a child to attend and complete a tobacco awareness and cessation program, the juvenile court may order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to attend the program.
3. If the juvenile court orders a child to pay a fine pursuant to this section, the juvenile court shall order the child to pay an administrative assessment pursuant to NRS 62E.270.
4. If the juvenile court orders a child to pay a fine and administrative assessment pursuant to this section and the child willfully fails to pay the fine or administrative assessment, the juvenile court may order that the drivers license of the child be suspended for at least 30 days but not more than 90 days or, if the child does not possess a drivers license, prohibit the child from receiving a drivers license for at least 30 days but not more than 90 days:
(a) Immediately following the date of the order, if the child is eligible to receive a drivers license.
(b) After the date the child becomes eligible to apply for a drivers license, if the child is not eligible to receive a license on the date of the order.
Κ If the child is already the subject of a court order suspending or delaying the issuance of the drivers license of the child, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
5. If the juvenile court suspends the drivers license of a child pursuant to this section, the juvenile court may order the Department of Motor Vehicles to issue a restricted drivers license pursuant to NRS 483.490 permitting the child to drive a motor vehicle:
κ2013 Statutes of Nevada, Page 1530 (CHAPTER 326, SB 177)κ
(a) To and from work or in the course of his or her work, or both;
(b) To and from school; or
(c) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.
Sec. 6. NRS 62E.270 is hereby amended to read as follows:
62E.270 1. If the juvenile court imposes a fine against:
(a) A delinquent child pursuant to NRS 62E.730;
(b) A child who has committed a minor traffic offense, except an offense related to metered parking, pursuant to NRS 62E.700; or
(c) A child in need of supervision, or the parent or guardian of the child, because the child is a habitual truant pursuant to NRS 62E.430,
Κ the juvenile court shall order the child or the parent or guardian of the child to pay an administrative assessment of $10 in addition to the fine.
2. If, pursuant to section 5 of this act, the juvenile court imposes a fine against a child who has committed an offense related to tobacco, the juvenile court shall order the child to pay an administrative assessment of $10 in addition to the fine.
3. The juvenile court shall state separately on its docket the amount of money that the juvenile court collects for the administrative assessment.
[3.] 4. If the child is found not to have committed the alleged act or the charges are dropped, the juvenile court shall return to the child or the parent or guardian of the child any money deposited with the juvenile court for the administrative assessment.
[4.] 5. On or before the fifth day of each month for the preceding month, the clerk of the court shall pay to the county treasurer the money the juvenile court collects for administrative assessments.
[5.] 6. On or before the 15th day of each month, the county treasurer shall deposit the money in the county general fund for credit to a special account for the use of the countys juvenile court or for services to delinquent children.
Sec. 6.5. NRS 62E.400 is hereby amended to read as follows:
62E.400 1. The provisions of this section and NRS 62E.410, 62E.420 and 62E.430 and section 5 of this act apply to the disposition of a case involving a child who is found to be within the purview of this title because the child is or is alleged to be in need of supervision.
2. If such 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.410, 62E.420 and 62E.430 and section 5 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.
Secs. 7-10. (Deleted by amendment.)
Sec. 11. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive:
1. Distribute includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
2. Health authority means the district health officer in a district, or his or her designee, or, if none, the State Health Officer, or his or her designee.
κ2013 Statutes of Nevada, Page 1531 (CHAPTER 326, SB 177)κ
3. Product made or derived from tobacco does not include any product regulated by the United States Food and Drug Administration pursuant to Chapter V of the Federal Food, Drug, and Cosmetics Act, 21 U.S.C. §§ 351 et seq.
Sec. 12. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935 and 202.2494.
4. Except as otherwise provided in subsection 5, an agency, board, commission or political subdivision of this state, including, without limitation, any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.
5. A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.
Sec. 13. NRS 202.2493 is hereby amended to read as follows:
202.2493 1. A person shall not sell, distribute or offer to sell cigarettes or smokeless products made or derived from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100.
2. Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
3. A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco, the person:
(a) Demands that the other person present a valid drivers license or other written or documentary evidence which shows that the other person is 18 years of age or older;
κ2013 Statutes of Nevada, Page 1532 (CHAPTER 326, SB 177)κ
(b) Is presented a valid drivers license or other written or documentary evidence which shows that the other person is 18 years of age or older; and
(c) Reasonably relies upon the drivers license or written or documentary evidence presented by the other person.
4. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made or derived from tobacco in the course of the childs lawful employment, provide tobacco or products made or derived from tobacco to the child.
5. With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:
(a) Had no actual knowledge of the sale; and
(b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.
6. The owner of a retail establishment shall, whenever any product made or derived from tobacco is being sold or offered for sale at the establishment, display prominently at the point of sale:
(a) A notice indicating that:
(1) The sale of cigarettes and other tobacco products to minors is prohibited by law; and
(2) The retailer may ask for proof of age to comply with this prohibition; and
(b) At least one sign that complies with the requirements of NRS 442.340.
Κ A person who violates this subsection shall be punished by a fine of not more than $100.
7. It is unlawful for any retailer to sell cigarettes through the use of any type of display:
(a) Which contains cigarettes and is located in any area to which customers are allowed access; and
(b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,
Κ except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.
8. Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.
Sec. 14. NRS 202.24935 is hereby amended to read as follows:
202.24935 1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco to a child under the age of 18 years through the use of the Internet.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection 8 of NRS 202.2493.
3. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco through the use of the Internet shall adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco from the person through the use of the Internet.
κ2013 Statutes of Nevada, Page 1533 (CHAPTER 326, SB 177)κ
the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word cigarettes or the words tobacco products, and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Sec. 15. NRS 202.2494 is hereby amended to read as follows:
202.2494 1. A cigarette vending machine may be placed in a public area only if persons who are under 21 years of age are prohibited from loitering in that area pursuant to NRS 202.030 or 463.350.
2. A coin-operated vending machine containing cigarettes must not be used to dispense any product not made or derived from tobacco.
Sec. 16. NRS 202.2496 is hereby amended to read as follows:
202.2496 1. As necessary to comply with applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco and products made or derived from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the Attorney General may contract with:
(a) Any sheriffs department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the childs parent for such assistance.
3. A child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.
4. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the childs appearance to make the child appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
5. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made or derived from tobacco that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and that persons position;
(2) The age and date of birth of the child who assisted in the inspection;
κ2013 Statutes of Nevada, Page 1534 (CHAPTER 326, SB 177)κ
(3) The name and position of the person from whom the child attempted to purchase tobacco or products made or derived from tobacco;
(4) The name and address of the establishment at which the child attempted to purchase tobacco or products made or derived from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made or derived from tobacco to the child.
6. No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
Sec. 17. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A board of county commissioners may adopt an ordinance to establish an offense related to tobacco that may include provisions which prohibit a child who is under the age of 18 years from:
(a) Purchasing or attempting to purchase tobacco products;
(b) Possessing or attempting to possess tobacco products;
(c) Using tobacco products; or
(d) Falsely representing that he or she is 18 years of age or older to purchase, possess or obtain tobacco products.
2. An ordinance adopted pursuant to this section must provide that the provisions of the ordinance do not apply to a child who is under the age of 18 years and who is:
(a) Assisting in an inspection pursuant to NRS 202.2496;
(b) Handling or transporting tobacco products in the course of his or her lawful employment;
(c) Handling or transporting tobacco products in the presence of his or her parent, spouse or legal guardian who is 18 years of age or older; or
(d) Possessing or using tobacco products for an established religious purpose.
3. As used in this section, tobacco products means cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco. As used in this subsection, the term products made or derived from tobacco does not include any product regulated by the United States Food and Drug Administration pursuant to Chapter V of the Federal Food, Drug, and Cosmetics Act, 21 U.S.C. §§ 351 et seq.
________
κ2013 Statutes of Nevada, Page 1535κ
Senate Bill No. 230Senators Parks, Spearman, Goicoechea, Hardy; Brower and Segerblom
Joint Sponsors: Assemblymen Elliot Anderson, Grady, Wheeler, Healey, Ohrenschall; Aizley, Duncan, Ellison, Hogan, Kirner, Livermore, Pierce, Stewart and Swank
CHAPTER 327
[Approved: June 1, 2013]
AN ACT relating to public works; requiring the Administrator of the State Public Works Division of the Department of Administration to authorize the construction or installation of a memorial dedicated to Nevadas fallen soldiers on the Capitol Complex; creating the Nevada Fallen Soldier Memorial Gift Account in the State General Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Administrator of the State Public Works Division of the Department of Administration to authorize the construction or installation of a memorial dedicated to Nevadas fallen soldiers on the Capitol Complex. Section 1 of this bill requires the American Legion Department of Nevada, or its successor organization, to: (1) establish a committee to design the memorial; and (2) submit a design for the memorial to the Administrator and the Nevada Veterans Services Commission for their approval. Section 1 also requires the Commission to determine the criteria for the placing of names on the memorial. Section 1.5 of this bill: (1) creates the Nevada Fallen Soldier Memorial Gift Account in the State General Fund; (2) authorizes the Executive Director and the Deputy Executive Director for Veterans Services to accept any gift, grant or donation from any source for deposit with the State Treasurer for credit to the Account; and (3) authorizes money in the Account to be used for the design, construction or installation and maintenance of the memorial.
