[Rev. 1/29/2019 1:00:30 PM]
κ2017 Statutes of Nevada, Page 1215κ
Senate Bill No. 12Committee on Revenue and Economic Development
CHAPTER 229
[Approved: May 31, 2017]
AN ACT relating to governmental administration; repealing certain reporting requirements of the State Board of Agriculture and the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation; repealing a requirement that the Administrator of the Employment Security Division print for distribution to the public certain regulations, rules, reports and other materials relating to unemployment compensation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 3 of this bill repeals the requirement that the: (1) State Board of Agriculture submit to the Governor a biennial report of its activities relating to its statutory duties; (2) Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation submit to the Governor a biennial report on the administration and operation of statutes relating to unemployment compensation; and (3) Administrator of the Employment Security Division print for distribution to the public the text of certain regulations, rules, reports and other materials relating to unemployment 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:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 562.150, 612.235 and 612.255 are hereby repealed.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 177Assemblyman Sprinkle
CHAPTER 230
[Approved: May 31, 2017]
AN ACT relating to domestic violence; authorizing a court to set a second or third hearing on an extended order for protection under certain circumstances; requiring the service of certain documents related to an application for an extended order of protection; extending the time that a temporary order for protection remains in effect under certain circumstances; and providing other matters properly relating thereto.
κ2017 Statutes of Nevada, Page 1216 (CHAPTER 230, AB 177)κ
Legislative Counsels Digest:
Existing law authorizes a court to issue a temporary or extended order for protection against domestic violence. Further, a court is authorized to grant an extended order after notice to the adverse party and a hearing on the application for the extended order. The hearing must be held within 45 days after the date on which the application for the extended order is filed. (NRS 33.020) Section 1 of this bill authorizes the court to set a date for a second hearing within 90 days after the date on which the first hearing was scheduled if the adverse party fails to appear at the first hearing and: (1) after due diligence, the adverse party has not been served with certain documents; or (2) the adverse party conceals himself or herself to avoid such service. Section 1 also authorizes the court to set a date for a third hearing, under similar circumstances, within 90 days after the date on which the second hearing was scheduled.
Existing law requires the court to order the appropriate law enforcement agency to serve the adverse party personally with a temporary order. An application for an extended order and the notice of hearing must be served upon the adverse party pursuant to the Nevada Rules of Civil Procedure or at the partys current place of employment. (NRS 33.060, 33.065) Section 2 of this bill requires the court to order the appropriate law enforcement agency to serve upon the adverse party an application for an extended order and the notice of any second or third hearing upon the application scheduled by the court.
Existing law provides that, if an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until the hearing on the extended order is held. (NRS 33.080) If the court sets a date for a second or third hearing on an application for an extended order, section 3 of this bill requires the temporary order to remain in effect until the date on which the second or third hearing is held.
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 33.020 is hereby amended to read as follows:
33.020 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.
4. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.
[4.] If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a second hearing which must be held within 90 days after the date on which the first hearing was scheduled.
κ2017 Statutes of Nevada, Page 1217 (CHAPTER 230, AB 177)κ
5. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an extended order pursuant to subsection 4, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held within 90 days after the date on which the second hearing was scheduled.
6. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
[5.] 7. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
[6.] 8. In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection [5.] 7.
[7.] 9. In a county whose population is less than 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection [5.] 7.
[8.] 10. The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.
Sec. 2. NRS 33.060 is hereby amended to read as follows:
33.060 1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.
2. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of any hearing thereon must be served upon the adverse party:
(a) Pursuant to the Nevada Rules of Civil Procedure; or
(b) In the manner provided in NRS 33.065.
κ2017 Statutes of Nevada, Page 1218 (CHAPTER 230, AB 177)κ
3. A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.
4. The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.
Sec. 3. NRS 33.080 is hereby amended to read as follows:
33.080 1. A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until [the] :
(a) The hearing on the extended order is held [.] ; or
(b) If the court schedules a second or third hearing pursuant to subsection 4 or 5 of NRS 33.020, the date on which the second or third hearing on an application for an extended order is held.
2. On 2 days notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 1 year.
Sec. 4. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court except a justice court or a municipal court shall be opened nor shall any judicial business be transacted except by a justice court or municipal court on Sunday, or on any day declared to be a legal holiday according to the provisions of NRS 236.015, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) To receive communications by telephone and for the issuance of a temporary order pursuant to subsection [5] 7 of NRS 33.020.
(e) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:
That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same.
All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of any nature whatsoever.
Sec. 5. This act becomes effective upon passage and approval.
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κ2017 Statutes of Nevada, Page 1219κ
Assembly Bill No. 218Assemblyman Hambrick
CHAPTER 231
[Approved: May 31, 2017]
AN ACT relating to criminal procedure; authorizing a court in certain circumstances to reduce any mandatory minimum period of incarceration which is required to be served by a person who is convicted as an adult for an offense committed when he or she was less than 18 years of age; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a person is convicted as an adult for an offense that the person committed when he or she was less than 18 years of age, the court is required to consider, before imposing a sentence upon the person, the differences between juvenile and adult offenders, including, without limitation, the diminished culpability of juveniles as compared to that of adults and the typical characteristics of youth. (NRS 176.017) Section 1 of this bill authorizes the court, after considering all required factors, to reduce any mandatory minimum period of incarceration that the person is required to serve by not more than 35 percent if the court determines that such a departure or reduction is warranted given the age of the person and his or her prospects for rehabilitation.