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 Administrator of the State Public Works Division of the Department of Administration shall, upon compliance with the provisions of this section, allow the American Legion Department of Nevada, or its successor organization, to construct or install a memorial dedicated to Nevadas fallen soldiers. The memorial must be constructed or installed at an appropriate location on the Capitol Complex as determined by the Administrator.
2. The American Legion Department of Nevada, or its successor organization, shall:
(a) In consultation with such volunteers as it deems desirable and the Nevada Veterans Services Commission, establish a committee to design the memorial; and
(b) Submit to the Administrator and the Commission a design for the memorial for approval by the Administrator and the Commission.
Κ Upon approval of the design, the construction or installation of the memorial may begin.
κ2013 Statutes of Nevada, Page 1536 (CHAPTER 327, SB 230)κ
3. The Nevada Veterans Services Commission shall determine the criteria for the placing of names of Nevadas fallen soldiers on the memorial.
4. As used in this section, fallen soldier means a person who dies as a result of an injury sustained while on active duty whether or not the person had been discharged from military service at the time of his or her death.
Sec. 1.5. 1. The Nevada Fallen Soldier Memorial Gift Account is hereby created in the State General Fund. The Executive Director for Veterans Services and the Deputy Executive Director for Veterans Services may accept donations, gifts and grants of money from any source for deposit with the State Treasurer for credit to the Account.
2. The Executive Director for Veterans Services shall administer the Account.
3. The money in the Account may only be used for the design, construction or installation and maintenance of the memorial described in section 1 of this act.
4. The interest and any other income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
5. Claims against the Account must be paid as other claims against the State are paid.
6. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund, but must be carried over to the next fiscal year.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 235Senators Parks, Atkinson, Segerblom, Spearman; Manendo and Woodhouse (by request)
Joint Sponsors: Assemblymen Grady, Hardy, Kirner, Martin and Munford
CHAPTER 328
[Approved: June 1, 2013]
AN ACT relating to scrap metal; authorizing a local law enforcement agency to establish or utilize an electronic reporting system to receive information relating to purchases of scrap metal; requiring, under certain circumstances, a scrap metal processor to submit electronically to a local law enforcement agency or certain third parties certain information relating to certain purchases of scrap metal; requiring the Division of Industrial Relations of the Department of Business and Industry to adopt regulations relating to the confidentiality of reported information; revising provisions relating to certain records maintained by scrap metal processors; providing a penalty; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 1537 (CHAPTER 328, SB 235)κ
Legislative Counsels Digest:
Existing law provides certain restrictions on the sale and purchase of scrap metal in this State and requires scrap metal processors to maintain certain records of purchases of scrap metal. (NRS 647.092-647.098) Section 1.3 of this bill authorizes a local law enforcement agency to establish an electronic reporting system or utilize an existing electronic reporting system to receive certain information relating to scrap metal purchases within the jurisdiction of the law enforcement agency. Section 1.3 requires that the system be electronically secure and accessible only to: (1) a scrap metal processor for the purpose of submitting certain information; (2) an officer of the local law enforcement agency; and (3) an authorized employee of any third party that the local law enforcement agency contracts with for the purpose of receiving and storing the information submitted by a scrap metal processor. If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system, section 1.3 requires a scrap metal processor to submit electronically to the local law enforcement agency or, if applicable, any third party that the local law enforcement agency has contracted with, certain information relating to each purchase of scrap metal from certain persons. Section 1.3 further requires the Division of Industrial Relations of the Department of Business and Industry to adopt certain regulations providing for the confidential maintenance of reported information and the oversight of designated third parties that may contract with a law enforcement agency to receive and maintain such information.
Section 2 of this bill revises provisions relating to the acceptable forms of personal identification which a scrap metal processor may accept for the purpose of maintaining certain records relating to purchases of scrap metal.
Section 1.5 of this bill provides that a person is immune from any civil liability for any action taken with respect to carrying out the provisions of this bill, so long as such actions are taken in good faith and without malicious intent.
Section 1.7 of this bill requires a person in whose possession the information required to be submitted to a local law enforcement agency is held to keep the information confidential. Section 1.7 also provides that a person who knowingly and willfully violates this requirement is guilty of a gross misdemeanor.
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 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.5 and 1.7 of this act.
Sec. 1.3. 1. A local law enforcement agency may establish an electronic reporting system or utilize an existing electronic reporting system to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency. An electronic reporting system established or utilized pursuant to this subsection must:
(a) Be electronically secure and accessible only to:
(1) A scrap metal processor for the purpose of submitting the information required by subsection 2;
(2) An officer of the local law enforcement agency; and
(3) If applicable, an authorized employee of any designated third party.
(b) Provide for the electronic submission of information by a scrap metal processor.
2. If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system pursuant to subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency shall, before 12 p.m.
κ2013 Statutes of Nevada, Page 1538 (CHAPTER 328, SB 235)κ
pursuant to subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency shall, before 12 p.m. of each business day, submit electronically to the local law enforcement agency or, if applicable, a designated third party the following information regarding each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:
(a) The name of the seller;
(b) The date of the purchase;
(c) The name of the person or employee who conducted the transaction on behalf of the scrap metal processor;
(d) The name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) of subsection 1 of NRS 647.094 and a physical description of the seller, including the sellers gender, height, eye color and hair color;
(e) The license number and general description of any vehicle that delivered the scrap metal;
(f) The description of the scrap metal recorded pursuant to paragraph (h) of subsection 1 of NRS 647.094; and
(g) The amount, in weight, of scrap metal purchased.
3. If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the information that the scrap metal processor is required to submit electronically to the local law enforcement agency or, if applicable, the designated third party.
4. Nothing in this section shall be deemed to limit or otherwise abrogate any duty of a scrap metal processor to maintain a book or other permanent record of information pursuant to NRS 647.094.
5. If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system to receive information pursuant to this section, the local law enforcement agency shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal within the jurisdiction of the law enforcement agency.
6. The provisions of this section do not apply to the purchase of scrap metal from a business entity.
7. The Division of Industrial Relations of the Department of Business and Industry shall, in consultation with representatives from local law enforcement agencies in this state and representatives from the scrap metal industry, adopt regulations to ensure the confidentiality of information which is reported and maintained pursuant to this section, including, without limitation, regulations providing for:
(a) The confidentiality of consumer information;
(b) The confidentiality of proprietary information;
(c) Equity of input into contractual terms;
(d) Contractual terms relating to disclaimers, indemnification and the ownership of data by a designated third party;
κ2013 Statutes of Nevada, Page 1539 (CHAPTER 328, SB 235)κ
(e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the qualifications, equipment, procedures and background checks required of a designated third party;
(f) The manner in which reported information may be used, shared or disseminated; and
(g) The maintenance of reported information in relationship to other data maintained by a law enforcement agency.
8. As used in this section, designated third party means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information required to be submitted electronically by a scrap metal processor pursuant to subsection 2.
Sec. 1.5. A person is immune from any civil liability for any action taken in good faith and without malicious intent in carrying out the provisions of NRS 647.094 or section 1.3 of this act.
Sec. 1.7. 1. Except as otherwise required pursuant to section 1.3 of this act, any information concerning the purchase of scrap metal, as described in NRS 647.094 and section 1.3 of this act, must be kept confidential by the person in whose possession such information is held.
2. A person who knowingly and willfully violates subsection 1 is guilty of a gross misdemeanor.
Sec. 2. NRS 647.094 is hereby amended to read as follows:
647.094 1. Every scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each purchase of scrap metal, a record of the purchase that contains:
(a) The date of the purchase.
(b) The name or other identification of the person or employee conducting the transaction on behalf of the scrap metal processor.
(c) A copy of the sellers valid [personal] :
(1) Personal identification card [or valid drivers] issued by this State or any other state or territory of the United States;
(2) Drivers license issued by [a] this State or any other state [or a copy of the sellers valid] or territory of the United States;
(3) United States military identification card [.] ; or
(4) Any form of identification which may serve as an acceptable form of identification pursuant to NRS 237.200.
(d) The name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) and a physical description of the seller, including the sellers gender, height, eye color and hair color.
(e) A photograph, video record or digital record of the seller.
(f) The fingerprint of the right index finger of the seller. If the sellers right index finger is not available, the scrap metal processor must obtain the fingerprint of one of the sellers remaining fingers and thumbs.
(g) The license number and general description of the vehicle delivering the scrap metal that is being purchased.
(h) A description of the scrap metal that is being purchased which is consistent with the standards published and commonly applied in the scrap metal industry.
(i) The price paid by the scrap metal processor for the scrap metal.
κ2013 Statutes of Nevada, Page 1540 (CHAPTER 328, SB 235)κ
2. All records kept pursuant to subsection 1 must be legibly written in the English language, if applicable.
3. A scrap metal processor shall document each purchase of scrap metal with a photograph or video recording which must be retained on-site for not less than 60 days after the date of the purchase.