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 176.017 is hereby amended to read as follows:
176.017 1. If a person is convicted as an adult for an offense that the person committed when he or she was less than 18 years of age, in addition to any other factor that the court is required to consider before imposing a sentence upon such a person, the court shall consider the differences between juvenile and adult offenders, including, without limitation, the diminished culpability of juveniles as compared to that of adults and the typical characteristics of youth.
2. Notwithstanding any other provision of law, after considering the factors set forth in subsection 1, the court may, in its discretion, reduce any mandatory minimum period of incarceration that the person is required to serve by not more than 35 percent if the court determines that such a reduction is warranted given the age of the person and his or her prospects for rehabilitation.
Sec. 2. (Deleted by amendment.)
Sec. 3. The amendatory provisions of section 1 of this act apply to:
1. An offense committed on or after October 1, 2017; and
2. An offense committed before October 1, 2017, if the person is convicted on or after October 1, 2017.
________
κ2017 Statutes of Nevada, Page 1220κ
Assembly Bill No. 235Assemblymen Monroe-Moreno, Cohen, Ohrenschall, Watkins, Carrillo; Jauregui and Yeager
Joint Sponsor: Senator Segerblom
CHAPTER 232
[Approved: May 31, 2017]
AN ACT relating to receiverships; enacting the Uniform Commercial Real Estate Receivership Act; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a court to appoint a receiver in certain cases and under certain circumstances. (NRS 32.010, 32.015) This bill enacts the Uniform Commercial Real Estate Receivership Act to establish provisions governing the appointment and powers of a receiver for real property that is used for certain commercial purposes and any personal property related to or used in operating that real property.
Section 29 of this bill sets forth the circumstances under which a court is authorized to appoint a receiver for such property. Under section 29, a court is authorized to appoint a receiver: (1) before judgment if the property is subjected to or is in danger of waste, loss, dissipation or impairment or has been or is about to be subject to a voidable transaction; (2) to carry a judgment into effect or preserve property pending an appeal or when an owner of the property refuses to apply the property in satisfaction of the judgment; (3) when the court determines that equitable grounds establish the need for a receiver; or (4) to preserve property that has been sold in an execution or foreclosure sale during the period that the property may be redeemed by the debtor. Section 29 further provides that a mortgagee under a mortgage for certain commercial real property is entitled to the appointment of a receiver under certain circumstances.
Section 30 of this bill establishes the circumstances under which a person is disqualified from appointment as a receiver because the person has certain conflicts of interest. Under section 30, a court is prohibited from appointing a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified from such appointment. Section 30.5 of this bill requires the Nevada Supreme Court to adopt rules: (1) governing the ethics and independence of receivers; and (2) preventing self-dealing by a receiver. Section 31 of this bill requires a receiver to post a bond or alternative security with the court appointing the receiver.
Sections 32-37 of this bill enact provisions setting forth the effect of the appointment of a receiver. Section 32 provides that a receiver has the status and priority of a lien creditor with respect to the receivership property. Under section 33, the appointment of a receiver does not affect the validity of any security interest granted before the appointment of the receiver, and any property acquired by a receiver is subject to a security interest granted under an agreement entered into before the appointment of the receiver. Section 34 requires a person who possesses property for which a receiver has been appointed to turn over the property to the receiver on demand by the receiver. Section 35 sets forth the powers and duties of a receiver with respect to the receivership property, including, without limitation, the authority to manage and protect receivership property, operate a business constituting receivership property, pay expenses and assert the rights, claims and defenses of the owner of the property. Section 36 sets forth the duties of the owner of property for which a receiver has been appointed, including, without limitation, a requirement to assist and cooperate with the receiver, preserve and turn over to the receiver receivership property in the owners possession or control and making available to the receiver certain records.
κ2017 Statutes of Nevada, Page 1221 (CHAPTER 232, AB 235)κ
receivership property in the owners possession or control and making available to the receiver certain records. Section 37 provides that the appointment of a receiver automatically stays certain actions and proceedings involving receivership property and allows a person whose action or proceeding is stayed to apply to the court for relief from the stay.
Sections 38-46 of this bill enact provisions governing the administration of the receivership. Section 38 authorizes the receiver to hire and pay certain professionals to assist in the administration of the receivership upon approval of the court. Section 39 authorizes a receiver to dispose of receivership property outside of the ordinary court of business with the approval of the court. Sections 39 and 43 further provide that: (1) such a disposition of receivership property is free and clear of junior liens unless the agreement for the disposition provides otherwise; and (2) secured creditors are entitled to receive the proceeds of such a disposition according to the priority established by existing law. Section 40 authorizes a receiver to adopt or reject contracts under which a party has an unperformed obligation upon approval of the court and establishes the procedures for doing so. Section 41 provides immunity to a receiver and requires the approval of the appointing court before a receiver may be sued personally for an act or omission in administering receivership property. Section 43 requires a receiver to notify certain creditors of the appointment of the receiver and requires creditors to file claims with the receiver to obtain a distribution of or proceeds from receivership property. Sections 42 and 46 require a receiver to file certain reports with the court.
Under section 47 of this bill, when the court of another state has appointed a person as receiver, a court in this State may appoint that person as an ancillary receiver for the purpose of obtaining possession and control of receivership property located in this State. Section 47 further authorizes the court to enter any order necessary to effectuate an order of a court in another state appointing or directing a receiver.
Section 48 of this bill sets forth certain effects of the appointment of a receiver upon the request of a mortgagee or assignee of rents.
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 32 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 50, inclusive, of this act.
Sec. 2. Sections 2 to 50, inclusive, of this act may be cited as the Uniform Commercial Real Estate Receivership Act.
Sec. 3. As used in sections 2 to 50, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 25, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Affiliate means:
1. With respect to an individual:
(a) A companion of the individual;
(b) A lineal ancestor or descendant, whether by blood or adoption, of:
(1) The individual; or
(2) A companion of the individual;
(c) A companion of an ancestor or descendant described in paragraph (b);
(d) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or
κ2017 Statutes of Nevada, Page 1222 (CHAPTER 232, AB 235)κ
(e) Any other individual occupying the residence of the individual; and
2. With respect to a person other than an individual:
(a) Another person that directly or indirectly controls, is controlled by or is under common control with the person;
(b) An officer, director, manager, member, partner, employee or trustee or other fiduciary of the person; or
(c) A companion of, or an individual occupying the residence of, an individual described in paragraph (a) or (b).
Sec. 5. Companion means:
1. The spouse of an individual;
2. The registered domestic partner of an individual; or
3. Another individual in a civil union with an individual.
Sec. 6. Court means a district court of this State.
Sec. 7. Executory contract means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach.
Sec. 8. Governmental unit means an office, department, division, bureau, board, commission or other agency of this State or a subdivision of this State.
Sec. 9. Lien means an interest in property which secures payment or performance of an obligation.
Sec. 10. Mortgage means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if it also creates or provides for a lien on personal property.
Sec. 11. Mortgagee means a person entitled to enforce an obligation secured by a mortgage.
Sec. 12. Mortgagor means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage.
Sec. 13. Owner means the person for whose property a receiver is appointed.
Sec. 14. Person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.
Sec. 15. Proceeds means the following property:
1. Whatever is acquired on the sale, lease, license, exchange or other disposition of receivership property;
2. Whatever is collected on, or distributed on account of, receivership property;
3. Rights arising out of receivership property;
4. To the extent of the value of receivership property, claims arising out of the loss, nonconformity or interference with the use of, defects or infringement of rights in or damage to the property; or
5. To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in or damage to the property.
Sec. 16. Property means all of a persons right, title and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. The term includes proceeds, products, offspring, rents or profits of or from the property.
κ2017 Statutes of Nevada, Page 1223 (CHAPTER 232, AB 235)κ
Sec. 17. Receiver means a person appointed by the court as the courts agent, and subject to the courts direction, to take possession of, manage and, if authorized by sections 2 to 50, inclusive, of this act or court order, transfer, sell, lease, license, exchange, collect or otherwise dispose of receivership property.
Sec. 18. Receivership means a proceeding in which a receiver is appointed.
Sec. 19. Receivership property means the property of an owner that is described in the order appointing a receiver or a subsequent order. The term includes any proceeds, products, offspring, rents or profits of or from the property.
Sec. 20. Record, used as a noun, means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.
Sec. 21. Rents means:
1. Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
2. Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property;
3. Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
4. Sums payable to terminate an agreement to possess or occupy real property of another person;
5. Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating and maintaining real property or constructing or installing improvements on real property; or
6. Other sums payable under an agreement relating to the real property of another person that constitute rents under law of this State other than sections 2 to 50, inclusive, of this act.
Sec. 22. Secured obligation means an obligation the payment or performance of which is secured by a security agreement.
Sec. 23. Security agreement means an agreement that creates or provides for a lien.
Sec. 24. Sign means, with present intent to authenticate or adopt a record, to:
1. Execute or adopt a tangible symbol; or
2. Attach to or logically associate with the record an electronic sound, symbol or process.
Sec. 25. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 26. 1. Except as otherwise provided in subsection 2, the court may issue an order under sections 2 to 50, inclusive, of this act only after notice and opportunity for a hearing appropriate in the circumstances.
2. The court may issue an order under sections 2 to 50, inclusive, of this act:
(a) Without prior notice if the circumstances require issuance of an order before notice is given;
(b) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or
(c) After notice and without a hearing if no interested party timely requests a hearing.
κ2017 Statutes of Nevada, Page 1224 (CHAPTER 232, AB 235)κ
Sec. 27. 1. Except as otherwise provided in subsection 2 or 3, sections 2 to 50, inclusive, of this act apply to a receivership for an interest in real property and any personal property related to or used in operating the real property.
2. Sections 2 to 50, inclusive, of this act do not apply to a receivership for an interest in real property improved by one to four dwelling units unless:
(a) The interest is used for agricultural, commercial, industrial or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owners primary residence;
(b) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial or mineral-extraction purposes;
(c) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owners business; or
(d) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
3. Sections 2 to 50, inclusive, of this act do not apply to a receivership authorized by law of this State other than sections 2 to 50, inclusive, of this act in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit except to the extent provided by the other law.