4. All scrap metal purchased by the scrap metal processor and the records created in accordance with subsection 1, including, but not limited to, any photographs or video recordings, must at all times during ordinary hours of business be open to the inspection of a prosecuting attorney or any peace officer.
________
Senate Bill No. 237Committee on Judiciary
CHAPTER 329
[Approved: June 1, 2013]
AN ACT relating to crimes; changing the penalty for certain graffiti offenses committed on any protected site in this State; revising the definition of protected site as it relates to such graffiti offenses; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who places graffiti on or otherwise defaces the real or personal public or private property of another without the permission of the owner is guilty of a category C felony if the offense is committed on any protected site in this State. (NRS 206.330) This bill changes the penalty for such an offense to a category D felony. This bill also revises the definition of protected site to include any site, building, structure, object or district: (1) listed in the register of historic resources of a community which is recognized as a Certified Local Government pursuant to the Certified Local Government Program jointly administered by the National Park Service and the Office of Historic Preservation of the State Department of Conservation and Natural Resources; (2) listed in the State Register of Historic Places or the National Register of Historic Places; or (3) that is more than 50 years old and is located in a municipal or state park.
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 206.330 is hereby amended to read as follows:
206.330 1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:
(a) Where the value of the loss is less than $250, is guilty of a misdemeanor.
(b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.
κ2013 Statutes of Nevada, Page 1541 (CHAPTER 329, SB 237)κ
(c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.
(d) Where the offense is committed on any protected site in this State, is guilty of a category [C] D felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.
2. If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is $500 or more.
3. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform 100 hours of community service.
(b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform 200 hours of community service.
(c) For the third and each subsequent offense:
(1) Pay a fine of $1,000; and
(2) Perform up to 300 hours of community service for up to 1 year, as determined by the court. The court may order the person to repair, replace, clean up or keep free of graffiti the property damaged or destroyed by the person or, if it is not practicable for the person to repair, replace, clean up or keep free of graffiti that specific property, the court may order the person to repair, replace, clean up or keep free of graffiti another specified property.
Κ The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
4. The court may, in addition to any other fine or penalty imposed, order a person who violates subsection 1 to pay restitution.
5. The parent or legal guardian of a person under 18 years of age who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
6. If a person who is 18 years of age or older is found guilty of violating this section, the court shall, in addition to any other penalty imposed, issue an order suspending the drivers license of the person for not less than 6 months but not more than 2 years. The court shall require the person to surrender all drivers licenses then held by the person. If the person does not possess a drivers license, the court shall issue an order prohibiting the person from applying for a drivers license for not less than 6 months but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.
7. The Department of Motor Vehicles:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
κ2013 Statutes of Nevada, Page 1542 (CHAPTER 329, SB 237)κ
(b) Shall report the suspension of a drivers license pursuant to this section to an insurance company or its agent inquiring about the persons driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
8. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to this section or another statute for the same conduct.
9. As used in this section:
(a) Impairment means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.
(b) Protected site means:
(1) [A] Any site, landmark, monument, building or structure of historical significance pertaining to the history of the settlement of Nevada;
(2) Any site, building, structure, object or district listed in the register of historic resources of a community which is recognized as a Certified Local Government pursuant to the Certified Local Government Program jointly administered by the National Park Service and the Office of Historic Preservation of the State Department of Conservation and Natural Resources;
(3) Any site, building, structure, object or district listed in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places;
(4) Any site, building, structure, object or district that is more than 50 years old and is located in a municipal or state park;
(5) Any Indian campgrounds, shelters, petroglyphs, pictographs and burials; or
[(3)] (6) Any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.
(c) Value of the loss means the cost of repairing, restoring or replacing the property, including, without limitation, the cost of any materials and labor necessary to repair, restore or replace the item.
________
κ2013 Statutes of Nevada, Page 1543κ
Senate Bill No. 278Senators Ford and Jones
Joint Sponsors: Assemblymen Healey, Spiegel; and Frierson
CHAPTER 330
[Approved: June 1, 2013]
AN ACT relating to real property; establishing an expedited process for the foreclosure of abandoned residential property; authorizing a board of county commissioners or the governing body of an incorporated city to establish by ordinance a registry of abandoned residential real property and a registry of real property in danger of becoming abandoned; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for a trustee under a deed of trust to exercise a power of sale on real property after a breach of an obligation or payment of debt secured by the deed of trust. (NRS 107.080) This bill establishes an expedited procedure for the exercise of the power of sale with respect to abandoned residential property.
Section 2 of this bill establishes the criteria to be used to determine whether real property constitutes abandoned residential property. Section 4 of this bill authorizes a beneficiary of a deed of trust to elect to use an expedited procedure for the exercise of the trustees power of sale if: (1) after an investigation of the property, the beneficiary determines that the property is abandoned residential property; and (2) the beneficiary receives a certification that the property is abandoned residential property from an agency or contractor designated by the county or city in which the property is located. Under section 4, each county and city must designate an agency or contractor to provide certifications that property is abandoned residential property, and that agency or contractor may charge the beneficiary a fee of not more than $300 to provide such certifications. To elect to use the expedited procedure, the beneficiary must include with the notice of default and election to sell the certification of the agency or contractor designated by the county or city and an affidavit setting forth the circumstances and conditions supporting the determination that the property is abandoned residential property. If the certification and affidavit are included with the notice of default and election to sell: (1) section 5 of this bill authorizes a notice of the sale of the property to be recorded not less than 60 days, rather than 3 months, after the recording of the notice of default and election to sell; and (2) section 6 of this bill provides that the requirements relating to the Foreclosure Mediation Program are inapplicable and that the trustee may exercise the power of sale by obtaining a certificate from the Mediation Administrator.
Under section 4, if the trustees sale is not conducted within 6 months, unless the trustees sale is tolled under certain circumstances, after receipt of a certification from the agency or contractor designated by the county or city: (1) the notice of default and election to sell and the affidavit and certification to elect the expedited procedure are deemed to be withdrawn; and (2) the beneficiary is liable to the grantor or the successor in interest of the grantor for a civil penalty of not more than $500. Section 4 further authorizes a grantor of a deed of trust or his or her successor in interest to record an affidavit stating that the property is not abandoned residential property and, if such an affidavit is recorded before the trustees sale of the property, the notice of default and election to sell and the affidavit and certification to elect the expedited sale procedure are deemed to be withdrawn.
κ2013 Statutes of Nevada, Page 1544 (CHAPTER 330, SB 278)κ
Section 3 of this bill: (1) authorizes a board of county commissioners or the governing body of an incorporated city to establish a registry of abandoned residential property and a registry of real property that is in danger of becoming abandoned residential property; and (2) requires the affidavit and certification required to elect the expedited sale procedure to be submitted to the entity maintaining the registry of abandoned residential property for the jurisdiction in which the property is located.
Section 7 of this bill provides that this bill expires by limitation on June 30, 2017, and thus, the authorization to use the expedited procedure for the exercise of the trustees power of sale expires on that date.
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 107 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and NRS 107.080 to 107.110, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires:
1. Abandoned residential property means residential real property:
(a) Consisting of not more than four family dwelling units or a single-family residential unit, including, without limitation, 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; and
(b) That the grantor or the successor in interest of the grantor has surrendered as evidenced by a document signed by the grantor or successor confirming the surrender or by the delivery of the keys to the property to the beneficiary or that satisfies the following conditions:
(1) The residential real property is not currently occupied as a principal residence by the grantor of the deed of trust, the person who holds title of record or any lawful occupant;
(2) The obligation secured by the deed of trust is in default and the deficiency in performance or payment has not been cured;
(3) The gas, electric and water utility services to the residential real property have been terminated;
(4) It appears, after reasonable inquiry, that there are no children enrolled in school residing at the address of the residential real property;
(5) Payments pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits, payments for unemployment compensation or payments for public assistance, as defined in NRS 422.050 and 422A.065, are not currently being delivered, electronically or otherwise, to a person who has registered the address of the residential real property as his or her residence with the agency making the payment;
(6) An owner of the residential real property is not presently serving in the Armed Forces of the United States, a reserve component thereof or the National Guard; and
(7) Two or more of the following conditions exist:
κ2013 Statutes of Nevada, Page 1545 (CHAPTER 330, SB 278)κ
(I) Construction was initiated on the residential real property and was discontinued before completion, leaving a building unsuitable for occupancy, and no construction has taken place for at least 6 months;
(II) Multiple windows on the residential real property are boarded up or closed off or are smashed through, broken off or unhinged, or multiple window panes are broken and unrepaired;
(III) Doors on the residential real property are smashed through, broken off, unhinged or continuously unlocked;
(IV) The residential real property has been stripped of copper or other materials, or interior fixtures to the property have been removed;
(V) Law enforcement officials have received at least one report of trespassing or vandalism or other illegal acts being committed at the residential real property within the immediately preceding 6 months;
(VI) The residential real property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;
(VII) The local police, fire or code enforcement authority has requested that the owner or any other interested or authorized party secure the residential real property because the local authority has declared the property to be an imminent danger to the health, safety and welfare of the public; or
(VIII) The residential real property is open and unprotected and in reasonable danger of significant damage resulting from exposure to the elements or vandalism.
2. The term does not include residential real property if:
(a) There is construction, renovation or rehabilitation on the residential real property that is proceeding diligently to completion, and any building being constructed, renovated or rehabilitated on the property is in substantial compliance with all applicable ordinances, codes, regulations and laws;
(b) The residential real property is occupied on a seasonal basis, but is otherwise secure;
(c) There are bona fide rental or sale signs on the residential real property, or the property is listed on a Multiple Listing Service, and the property is secure; or
(d) The residential real property is secure but is the subject of a probate action, action to quiet title or any other ownership dispute.
Sec. 3. 1. A board of county commissioners or the governing body of an incorporated city may establish by ordinance:
(a) A registry of abandoned residential property that contains information concerning abandoned residential property located in the county or city.
(b) A registry of residential property located in the county or city that may be in danger of becoming abandoned residential property.
2. If a beneficiary of a deed of trust, the successor in interest of the beneficiary or the trustee includes with a notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 the affidavit and certification described in subsection 6 of section 4 of this act and the county or city in which the abandoned residential property is located has established a registry of abandoned residential property, the beneficiary or its successor in interest or the trustee must submit a copy of the affidavit and certification to the entity maintaining the registry for the county or city in which the abandoned residential property is located.
κ2013 Statutes of Nevada, Page 1546 (CHAPTER 330, SB 278)κ
and certification to the entity maintaining the registry for the county or city in which the abandoned residential property is located.
3. If a beneficiary of a deed of trust, the successor in interest of the beneficiary or the trustee receives a copy of the affidavit described in subsection 7 of section 4 of this act, the beneficiary or its successor in interest or the trustee must notify the entity maintaining the registry for the county or city in which the property described in the affidavit is located. Upon receiving such a notification, the entity maintaining the registry must remove the property from the registry.
4. If a property which has been removed from a registry established pursuant to this section subsequently becomes abandoned residential property or in danger of becoming abandoned residential property, the property may be added to the applicable registry in accordance with this section or the requirements established for the registry by the board of county commissioners or the governing body of an incorporated city.
Sec. 4. 1. A beneficiary may elect to use an expedited procedure for the exercise of the trustees power of sale pursuant to NRS 107.080 if, after an investigation, the beneficiary:
(a) Determines that real property is abandoned residential property; and
(b) Receives from the applicable governmental entity a certification pursuant to subsection 4.
2. Each board of county commissioners of a county and each governing body of an incorporated city shall designate an agency or a contractor to inspect real property upon receipt of a request pursuant to paragraph (b) of subsection 3 and to provide certifications that real property is abandoned residential property pursuant to subsection 4.
3. If a beneficiary has a reasonable belief that real property may be abandoned residential property, the beneficiary or its agent:
(a) May enter the real property, but may not enter any dwelling or structure, to investigate whether the real property is abandoned residential property. Notwithstanding any other provision of law, a beneficiary and its agents who enter real property pursuant to this paragraph are not liable for trespass.
(b) May request a certification pursuant to subsection 4 from the agency or contractor designated by the applicable governmental entity pursuant to subsection 2.
4. Upon receipt of a request pursuant to paragraph (b) of subsection 3, the agency or contractor designated by the applicable governmental entity shall inspect the real property to determine the existence of two or more conditions pursuant to subparagraph (7) of paragraph (b) of subsection 1 of section 2 of this act. The designee and any employees of the designee may enter the real property, but may not enter any dwelling or structure, to perform an inspection pursuant to this subsection, and the designee and any employees who enter real property pursuant to this subsection are not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, or for trespass. If the designee or an employee of the designee determines that the real property is abandoned residential property, the designee shall serve a notice by first-class mail to the grantor or the successor in interest of the grantor and by posting the notice on the front door of the residence. The notice must provide that unless a lawful occupant of the real property contacts the designee within 30 days after service of the notice, the designee will issue a certification that the real property is abandoned residential property and that the beneficiary may use the certification to seek an expedited procedure for the exercise of the trustees power of sale.
κ2013 Statutes of Nevada, Page 1547 (CHAPTER 330, SB 278)κ
designee within 30 days after service of the notice, the designee will issue a certification that the real property is abandoned residential property and that the beneficiary may use the certification to seek an expedited procedure for the exercise of the trustees power of sale. If a grantor or the successor in interest of the grantor or a lawful occupant of the real property fails to contact the designee within 30 days after service of the notice, the designee shall provide to the beneficiary a certification that the real property is abandoned residential property. The certification required by this subsection must:
(a) Be signed and verified by the designee or the employee or employees of the designee who inspected the real property;
(b) State that, upon information and belief of the designee, after investigation by the designee or the employee or employees of the designee, the real property is abandoned residential property; and
(c) State the conditions or circumstances supporting the determination that the property is abandoned residential property. Documentary evidence in support of such conditions or circumstances must be attached to the certification.
5. For an inspection, service of notice and issuance of a certification pursuant to subsection 4, the agency or contractor designated pursuant to subsection 2 by the applicable governmental entity may charge and receive from the beneficiary a fee of not more than $300.
6. A beneficiary who elects to use an expedited procedure for the exercise of the trustees power of sale pursuant to NRS 107.080 must include, or cause to be included, with the notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 an affidavit setting forth the facts supporting the determination that the real property is abandoned residential property and the certification provided to the beneficiary pursuant to subsection 4. The affidavit required by this subsection must:
(a) Be signed and verified by the beneficiary;
(b) State that, upon information and belief of the beneficiary after investigation by the beneficiary or its agent, the property is abandoned residential property; and
(c) State the conditions or circumstances supporting the determination that the property is abandoned residential property. Documentary evidence in support of such conditions or circumstances must be attached to the affidavit.
7. If the notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 includes the affidavit and certification described in subsection 6, before the sale, the grantor or a successor in interest of the grantor may record in the office of the county recorder in the county where the real property is located an affidavit stating that the real property is not abandoned residential property, unless the grantor or the successor in interest of the grantor has surrendered the property as evidenced by a document signed by the grantor or successor confirming the surrender or by the delivery of the keys to the real property to the beneficiary. Upon the recording of such an affidavit:
(a) The grantor or the successor in interest must mail by registered or certified mail, return receipt requested, to the beneficiary and the trustee a copy of the affidavit; and
κ2013 Statutes of Nevada, Page 1548 (CHAPTER 330, SB 278)κ
(b) The notice of default and election to sell and the affidavit and certification described in subsection 6 are deemed to be withdrawn.
8. If the notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 includes the affidavit and certification described in subsection 6, the trustees sale of the abandoned residential property must be conducted within 6 months after the beneficiary received the certification. If the trustees sale is not conducted within 6 months after the beneficiary received the certification:
(a) The notice of default and election to sell and the affidavit and certification described in subsection 6 are deemed to be withdrawn; and
(b) The beneficiary is liable to the grantor or the successor in interest of the grantor for a civil penalty of not more than $500.
9. The period specified in subsection 8 is tolled:
(a) If a borrower has filed a case under 11 U.S.C. Chapter 7, 11, 12 or 13, until the bankruptcy court enters an order closing or dismissing the bankruptcy case or granting relief from a stay of the trustees sale.
(b) If a court issues a stay or enjoins the trustees sale, until the court issues an order granting relief from the stay or dissolving the injunction.
10. As used in this section:
(a) Applicable governmental entity means:
(1) If the real property is within the boundaries of a city, the governing body of the city; and
(2) If the real property is not within the boundaries of a city, the board of county commissioners of the county in which the property is located.
(b) Beneficiary means the beneficiary of the deed of trust or the successor in interest of the beneficiary or any person designated or authorized to act on behalf of the beneficiary or its successor in interest.
Sec. 5. NRS 107.080 is hereby amended to read as follows:
107.080 1. Except as otherwise provided in NRS 106.210, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.
(b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.
κ2013 Statutes of Nevada, Page 1549 (CHAPTER 330, SB 278)κ
has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.
(c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation which, except as otherwise provided in this paragraph, includes a notarized affidavit of authority to exercise the power of sale stating, based on personal knowledge and under the penalty of perjury:
(1) The full name and business address of the trustee or the trustees personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the servicers of the obligation or debt secured by the deed of trust;
(2) The full name and last known business address of every prior known beneficiary of the deed of trust;
(3) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust;
(4) That the trustee has the authority to exercise the power of sale with respect to the property pursuant to the instruction of the beneficiary of record and the current holder of the note secured by the deed of trust;
(5) The amount in default, the principal amount of the obligation or debt secured by the deed of trust, a good faith estimate of all fees imposed and to be imposed because of the default and the costs and fees charged to the debtor in connection with the exercise of the power of sale; and
(6) The date, recordation number or other unique designation of the instrument that conveyed the interest of each beneficiary and a description of the instrument that conveyed the interest of each beneficiary.