4. Sections 2 to 50, inclusive, of this act do not limit the authority of a court to appoint a receiver under law of this State other than sections 2 to 50, inclusive, of this act.
5. Unless displaced by a particular provision of sections 2 to 50, inclusive, of this act, the principles of law and equity supplement the provisions of sections 2 to 50, inclusive, of this act.
Sec. 28. The court that appoints a receiver under sections 2 to 50, inclusive, of this act has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
Sec. 29. 1. The court may appoint a receiver:
(a) Before judgment, to protect a party that demonstrates an apparent right, title or interest in real property that is the subject of the action, if the property or its revenue-producing potential:
(1) Is being subjected to or is in danger of waste, loss, dissipation or impairment; or
(2) Has been or is about to be the subject of a voidable transaction;
(b) After judgment:
(1) To carry the judgment into effect; or
(2) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;
(c) In an action in which a receiver for real property may be appointed on equitable grounds; or
(d) During the time allowed for redemption, to preserve real property sold in an execution or foreclosure sale and secure its rents to the person entitled to the rents.
κ2017 Statutes of Nevada, Page 1225 (CHAPTER 232, AB 235)κ
2. In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if:
(a) Appointment is necessary to protect the property from waste, loss, transfer, dissipation or impairment;
(b) The mortgagor agreed in a signed record to appointment of a receiver on default;
(c) The owner agreed, after default and in a signed record, to appointment of a receiver;
(d) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;
(e) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or
(f) The holder of a subordinate lien obtains appointment of a receiver for the property.
3. The court may condition appointment of a receiver without prior notice under paragraph (a) of subsection 2 of section 26 of this act or without a prior hearing under paragraph (b) of subsection 2 of section 26 of this act on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorneys fees and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
Sec. 30. 1. The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
2. Except as otherwise provided in subsection 3, a person is disqualified from appointment as receiver if the person:
(a) Is an affiliate of a party;
(b) Has an interest materially adverse to an interest of a party;
(c) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(d) Has a debtor-creditor relationship with a party; or
(e) Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company.
3. A person is not disqualified from appointment as receiver solely because the person:
(a) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(b) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family or household purposes; or
(c) Maintains with a party a deposit account as defined in paragraph (cc) of subsection 1 of NRS 104.9102.
4. A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
Sec. 30.5. 1. The Supreme Court shall adopt rules:
(a) Governing the ethics and independence of receivers; and
(b) Preventing self-dealing by a receiver.
2. As used in this section, self-dealing means any direct or indirect:
(a) Sale, exchange or leasing of property between a receivership and the receiver;
κ2017 Statutes of Nevada, Page 1226 (CHAPTER 232, AB 235)κ
(b) Lending of money or other extension of credit between a receivership and the receiver;
(c) Furnishing of goods, services or facilities between a receivership and the receiver;
(d) Payment of compensation, or payment or reimbursement of expenses, by a receivership to the receiver; or
(e) Transfer to, or use by or for the benefit of, a receiver of the income or assets of the receivership.
Sec. 31. 1. Except as otherwise provided in subsection 2, a receiver shall post with the court a bond that:
(a) Is conditioned on the faithful discharge of the receivers duties;
(b) Has one or more sureties approved by the court;
(c) Is in an amount the court specifies; and
(d) Is effective as of the date of the receivers appointment.
2. The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receivers discharge.
3. The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
4. A claim against a receivers bond or alternative security must be made not later than 6 months after the date the receiver is discharged.
Sec. 32. On appointment of a receiver, the receiver has the status of a lien creditor under:
1. NRS 104.9101 to 104.9717, inclusive, as to receivership property that is personal property or fixtures; and
2. NRS 111.310 to 111.365, inclusive, as to receivership property that is real property.
Sec. 33. Except as otherwise provided by law of this State other than sections 2 to 50, inclusive, of this act, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
Sec. 34. 1. Unless the court orders otherwise, on demand by a receiver:
(a) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and
(b) Subject to subsection 3, a person that has possession, custody or control of receivership property shall turn the property over to the receiver.
2. A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
3. If a creditor has possession, custody or control of receivership property and the validity, perfection or priority of the creditors lien on the property depends on the creditors possession, custody or control, the creditor may retain possession, custody or control until the court orders adequate protection of the creditors lien.
κ2017 Statutes of Nevada, Page 1227 (CHAPTER 232, AB 235)κ
4. Unless a bona fide dispute exists about a receivers right to possession, custody or control of receivership property, the court may sanction as civil contempt a persons failure to turn the property over when required by this section.
Sec. 35. 1. Except as limited by court order or law of this State other than sections 2 to 50, inclusive, of this act, a receiver may:
(a) Collect, control, manage, conserve and protect receivership property;
(b) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection or disposition of the property in the ordinary course of business;
(c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receivers preservation, use, sale, lease, license, exchange, collection or disposition of receivership property;
(d) Assert a right, claim, cause of action or defense of the owner that relates to receivership property;
(e) Seek and obtain instruction from the court concerning receivership property, exercise of the receivers powers and performance of the receivers duties;
(f) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;
(g) Engage a professional as provided in section 38 of this act;
(h) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and
(i) Exercise any power conferred by court order, sections 2 to 50, inclusive, of this act or law of this State other than sections 2 to 50, inclusive, of this act.
2. With court approval, a receiver may:
(a) Incur debt for the use or benefit of receivership property other than in the ordinary course of business;
(b) Make improvements to receivership property;
(c) Use or transfer receivership property other than in the ordinary course of business as provided in section 39 of this act;
(d) Adopt or reject an executory contract of the owner as provided in section 40 of this act;
(e) Pay compensation to the receiver as provided in section 44 of this act, and to each professional engaged by the receiver as provided in section 38 of this act;
(f) Recommend allowance or disallowance of a claim of a creditor as provided in section 43 of this act; and
(g) Make a distribution of receivership property as provided in section 43 of this act.
3. A receiver shall:
(a) Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership property;
(b) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection or other disposition of the property;
κ2017 Statutes of Nevada, Page 1228 (CHAPTER 232, AB 235)κ
(c) Record in the office of the county recorder of the county in which the receivership is administered and in the office of the county recorder of every county in which any real property of the receivership is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description;
(d) Disclose to the court any fact arising during the receivership which would disqualify the receiver under section 30 of this act; and
(e) Perform any duty imposed by court order, sections 2 to 50, inclusive, of this act or law of this State other than sections 2 to 50, inclusive, of this act.
4. The powers and duties of a receiver may be expanded, modified or limited by court order.
Sec. 36. 1. An owner shall:
(a) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receivers duties;
(b) Preserve and turn over to the receiver all receivership property in the owners possession, custody or control;
(c) Identify all records and other information relating to the receivership property, including a password, authorization or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owners possession, custody or control;
(d) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(e) Perform any duty imposed by court order, sections 2 to 50, inclusive, of this act or law of this State other than sections 2 to 50, inclusive, of this act.
2. If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee or other person exercising or having the power to exercise control over the affairs of the owner.
3. If a person knowingly fails to perform a duty imposed by this section, the court may:
(a) Award the receiver actual damages caused by the persons failure, reasonable attorneys fees and costs; and
(b) Sanction the failure as civil contempt.
Sec. 37. 1. Except as otherwise provided in subsection 4 or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding:
(a) To obtain possession of, exercise control over or enforce a judgment against receivership property; and
(b) To enforce a lien against receivership property to the extent the lien secures a claim against the owner which arose before entry of the order.
2. Except as otherwise provided in subsection 4, the court may enjoin an act, action or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
3. A person whose act, action or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
κ2017 Statutes of Nevada, Page 1229 (CHAPTER 232, AB 235)κ
4. An order under subsection 1 or 2 does not operate as a stay or injunction of:
(a) An act, action or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver;
(b) An act, action or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;
(c) Commencement or continuation of a criminal proceeding;
(d) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power; or
(e) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
5. The court may void an act that violates a stay or injunction under this section.
6. If a person knowingly violates a stay or injunction under this section, the court may:
(a) Award actual damages caused by the violation, reasonable attorneys fees and costs; and
(b) Sanction the violation as civil contempt.
Sec. 38. 1. With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:
(a) The identity and qualifications of the professional;
(b) The scope and nature of the proposed engagement;
(c) Any potential conflict of interest; and
(d) The proposed compensation.
2. A person is not disqualified from engagement under this section solely because of the persons engagement by, representation of or other relationship with the receiver, a creditor or a party. Sections 2 to 50, inclusive, of this act do not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer or broker when authorized by law.
3. A receiver or professional engaged under subsection 1 shall file with the court an itemized statement of the time spent, work performed and billing rate of each person that performed the work and an itemized list of expenses. The receiver shall pay the amount approved by the court.
Sec. 39. 1. With court approval, a receiver may use receivership property other than in the ordinary course of business.
2. With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the agreement of sale provides otherwise, a sale under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien and any right of redemption but is subject to a senior lien.
3. A lien on receivership property which is extinguished by a transfer under subsection 2 attaches to the proceeds of the transfer with the same validity, perfection and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.
κ2017 Statutes of Nevada, Page 1230 (CHAPTER 232, AB 235)κ
4. A transfer under subsection 2 may occur by means other than a public auction sale. A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.
5. A reversal or modification of an order approving a transfer under subsection 2 does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
6. As used in this section, good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing.
Sec. 40. 1. Except as otherwise provided in subsection 7, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receivers adoption and continued performance of the contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract within a reasonable time after the receivers appointment, the receiver is deemed to have rejected the contract.
2. A receivers performance of an executory contract before court approval under subsection 1 of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.
3. A provision in an executory contract which requires or permits a forfeiture, modification or termination of the contract because of the appointment of a receiver or the financial condition of the owner does not affect a receivers power under subsection 1 to adopt the contract.
4. A receivers right to possess or use receivership property pursuant to an executory contract terminates on rejection of the contract under subsection 1. Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of:
(a) The time set for submitting a claim in the receivership; or
(b) Thirty days after the court approves the rejection.
5. If, at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under law of this State other than sections 2 to 50, inclusive, of this act, the receiver may assign the contract with court approval.
6. If a receiver rejects under subsection 1 an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real-property timeshare interest, the purchaser may:
(a) Treat the rejection as a termination of the contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid; or
(b) Retain the purchasers right to possession under the contract, and in that case the purchaser shall continue to perform all obligations arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.