Κ The affidavit described in this paragraph is not required for the exercise of the trustees power of sale with respect to any trust agreement which concerns a time share within a time share plan created pursuant to chapter 119A of NRS if the power of sale is being exercised for the initial beneficiary under the deed of trust or an affiliate of the initial beneficiary.
(d) Not less than 3 months have elapsed after the recording of the notice [.] or, if the notice includes an affidavit and a certification indicating that, pursuant to section 4 of this act, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, not less than 60 days have elapsed after the recording of the notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:
κ2013 Statutes of Nevada, Page 1550 (CHAPTER 330, SB 278)κ
(a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; [and]
(b) If, pursuant to section 4 of this act, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, include the affidavit and certification required by subsection 6 of section 4 of this act; and
(c) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the [3-month] applicable period specified in paragraph (d) of subsection 2 following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:
(a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;
(b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in the county where the property is situated;
(c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560; and
(d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:
(a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;
(b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and
(c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.
6. If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.
κ2013 Statutes of Nevada, Page 1551 (CHAPTER 330, SB 278)κ
trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.
7. If, in an action brought by the grantor or the person who holds title of record in the district court in and for the county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:
(a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;
(b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and
(c) Reasonable attorneys fees and costs,
Κ unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.
8. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.
9. After a sale of property is conducted pursuant to this section, the trustee shall:
(a) Within 30 days after the date of the sale, record the trustees deed upon sale in the office of the county recorder of the county in which the property is located; or
(b) Within 20 days after the date of the sale, deliver the trustees deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustees deed upon sale in the office of the county recorder of the county in which the property is located.
10. If the successful bidder fails to record the trustees deed upon sale pursuant to paragraph (b) of subsection 9, the successful bidder:
(a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorneys fees and the costs of bringing the action; and
(b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 9 and for reasonable attorneys fees and the costs of bringing the action.
11. The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:
(a) A fee of $150 for deposit in the State General Fund.
(b) A fee of $45 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.
(c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder.
κ2013 Statutes of Nevada, Page 1552 (CHAPTER 330, SB 278)κ
use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.
12. The fees collected pursuant to paragraphs (a) and (b) of subsection 11 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation as prescribed pursuant to subsection 11. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection 11.
13. The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 11.
14. As used in this section:
(a) Residential foreclosure means the sale of a single family residence under a power of sale granted by this section. As used in this paragraph, single family residence:
(1) Means a structure that is comprised of not more than four units.
(2) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
(b) Trustee means the trustee of record.
Sec. 6. NRS 107.086 is hereby amended to read as follows:
107.086 1. [In] Except as otherwise provided in this subsection, in addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement which concerns owner-occupied housing is subject to the provisions of this section. The provisions of this section do not apply to the exercise of the power of sale if the notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 includes an affidavit and a certification indicating that, pursuant to section 4 of this act, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property.
2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:
(a) Includes with the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:
(1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;
(2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development;
κ2013 Statutes of Nevada, Page 1553 (CHAPTER 330, SB 278)κ
(3) A notice provided by the Mediation Administrator indicating that the grantor or the person who holds the title of record has the right to seek mediation pursuant to this section; and
(4) A form upon which the grantor or the person who holds the title of record may indicate an election to enter into mediation or to waive mediation pursuant to this section and one envelope addressed to the trustee and one envelope addressed to the Mediation Administrator, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;
(b) Serves a copy of the notice upon the Mediation Administrator; and
(c) Causes to be recorded in the office of the recorder of the county in which the trust property, or some part thereof, is situated:
(1) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 3 or 6 which provides that no mediation is required in the matter; or
(2) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 7 which provides that mediation has been completed in the matter.
3. The grantor or the person who holds the title of record shall, not later than 30 days after service of the notice in the manner required by NRS 107.080, complete the form required by subparagraph (4) of paragraph (a) of subsection 2 and return the form to the trustee by certified mail, return receipt requested. If the grantor or the person who holds the title of record indicates on the form an election to enter into mediation, the trustee shall notify the beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the election of the grantor or the person who holds the title of record to enter into mediation and file the form with the Mediation Administrator, who shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. No further action may be taken to exercise the power of sale until the completion of the mediation. If the grantor or the person who holds the title of record indicates on the form an election to waive mediation or fails to return the form to the trustee as required by this subsection, the trustee shall execute an affidavit attesting to that fact under penalty of perjury and serve a copy of the affidavit, together with the waiver of mediation by the grantor or the person who holds the title of record, or proof of service on the grantor or the person who holds the title of record of the notice required by subsection 2 of this section and subsection 3 of NRS 107.080, upon the Mediation Administrator. Upon receipt of the affidavit and the waiver or proof of service, the Mediation Administrator shall provide to the trustee a certificate which provides that no mediation is required in the matter.
4. Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 8. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or a representative shall attend the mediation if the grantor elected to enter into mediation, or the person who holds the title of record or a representative shall attend the mediation if the person who holds the title of record elected to enter into mediation. The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note and each assignment of the deed of trust or mortgage note. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.
κ2013 Statutes of Nevada, Page 1554 (CHAPTER 330, SB 278)κ
the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.
5. If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection 4 or does not have the authority or access to a person with the authority required by subsection 4, the mediator shall prepare and submit to the Mediation Administrator a petition and recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.
6. If the grantor or the person who holds the title of record elected to enter into mediation and fails to attend the mediation, the Mediation Administrator shall provide to the trustee a certificate which states that no mediation is required in the matter.
7. If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the Mediation Administrator a recommendation that the matter be terminated. The Mediation Administrator shall provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.
8. The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:
(a) Designating an entity to serve as the Mediation Administrator pursuant to this section. The entities that may be so designated include, without limitation, the Administrative Office of the Courts, the district court of the county in which the property is situated or any other judicial entity.
(b) Ensuring that mediations occur in an orderly and timely manner.
(c) Requiring each party to a mediation to provide such information as the mediator determines necessary.
(d) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.
(e) Establishing a total fee of not more than $400 that may be charged and collected by the Mediation Administrator for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation.
9. Except as otherwise provided in subsection 11, the provisions of this section do not apply if:
(a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or
(b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.
κ2013 Statutes of Nevada, Page 1555 (CHAPTER 330, SB 278)κ
10. A noncommercial lender is not excluded from the application of this section.
11. The Mediation Administrator and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
12. As used in this section:
(a) Mediation Administrator means the entity so designated pursuant to subsection 8.
(b) Noncommercial lender means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 or 56 of NRS.
(c) Owner-occupied housing means housing that is occupied by an owner as the owners primary residence. The term does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
Sec. 6.5. Nothing in this act shall be construed to limit the ability of a county or city to enforce any existing ordinance relating to abandoned property.
Sec. 7. This act becomes effective on July 1, 2013, and expires by limitation on June 30, 2017.
________
Senate Bill No. 301Senator Smith
CHAPTER 331
[Approved: June 1, 2013]
AN ACT relating to taxation; requiring a county treasurer to assign a tax lien against a parcel of real property located within the county if an assignment is authorized by an agreement between the owner of the property and the assignee; requiring the county treasurer to issue a certificate of assignment for each tax lien assigned; authorizing the assignee of a tax lien to commence an action against the property owner for the collection of the delinquent taxes, penalties, interest, fees and costs or to pursue any other remedy authorized by the agreement with the owner; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a county treasurer to sell a tax lien against a parcel of real property upon which taxes have become delinquent. The consent of the owner of the property is not a prerequisite to such a sale. (NRS 361.731-361.733) This bill amends those provisions to delete references to the sale of a tax lien and to require that the county treasurer assign a tax lien if the property owner and the assignee enter into a written agreement that so provides and the assignee pays to the county treasurer an amount equal to the delinquent taxes and accrued penalties, interest, fees and costs. Section 4 of this bill sets forth the mandatory and permissible terms of such an agreement. Sections 5-10 of this bill revise various provisions relating to delinquent taxes and the collection of such taxes to add references to the assignee of a tax lien, and to provide for an action by the assignee against the owner to recover delinquent taxes, penalties, interest, fees and costs.
κ2013 Statutes of Nevada, Page 1556 (CHAPTER 331, SB 301)κ
taxes, penalties, interest, fees and costs. Sections 11-19 of this bill amend existing provisions governing the sale of a tax lien to provide for the assignment of the lien and the respective rights and duties of the county treasurer, the owner of the property and the assignee. Section 21 of this bill authorizes an assignee to bring an action against the owner for the recovery of delinquent taxes, penalties, interest, fees and costs, or to pursue any other remedy authorized by the assignees agreement with the owner.
Existing law imposes certain limitations on the enforcement of any right secured by a mortgage or other lien upon real estate. (NRS 40.430) Section 22 of this bill provides that these limitations are not applicable to any action, described above, brought by an assignee against an owner to recover delinquent taxes or brought pursuant to an agreement between the assignee and the owner.