κ2017 Statutes of Nevada, Page 1231 (CHAPTER 232, AB 235)κ
of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.
7. A receiver may not reject an unexpired lease of real property under which the owner is the landlord if:
(a) The tenant occupies the leased premises as the tenants primary residence;
(b) The receiver was appointed at the request of a person other than a mortgagee; or
(c) The receiver was appointed at the request of a mortgagee and:
(1) The lease is superior to the lien of the mortgage;
(2) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenants occupancy will not be disturbed as long as the tenant performs its obligations under the lease;
(3) The mortgagee has consented to the lease, either in a signed record or by its failure timely to object that the lease violated the mortgage; or
(4) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.
8. As used in this section, timeshare interest means an interest having a duration of more than 3 years which grants its holder the right to use and occupy an accommodation, facility or recreational site, whether improved or not, for a specific period less than a full year during any given year.
Sec. 41. 1. A receiver is entitled to all defenses and immunities provided by law of this State other than sections 2 to 50, inclusive, of this act for an act or omission within the scope of the receivers appointment.
2. A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
Sec. 42. A receiver may file or, if ordered by the court, shall file an interim report that includes:
1. The activities of the receiver since appointment or a previous report;
2. Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
3. Receipts and dispositions of receivership property;
4. Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
5. Any other information required by the court.
Sec. 43. 1. Except as otherwise provided in subsection 6, a receiver shall give notice of appointment of the receiver to creditors of the owner by:
(a) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and
(b) Publication as directed by the court.
2. Except as otherwise provided in subsection 6, the notice required by subsection 1 must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least 90 days after the later of notice under paragraph (a) of subsection 1 or last publication under paragraph (b) of subsection 1.
κ2017 Statutes of Nevada, Page 1232 (CHAPTER 232, AB 235)κ
publication under paragraph (b) of subsection 1. The court may extend the period for submitting the claim. Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.
3. A claim submitted by a creditor under this section must:
(a) State the name and address of the creditor;
(b) State the amount and basis of the claim;
(c) Identify any property securing the claim;
(d) Be signed by the creditor under penalty of perjury; and
(e) Include a copy of any record on which the claim is based.
4. An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.
5. At any time before entry of an order approving a receivers final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection. The court shall allow or disallow the claim according to law of this State other than sections 2 to 50, inclusive, of this act.
6. If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that:
(a) The receiver need not give notice under subsection 1 of the appointment to all creditors of the owner, but only such creditors as the court directs; and
(b) Unsecured creditors need not submit claims under this section.
7. Subject to section 44 of this act:
(a) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditors priority under law of this State other than sections 2 to 50, inclusive, of this act; and
(b) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to law of this State other than sections 2 to 50, inclusive, of this act.
Sec. 44. 1. The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.
2. The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorneys fees and costs:
(a) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or
(b) A person whose conduct justified or would have justified the appointment of the receiver under paragraph (a) of subsection 1 of section 29 of this act.
Sec. 45. 1. The court may remove a receiver for cause.
2. The court shall replace a receiver that dies, resigns or is removed.
3. If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.
κ2017 Statutes of Nevada, Page 1233 (CHAPTER 232, AB 235)κ
4. The court may discharge a receiver and terminate the courts administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:
(a) The fees and expenses of the receivership, including reasonable attorneys fees and costs; and
(b) Actual damages caused by the appointment, including reasonable attorneys fees and costs.
Sec. 46. 1. On completion of a receivers duties, the receiver shall file a final report including:
(a) A description of the activities of the receiver in the conduct of the receivership;
(b) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;
(c) A list of disbursements, including payments to professionals engaged by the receiver;
(d) A list of dispositions of receivership property;
(e) A list of distributions made or proposed to be made from the receivership for creditor claims;
(f) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(g) Any other information required by the court.
2. If the court approves a final report filed under subsection 1 and the receiver distributes all receivership property, the receiver is discharged.
Sec. 47. 1. The court may appoint a receiver appointed in another state, or that persons nominee, as an ancillary receiver with respect to property located in this State or subject to the jurisdiction of the court for which a receiver could be appointed under sections 2 to 50, inclusive, of this act if:
(a) The person or nominee would be eligible to serve as receiver under section 30 of this act; and
(b) The appointment furthers the persons possession, custody, control or disposition of property subject to the receivership in the other state.
2. The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
3. Unless the court orders otherwise, an ancillary receiver appointed under subsection 1 has the rights, powers and duties of a receiver appointed under sections 2 to 50, inclusive, of this act.
Sec. 48. 1. A request by a mortgagee for the appointment of a receiver, the appointment of a receiver or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(a) Make the mortgagee a mortgagee in possession of the real property;
(b) Make the mortgagee an agent of the owner;
(c) Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(d) Make the secured obligation unenforceable;
(e) Limit any right available to the mortgagee with respect to the secured obligation;
κ2017 Statutes of Nevada, Page 1234 (CHAPTER 232, AB 235)κ
(f) Constitute an action within the meaning of subsection 1 of NRS 40.430; or
(g) Except as otherwise provided in subsection 2, bar a deficiency judgment pursuant to law of this State other than sections 2 to 50, inclusive, of this act governing or relating to a deficiency judgment.