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 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and NRS 361.731 to 361.733, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 361.731 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. Assignee means a person:
1. To whom an assignment of a tax lien is authorized pursuant to this section and NRS 361.731 to 361.733, inclusive, and sections 2 and 4 of this act; or
2. Who is the holder of a certificate of assignment issued pursuant to NRS 361.7318.
Sec. 4. 1. If any taxes assessed against a parcel of real property pursuant to this chapter are delinquent and the requirements of NRS 361.7316 are otherwise satisfied, an owner of the property may authorize the county treasurer of the county in which the property is located to assign to an assignee the tax lien on the property. Any such authorization must be in writing and acknowledged by the owner before a notary public.
2. An authorization given pursuant to this section must be made pursuant to a separate written agreement between the owner and the assignee. The agreement:
(a) Must provide that:
(1) The owner may redeem the tax lien by paying to the assignee the amounts required by the agreement, in the manner provided by the agreement; and
(2) The assignee is required to issue a release of the tax lien to the owner within 20 business days after the owner pays in full the amounts required by the agreement and otherwise fully performs the owners obligations under the agreement.
(b) May provide for payment by the owner to the assignee of:
(1) The amount paid by the assignee to the county treasurer pursuant to NRS 361.7312 as consideration for the assignment;
κ2013 Statutes of Nevada, Page 1557 (CHAPTER 331, SB 301)κ
(2) Fees for recording and other expenses incurred by the assignee in connection with the authorization and assignment, the total of which must not exceed $600 if the property is a single-family residence occupied by the owner;
(3) Interest on the foregoing amounts, until paid as provided by the agreement, at a rate not to exceed 15 percent per annum; and
(4) Any costs reasonably and necessarily incurred by the assignee to enforce the agreement or the tax lien, including, without limitation, attorneys fees and costs of suit, if the owner does not redeem the lien or otherwise does not perform in accordance with the agreement.
(c) May provide for either or both of the following remedies if the owner fails to redeem the tax lien or otherwise fails to perform in accordance with the agreement:
(1) An action by the assignee for collection of the amounts due pursuant to the agreement, as provided by law for the enforcement of contracts in writing; and
(2) An action by the assignee for collection of the taxes, penalties, interest, fees and costs relating to the tax lien, in the manner provided by NRS 361.625 to 361.730, inclusive, except insofar as any provision of those sections applies only to the district attorney of the county or an action commenced by the district attorney.
3. The assignee shall cause the agreement described in subsection 2, with the certificate of assignment of the tax lien issued pursuant to NRS 361.7318, to be recorded in the office of the county recorder of the county in which the property is located.
Sec. 5. NRS 361.5648 is hereby amended to read as follows:
361.5648 1. Within 30 days after the first Monday in March of each year, with respect to each property on which the tax is delinquent, the tax receiver of the county shall mail notice of the delinquency by first-class mail to:
(a) The owner or owners of the property;
(b) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; [and]
(c) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189 [.] ; and
(d) Each assignee of a tax lien on the property, if the assignee has made a request in writing to the tax receiver for the notice described in paragraph (c).
2. The notice of delinquency must state:
(a) The name of the owner of the property, if known.
(b) The description of the property on which the taxes are a lien.
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by or on behalf of the taxpayer or his or her successor in interest [:
(1) The] , the tax receiver will, at 5 p.m. on the first Monday in June of the current year, issue to the county treasurer, as trustee for the State and county, a certificate authorizing the county treasurer to hold the property, subject to redemption within 2 years after the date of the issuance of the certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum, assessed monthly, from the date due until paid as provided by law, except as otherwise provided in NRS 360.232 and 360.320, and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
κ2013 Statutes of Nevada, Page 1558 (CHAPTER 331, SB 301)κ
certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum, assessed monthly, from the date due until paid as provided by law, except as otherwise provided in NRS 360.232 and 360.320, and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
[(2) A tax lien may be sold against the parcel pursuant to the provisions of NRS 361.731 to 361.733, inclusive.]
3. Within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his or her personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned and the number of letters finally determined to be undeliverable. Until the period of redemption has expired, the tax receiver shall maintain detailed records which contain such information as the Department may prescribe in support of the affidavit.
4. A second copy of the notice of delinquency must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.
5. The cost of each mailing must be charged to the delinquent taxpayer.
6. A county and its officers and employees are not liable for any damages resulting from failure to provide actual notice pursuant to this section if the county, officer or employee, in determining the names and addresses of persons with an interest in the property, relies upon a preliminary title search from a company authorized to provide title insurance in this State.
Sec. 6. NRS 361.570 is hereby amended to read as follows:
361.570 1. Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out a certificate that describes each property on which delinquent taxes, penalties, interest and costs have not been paid. The certificate authorizes the county treasurer, as trustee for the State and county, to hold each property described in the certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.
2. The certificate must specify:
(a) The amount of delinquency on each property, including the amount and year of assessment;
(b) The taxes, and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.232 and 360.320, interest on the taxes will be added at the rate of 10 percent per annum, assessed monthly, from the date due until paid; and
(c) The name of the owner or taxpayer of each property, if known.
3. The certificate must state:
(a) That each property described in the certificate may be redeemed within 2 years after the date of the certificate;
(b) That the title to each property not redeemed vests in the county for the benefit of the State and county; and
(c) That a tax lien may be [sold] assigned against the parcel pursuant to the provisions of NRS 361.731 to 361.733, inclusive [.] , and sections 2, 3 and 4 of this act.
4. Until the expiration of the period of redemption, each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee.
κ2013 Statutes of Nevada, Page 1559 (CHAPTER 331, SB 301)κ
as trustee. Before the owner or his or her successor redeems the property, he or she must also pay the county treasurer holding the certificate any additional taxes, penalties and costs assessed and accrued against the property after the date of the certificate, together with interest on the taxes at the rate of 10 percent per annum, assessed monthly, from the date due until paid, unless otherwise provided in NRS 360.232 and 360.320.
5. A county treasurer shall take a certificate issued to him or her pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes, penalties, interest and costs due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate additional taxes, penalties, interest and costs assessed and accrued or the repayment of any of those delinquent amounts. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.
Sec. 7. NRS 361.645 is hereby amended to read as follows:
361.645 1. The delinquent list or a copy thereof certified by the county treasurer showing unpaid taxes against any person or property is prima facie evidence in any court in an action commenced by the district attorney pursuant to the provisions of this chapter to prove:
(a) The assessment.
(b) The property assessed.
(c) The delinquency.
(d) The amount of taxes due and unpaid.
(e) That all the forms of law in relation to the assessment and levy of those taxes have been complied with.
2. A certificate of [purchase] assignment of a tax lien issued pursuant to NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act or a copy thereof which is certified by the county treasurer and which indicates the [sale] assignment of a tax lien to collect unpaid taxes on a parcel of real property is prima facie evidence in any court in an action commenced by the [holder of the certificate of purchase] assignee to prove:
(a) The assessment.
(b) The property assessed.
(c) The delinquency.
(d) [The amount of taxes, penalties, interest and costs due and unpaid.
(e)] That all the forms of law in relation to the assessment and levy of those taxes and the [sale] assignment of the tax lien have been complied with.
Sec. 8. NRS 361.650 is hereby amended to read as follows:
361.650 1. Actions authorized by NRS 361.635 must be commenced in the name of the State of Nevada against the person or persons so delinquent, and against all owners, known or unknown.
2. An action authorized by NRS 361.733 must be commenced in the name of the [holder of the certificate of purchase] assignee of the tax lien against the person or persons delinquent in the payment of the taxes on the parcel of real property which is the subject of the tax lien and against all owners, known or unknown, of that parcel.
3. Any action described in subsection 1 or 2 may be commenced in the county where the assessment is made, before any court in the county having jurisdiction of the amount thereof.
κ2013 Statutes of Nevada, Page 1560 (CHAPTER 331, SB 301)κ
jurisdiction of the amount thereof. The jurisdiction must be determined solely by the amount of delinquent taxes, exclusive of penalties and costs sued for, without regard to the location of the lands or other property as to townships, cities or districts, and without regard to the residence of the person or persons, or owner or owners, known or unknown.
Sec. 9. NRS 361.685 is hereby amended to read as follows:
361.685 1. The district attorney or the [holder of a certificate of purchase] assignee of a tax lien [issued] assigned pursuant to NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act shall file in the office of the county recorder a copy of each notice published or posted, with the affidavit of the publisher or foreman in the office, setting forth the date of each publication of the notice in the newspaper in which the notice was published.
2. The officers shall file a copy of the notices posted, with an affidavit of the time and place of posting.
3. Copies so filed or certified copies thereof are prima facie evidence of all the facts contained in the notice or affidavit, in all courts in the State.
4. The publishers are entitled to not more than the legal rate for each case for publishing a notice, including the making of the affidavit.
5. The county recorder is entitled to 50 cents for filing each notice of publication, including the affidavit.
6. The sums allowed must be taxed and collected as other costs in the case from the defendant, and in no case may they be charged against or collected from the county or State.
Sec. 10. NRS 361.695 is hereby amended to read as follows:
361.695 The defendant may answer by a verified pleading:
1. That the taxes, penalties, interest and costs have been paid before suit.
2. That the taxes, penalties, interest and costs have been paid since suit, or that the property is exempt from taxation under the provisions of this chapter.
3. Denying all claim, title or interest in the property assessed at the time of the assessment.
4. That the land is [situate] situated in, and has been assessed in, another county, and the taxes thereon paid.
5. Alleging fraud in the assessment, or that the assessment is out of proportion to and above the taxable value of the property assessed. If the defense is based upon the ground that the assessment is above the taxable value of the property, the defense is only valid as to the proportion of the tax based upon the excess of valuation, but in no such case may an entire assessment be declared void.
6. If the action is brought by the [holder of a certificate of purchase] assignee of a tax lien [issued] assigned pursuant to NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act, that the [defendant is the owner of a parcel of real property against which a tax lien was sold in a manner that] assignment did not comply with the provisions of NRS 361.731 to 361.733, inclusive [.] , and sections 2, 3 and 4 of this act.
7. If the action is brought by the [holder of a certificate of purchase] assignee of a tax lien [issued] assigned pursuant to NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act, that the defendant has redeemed the tax lien pursuant to NRS 361.7326.
κ2013 Statutes of Nevada, Page 1561 (CHAPTER 331, SB 301)κ
redeemed the tax lien pursuant to NRS 361.7326. [The defendant shall file the certificate of redemption issued pursuant to NRS 361.7326 with his or her answer.]
Sec. 11. NRS 361.731 is hereby amended to read as follows:
361.731 [As used in NRS 361.731 to 361.733, inclusive, unless the context otherwise requires, tax] Tax lien means a perpetual lien which remains against a parcel of real property until the taxes assessed against that parcel and any penalties, interest , fees and costs which may accrue thereon are paid [.] :
1. To the county treasurer; or
2. If the lien is assigned pursuant to NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act, to the assignee or any successor in interest of the assignee.
Sec. 12. NRS 361.7312 is hereby amended to read as follows:
361.7312 1. Except as otherwise provided in [this section,] subsection 2, a county [may,] treasurer shall [in lieu of the remedies for the collection of delinquent taxes set forth in NRS 361.5648 to 361.730, inclusive, sell] assign a tax lien against a parcel of real property upon which the taxes are delinquent [pursuant to the provisions of NRS 361.731 to 361.733, inclusive.] if the assignee:
(a) Presents the county treasurer with:
(1) Written authorization for the assignment, duly executed by the owner of the property in accordance with section 4 of this act; and
(2) Evidence that the assignee has posted and maintains the bond required by NRS 361.7314 in the penal sum required by that section, or an affidavit showing that the assignee is exempt from the requirement pursuant to subsection 4 of that section; and
(b) Tenders to the county treasurer the full amount of the delinquent taxes assessed against the property and any applicable penalties, interest, fees and costs. Payment must be made in cash or by certified check, money order or wire transfer.
2. [Except as otherwise provided in this section, a county may sell a tax lien to any purchaser.] A county treasurer may not [sell] assign a tax lien to a government, governmental agency or political subdivision of a government . [, or to any insurer other than an insurer that:
(a) Is entitled to receive the credit set forth in NRS 680B.050 because it owns and substantially occupies and uses a building in this State as its home office or as a regional home office; or
(b) Issues in this State a policy of insurance for medical malpractice.]
3. [For the purposes of this section:
(a) Insurer has the meaning ascribed to it in NRS 679A.100.
(b) Policy of insurance for medical malpractice has the meaning ascribed to it in NRS 679B.144.] An assignment of a tax lien pursuant to this section does not affect the priority of the tax lien.
Sec. 13. NRS 361.7314 is hereby amended to read as follows:
361.7314 1. [Before a county may offer for sale tax liens against parcels of real property located within the county, the board of county commissioners of that county must adopt by resolution a procedure for the sale and transfer of tax liens by the county treasurer.
2. The procedure must include, but is not limited to:
(a) The requirements for notice of the sale of the tax lien. The notice must include:
κ2013 Statutes of Nevada, Page 1562 (CHAPTER 331, SB 301)κ
(1) The date, time and location of the sale; and
(2) An indication of all other tax liens against the property that have been previously sold.
(b) The manner in which:
(1) A tax lien is selected for sale;
(2) The price to purchase a tax lien is determined; and
(3) The holder of a certificate of purchase issued pursuant to NRS 361.7318 may collect the delinquent taxes, interest, penalties and costs on the parcel of real property which is the subject of the tax lien.] Except as otherwise provided in subsection 4, an assignee shall post a cash bond or surety bond:
(a) In the penal sum of $500,000; and
(b) Conditioned to provide indemnification to any owner of real property in this State with respect to which a tax lien is assigned to the assignee if the owner is determined to have suffered damage as a result of the assignees wrongful failure or refusal to perform the obligations of the assignee under an agreement entered into pursuant to section 4 of this act.
2. No part of the bond required by this section may be withdrawn while any agreement entered into pursuant to section 4 of this act, to which the assignee is a party, remains in effect with respect to real property in this State.
3. Except as otherwise provided in subsection 4, each assignee shall annually submit to the Secretary of State a written statement, made under penalty of perjury:
(a) That the assignee has posted the bond required by this section; and
(b) Stating the name and business address of the surety or person with whom the bond has been posted.
Κ Any assignee or other person who knowingly makes or causes to be made a false statement to the Secretary of State pursuant to this subsection is guilty of a misdemeanor.
4. The provisions of this section do not apply to any assignee who is related within the third degree of consanguinity to the owner of the real property that is the subject of the assignment.
Sec. 14. NRS 361.7316 is hereby amended to read as follows:
361.7316 1. A county treasurer may [sell] assign a tax lien against a parcel of real property at any time after the [first Monday in June after the] taxes on that parcel become delinquent and before judgment in favor of the county is entered pursuant to NRS 361.700 if:
(a) The parcel is on the secured roll; and
(b) The taxes on the parcel are delinquent pursuant to the provisions of NRS 361.483 . [;
(c) The tax receiver has given notice of the delinquency pursuant to NRS 361.5648; and
(d) The price for the tax lien established by the county treasurer is at least equal to the amount of the taxes which are delinquent for the parcel and any penalties, interest and costs which may accrue thereon.
2. The county treasurer may sell a tax lien separately or in combination with other tax liens in accordance with the procedure adopted by the board of county commissioners pursuant to NRS 361.7314.
3. Each tax lien must relate to the taxes assessed against the parcel for at least 1 year, and any penalties, interest and costs which may accrue thereon.
κ2013 Statutes of Nevada, Page 1563 (CHAPTER 331, SB 301)κ
4. The county treasurer may sell a tax lien which relates to the taxes assessed against the parcel for any year of assessment and any penalties, interest and costs accrued thereon if those taxes are delinquent pursuant to the provisions of NRS 361.483.
5.] 2. If two or more parcels are assessed as a single parcel, one tax lien may be [sold] assigned for that single parcel.
[6. A tax lien must be purchased in cash or by certified check, money order or wire transfer of money.
7. If a tax lien offered for sale is not sold at the sale conducted by the county treasurer, the county may collect the delinquent taxes pursuant to the remedies for the collection of delinquent taxes set forth in NRS 361.5648 to 361.730, inclusive.]
Sec. 15. NRS 361.7318 is hereby amended to read as follows:
361.7318 1. The county treasurer shall issue a certificate of [purchase] assignment to each [purchaser] assignee of a tax lien.
2. [The holder of a certificate of purchase is entitled to receive:
(a) The amount of the taxes which are delinquent for the year those taxes are assessed against the parcel of real property which is the subject of the tax lien and any penalties, interest and costs imposed pursuant to the provisions of this chapter; and
(b) Interest on the amount described in paragraph (a) which accrues at a rate established by the board of county commissioners. The interest must be calculated annually from the date on which the certificate of purchase is issued. The rate of interest established by the board may not be less than 10 percent per annum or more than 20 percent per annum.
3.] Each certificate of [purchase] assignment must include:
(a) [A] The legal description and parcel number of the [parcel of] real property which is the subject of the tax lien;
(b) The year or years for which the delinquent taxes [which are delinquent] were assessed on the parcel;
(c) The name of the owner of the property, if known;
(d) The amount the county treasurer received for the tax lien [;
(d) The amount of the delinquent taxes owed on the parcel and any penalties, interest and costs imposed pursuant to the provisions of this chapter;] pursuant to NRS 361.7312; and
(e) A statement that the amount indicated on the certificate [pursuant to paragraph (d)] bears interest at the rate established by the [board of county commissioners, from the date on which the certificate of purchase is issued.
4. The holder of a certificate of purchase may transfer the certificate to another person by signing the certificate before a notary public. A certificate of purchase may not be transferred to a government, governmental agency or political subdivision of a government. The transferee must submit the certificate to the county treasurer for entry of the transfer in the record of sales tax liens maintained by the county treasurer pursuant to NRS 361.7322.
5.] agreement entered into pursuant to section 4 of this act.
3. Notwithstanding the provisions of NRS 104.9109, a security interest in a certificate of [purchase] assignment may be created and perfected in the manner provided for general intangibles set forth in NRS 104.9101 to 104.9709, inclusive.