2. If a receiver sells receivership property that pursuant to subsection 2 of section 39 of this act is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of this State other than sections 2 to 50, inclusive, of this act relating to a deficiency judgment.
Sec. 49. In applying and construing the Uniform Commercial Real Estate Receivership Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 50. Sections 2 to 50, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).
Sec. 51. This act does not apply to a receivership for which the receiver was appointed before October 1, 2017.
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Assembly Bill No. 254Assemblymen Yeager and Sprinkle
CHAPTER 233
[Approved: May 31, 2017]
AN ACT relating to guardianships; authorizing a court having jurisdiction of the guardianship of a ward to assume jurisdiction of a trust of which the ward is currently a beneficiary who is receiving or is entitled to receive distributions in certain circumstances; revising provisions relating to the filing of a verified inventory by a general or special guardian of the estate; requiring a guardian of the estate to obtain court approval before submitting an irrevocable trust to the jurisdiction of the court in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a court having jurisdiction of a trust to transfer supervision of the trust to another court, upon petition by a trustee or beneficiary, when the convenience of certain persons makes a transfer desirable. (NRS 164.130) Section 3 of this bill additionally authorizes such a court to transfer supervision of the trust to a district court having jurisdiction of the guardianship of a ward who is currently a beneficiary of the trust and is receiving or is entitled to receive distributions.
Existing law requires a general or special guardian of the estate to make and file in a guardianship proceeding, not later than 60 days after the date of his or her appointment, a verified inventory of all of the property of a ward which comes to the possession or knowledge of the guardian. (NRS 159.085) Section 2 of this bill specifies that such an inventory must include the existence of any trust of which the ward is currently a beneficiary who is receiving or is entitled to receive distributions.
κ2017 Statutes of Nevada, Page 1235 (CHAPTER 233, AB 254)κ
specifies that such an inventory must include the existence of any trust of which the ward is currently a beneficiary who is receiving or is entitled to receive distributions. Section 1 of this bill provides that if such an inventory includes the existence of such a trust, the trustee must be served with a copy of the inventory. Section 1 authorizes the guardian or attorney of the ward to demand a copy of the trust and an accounting of the assets of the trust from the trustee. If the trustee fails to comply with the demand within a certain period, section 1 authorizes the guardian or attorney of the ward to petition the court to assume jurisdiction of the trust. Section 1 authorizes the court to assume jurisdiction of the trust if: (1) no objection to the court assuming jurisdiction of the trust is filed; or (2) the court does not find good cause as to why it should not assume jurisdiction of the trust. Section 1 further requires the trustee to file a copy of the trust and an accounting of the assets of the trust with the court not later than 30 days after the court assumes jurisdiction of the trust or supervision of the trust is transferred pursuant to section 3.
Existing law requires a guardian of the estate to petition the court for an order authorizing the guardian to submit a revocable trust to the jurisdiction of the court in certain circumstances. (NRS 159.113) Section 2.5 of this bill additionally requires a guardian of the estate to petition the court for an order authorizing the guardian to submit an irrevocable trust to the jurisdiction of the court in such 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 159 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the inventory filed pursuant to NRS 159.085 includes the existence of a trust of which the ward is currently a beneficiary who is receiving or is entitled to receive distributions, the trustee must be served with a copy of the inventory for the purpose of alerting the trustee that the court may assume jurisdiction of the trust pursuant to this section or that supervision of the trust may be transferred to the court pursuant to NRS 164.130.
2. The guardian of the ward or attorney of the ward may demand a copy of the trust and an accounting of the assets of the trust from the trustee. Such a demand must be served on the trustee and all parties and include notice that failure to comply with the demand may result in the court assuming jurisdiction of the trust.
3. If the trustee fails to comply with the demand made pursuant to subsection 2 within 30 days after being served with the demand, the guardian of the ward or attorney of the ward may petition the court to assume jurisdiction of the trust. Such a petition must be served on the trustee and all parties.
4. Not later than 30 days after being served with a petition pursuant to subsection 3, the trustee may object to the court assuming jurisdiction of the trust. Except as otherwise provided in subsection 3 of NRS 164.045, if no objection is filed or if the court does not find good cause as to why it should not assume jurisdiction of the trust, the court may assume jurisdiction of the trust.
5. Not later than 30 days after the court assumes jurisdiction of the trust pursuant to this section or supervision of the trust is transferred to the court pursuant to NRS 164.130, the trustee shall file a copy of the trust and an accounting of the assets of the trust with the court.
κ2017 Statutes of Nevada, Page 1236 (CHAPTER 233, AB 254)κ
6. The provisions of chapters 162 to 167, inclusive, of NRS apply to a trust of which a court has jurisdiction.
Sec. 2. NRS 159.085 is hereby amended to read as follows:
159.085 1. Not later than 60 days after the date of the appointment of a general or special guardian of the estate or, if necessary, such further time as the court may allow, the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the ward which comes to the possession or knowledge of the guardian [.] , including, without limitation, the existence of any trust of which the ward is currently a beneficiary who is receiving or is entitled to receive distributions.
2. A temporary guardian of the estate who is not appointed as the general or special guardian shall file an inventory with the court by not later than the date on which the temporary guardian files a final accounting as required pursuant to NRS 159.177.