Sec. 16. NRS 361.732 is hereby amended to read as follows:
361.732 If [the holder of a certificate of purchase] an assignee requests the county treasurer to issue a duplicate certificate [,] of assignment, the [holder] assignee must submit to the county treasurer a notarized affidavit which attests that the original certificate was lost or destroyed.
κ2013 Statutes of Nevada, Page 1564 (CHAPTER 331, SB 301)κ
[holder] assignee must submit to the county treasurer a notarized affidavit which attests that the original certificate was lost or destroyed. The county treasurer shall, upon receipt of the affidavit, issue to the [holder] assignee an exact duplicate of the certificate of [purchase.] assignment.
Sec. 17. NRS 361.7322 is hereby amended to read as follows:
361.7322 The county treasurer shall [prepare and maintain a record of each tax lien] make a notation in his or her records whenever he or she [sells] assigns a tax lien pursuant to the provisions of NRS 361.731 to 361.733, inclusive [.] , and sections 2, 3 and 4 of this act. [The record must include:
1. The date of the sale of the tax lien;
2. A description of the parcel of real property which is the subject of the tax lien;
3. The year the taxes which are delinquent were assessed on the parcel;
4. The name of the owner of the parcel, if known;
5. The name and address of the original purchaser of the tax lien;
6. The amount of the delinquent taxes owed on the parcel and any penalties, interest and costs imposed pursuant to the provisions of this chapter on the date the county treasurer sells the tax lien;
7. The name and address of any person to whom the certificate of purchase is transferred and the date of the transfer;
8. The name of the person who redeems the tax lien, the date of that redemption and the amount paid to redeem the tax lien; and
9. The date of any judgment entered pursuant to NRS 361.700.]
Sec. 18. (Deleted by amendment.)
Sec. 19. NRS 361.7326 is hereby amended to read as follows:
361.7326 1. [In addition to the persons authorized to redeem a tax lien pursuant to NRS 361.7324, any] An owner of property may redeem a tax lien [sold] assigned pursuant to the provisions of NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act [may be redeemed by any of the following persons, as their interests in the parcel of real property which is the subject of the tax lien may appear of record:
(a) The owner of the parcel of real property.
(b) The beneficiary under a deed of trust.
(c) The mortgagee under a mortgage.
(d) The person to whom the property was assessed.
(e) The person who holds a contract to purchase the property before its conveyance to the county treasurer.
(f) The successor in interest of any person specified in this subsection.
2. A person who redeems a tax lien must pay to the county treasurer the amount stated on the certificate of purchase of the tax lien, including interest at the rate stated on the certificate and any fees paid by the holder of the certificate of purchase to the county treasurer.] without a prepayment penalty at any time after the assignment by paying the amounts owed to the assignee under the agreement entered into pursuant to section 4 of this act.
2. If [the person] an owner who redeems the tax lien has been served with a summons pursuant to NRS 361.670, the [person] owner must pay the costs incurred by the [holder of the certificate of purchase] assignee to commence the action.
[4. The county treasurer]
κ2013 Statutes of Nevada, Page 1565 (CHAPTER 331, SB 301)κ
3. Within 20 business days after the redemption of the tax lien, the assignee shall issue a [certificate of redemption to each person who redeems a tax lien pursuant to this section.
5.] release of the lien to the owner.
4. A [certificate of redemption] release issued pursuant to subsection [4] 3 must include:
(a) [A] The legal description and parcel number of the [parcel of real] property which is the subject of the tax lien;
(b) The year or years for which the taxes related to the lien were assessed on the parcel;
(c) The recording information for the documents recorded pursuant to subsection 3 of section 4 of this act; and
(d) The date the tax lien is redeemed . [;
(c) The name and address of the person who redeems the tax lien; and
(d) The amount paid to redeem the tax lien.
6. The county treasurer shall record the information set forth in subsection 5 in the record he or she maintains pursuant to NRS 361.7322.
7. A certificate of redemption may be recorded in the office of the county recorder.]
5. The assignee shall:
(a) Cause the release to be recorded in the office of the county recorder of the county in which the property is located; and
(b) Cause a copy of the release to be sent to the county treasurer of that county.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 361.733 is hereby amended to read as follows:
361.733 [If]
1. Except as otherwise provided in this section, if a tax lien is not redeemed pursuant to NRS 361.7326 , [within the time allowed for the collection of the delinquent taxes set forth in NRS 361.5648 to 361.620, inclusive,] the [holder of the certificate of purchase] assignee may commence an action pursuant to NRS 361.625 to 361.730, inclusive, for the collection of the delinquent taxes, penalties, interest , fees and costs [.] owed pursuant to the certificate of assignment and the agreement entered into pursuant to section 4 of this act. An assignee may not commence such an action before the earliest date on which an action could be commenced by the district attorney of the county pursuant to NRS 361.635.
2. Not later than 60 days before commencing such an action, the assignee shall cause written notice of the intended action and the assignees claim, stating the amount owed to the assignee, to be mailed by certified mail to:
(a) The owner of the property at the owners last known address; and
(b) Each of the following persons, as their interest in the property appears of record:
(1) The beneficiary under any deed of trust; and
(2) The mortgagee under any mortgage.
κ2013 Statutes of Nevada, Page 1566 (CHAPTER 331, SB 301)κ
3. At any time after notice is given pursuant to subsection 2 and before the commencement of an action by the assignee, any person related to the owner of the property within the third degree of consanguinity or any beneficiary or mortgagee described in subsection 2 may obtain an assignment of the tax lien from the assignee by paying the assignee the amount then owed to the assignee.
Sec. 22. NRS 40.430 is hereby amended to read as follows:
40.430 1. Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, and except as otherwise provided in NRS 118C.220, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.430 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.
2. This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.
3. At any time not later than 5 business days before the date of sale directed by the court, if the deficiency resulting in the action for the recovery of the debt has arisen by failure to make a payment required by the mortgage or other lien, the deficiency may be made good by payment of the deficient sum and by payment of any costs, fees and expenses incident to making the deficiency good. If a deficiency is made good pursuant to this subsection, the sale may not occur.
4. A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.
5. Within 30 days after a sale of property is conducted pursuant to this section, the sheriff who conducted the sale shall record the sale of the property in the office of the county recorder of the county in which the property is located.
6. As used in this section, an action does not include any act or proceeding:
(a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.
(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.
(c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.
(d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750, or the recovery of any declaratory or equitable relief.
(e) For the exercise of a power of sale pursuant to NRS 107.080.
κ2013 Statutes of Nevada, Page 1567 (CHAPTER 331, SB 301)κ
(f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.
(g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.
(h) To draw under a letter of credit.
(i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.
(j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.
(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.
(l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.
(m) Which does not include the collection of the debt or realization of the collateral securing the debt.
(n) Pursuant to NRS 40.507 or 40.508.
(o) Pursuant to an agreement entered into pursuant to section 4 of this act between an owner of the property and the assignee of a tax lien against the property, or an action which is authorized by NRS 361.733.
(p) Which is exempted from the provisions of this section by specific statute.
[(p)] (q) To recover costs of suit, costs and expenses of sale, attorneys fees and other incidental relief in connection with any action authorized by this subsection.
Sec. 22.5. NRS 361.7324 and 361.7328 are hereby repealed.
Sec. 23. This act becomes effective on July 1, 2013.
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κ2013 Statutes of Nevada, Page 1568κ
Senate Bill No. 319Senator Hardy
CHAPTER 332
[Approved: June 1, 2013]
AN ACT relating to physicians; revising certain provisions governing certain continuing education requirements for physicians; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally provides for the regulation of allopathic and osteopathic physicians in this State. (Chapters 630 and 633 of NRS) Section 1 of this bill authorizes an allopathic physician to substitute not more than 2 hours of continuing education credits in pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics. Section 2 of this bill requires the State Board of Osteopathic Medicine to require, as part of the continuing education requirements approved by the Board, the biennial completion by an osteopathic physician of at least 2 hours of credit in ethics, pain management or addiction care.
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 630.253 is hereby amended to read as follows:
630.253 1. The Board shall, as a prerequisite for the:
(a) Renewal of a license as a physician assistant; or
(b) Biennial registration of the holder of a license to practice medicine,
Κ require each holder to comply with the requirements for continuing education adopted by the Board.
2. These requirements:
(a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.
(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(1) An overview of acts of terrorism and weapons of mass destruction;
(2) Personal protective equipment required for acts of terrorism;
(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use of, the Health Alert Network.
κ2013 Statutes of Nevada, Page 1569 (CHAPTER 332, SB 319)κ
Κ The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
3. The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
4. The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
5. A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics.
6. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 2. NRS 633.471 is hereby amended to read as follows:
633.471 1. Except as otherwise provided in subsection [5] 6 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this chapter;
(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;
(d) Submitting an affidavit to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.
κ2013 Statutes of Nevada, Page 1570 (CHAPTER 332, SB 319)κ
3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.
4. The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
5. The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management or addiction care.
6. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
Secs. 3-18. (Deleted by amendment.)
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