3. The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:
(a) All of the estate of the ward which has come into the possession of the guardian;
(b) All of the money that belongs to the ward; and
(c) All of the just claims of the ward against the guardian.
4. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, the guardian shall:
(a) Make and file in the proceeding a verified supplemental inventory not later than 30 days after the date the property comes to the possession or knowledge of the guardian; or
(b) Include the property in the next accounting.
5. The court may order which of the two methods described in subsection 4 the guardian shall follow.
6. The court may order all or any part of the property of the ward appraised as provided in NRS 159.0865 and 159.305.
7. If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for good cause shown and upon such notice as the court deems appropriate:
(a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian; or
(b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.
Sec. 2.5. NRS 159.113 is hereby amended to read as follows:
159.113 1. Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to:
(a) Invest the property of the ward pursuant to NRS 159.117.
(b) Continue the business of the ward pursuant to NRS 159.119.
(c) Borrow money for the ward pursuant to NRS 159.121.
(d) Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward pursuant to NRS 159.123.
(e) Make gifts from the wards estate or make expenditures for the wards relatives pursuant to NRS 159.125.
κ2017 Statutes of Nevada, Page 1237 (CHAPTER 233, AB 254)κ
(f) Sell, lease or place in trust any property of the ward pursuant to NRS 159.127.
(g) Exchange or partition the wards property pursuant to NRS 159.175.
(h) Release the power of the ward as trustee, personal representative or custodian for a minor or guardian.
(i) Exercise or release the power of the ward as a donee of a power of appointment.
(j) Exercise the right of the ward to take under or against a will.
(k) Transfer to a trust created by the ward any property unintentionally omitted from the trust.
(l) Submit a revocable trust or an irrevocable trust to the jurisdiction of the court if:
(1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or
(2) The trust was created by the court.
(m) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the ward.
(n) Transfer money in a minor wards blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140.
2. Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:
(a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the wards property.
(b) Take any other action which the guardian deems would be in the best interests of the ward.
3. The petition must be signed by the guardian and contain:
(a) The name, age, residence and address of the ward.
(b) A concise statement as to the condition of the wards estate.
(c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.
(d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.
4. Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.
5. A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward or complete contracts of the ward.
Sec. 3. NRS 164.130 is hereby amended to read as follows:
164.130 Upon petition by any trustee or beneficiary, a court having jurisdiction of a trust may transfer supervision of the trust to [any] :
1. Any district court within the State, or to any court outside Nevada which accepts jurisdiction over the trust, when the convenience of beneficiaries, trustees, attorneys or other interested persons makes a transfer desirable.
κ2017 Statutes of Nevada, Page 1238 (CHAPTER 233, AB 254)κ
2. A district court within this State having jurisdiction of the guardianship of a ward who is currently a beneficiary of the trust and is receiving or is entitled to receive distributions, if the district court has not assumed jurisdiction pursuant to section 1 of this act.
________
Assembly Bill No. 411Committee on Judiciary
CHAPTER 234
[Approved: May 31, 2017]
AN ACT relating to juvenile justice; revising provisions governing employment with a department of juvenile justice services; authorizing a department of juvenile justice services to terminate the employment of certain persons after providing the employee reasonable time to correct information or resolve certain pending charges; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of county commissioners of a county whose population is 700,000 or more (currently Clark County) to establish by ordinance a department of juvenile justice services to administer certain provisions of existing law relating to juvenile delinquency and the abuse and neglect of children. (NRS 62G.200-62G.240) If the board of county commissioners of such a county has not established a department of juvenile justice services, the juvenile court must establish by court order a probation committee and must appoint a director of the department of juvenile justice services to administer certain functions of the juvenile court. (NRS 62G.300-62G.370)
Existing law requires a department of juvenile justice services to obtain a background investigation of applicants for employment with, and employees of, the department. Existing law also requires a department to obtain a background investigation of each employee of the department at least once every 5 years after the initial investigation. (NRS 62G.223, 62G.353) Existing law authorizes a department of juvenile justice services to deny employment to an applicant, or terminate the employment of an employee, against whom certain criminal charges are pending. Further, existing law requires a department of juvenile justice services to deny employment to an applicant or terminate the employment of an employee who has been convicted of certain crimes. (NRS 62G.225, 62G.355) This bill amends existing law by authorizing, rather than requiring, a department of juvenile justice services to terminate the employment of an employee if the employee: (1) has been convicted of certain crimes; or (2) certain criminal charges are pending against the employee. Before terminating the employee, the department of juvenile justice services is required to allow the employee a reasonable amount of time to: (1) correct information obtained from the background investigation; or (2) resolve certain pending charges against the employee.
κ2017 Statutes of Nevada, Page 1239 (CHAPTER 234, AB 411)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 62G.225 is hereby amended to read as follows:
62G.225 1. If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:
(a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services [may] :
(1) May deny employment to the applicant [or terminate the employment of the employee] after allowing the applicant [or employee] time to correct the information as required pursuant to subsection 2 ; [or 3, whichever is applicable;] or
(2) May terminate the employee after allowing the employee time to correct the information as required pursuant to subsection 2 or 3, or resolve the pending charges pursuant to subsection 4, whichever is applicable; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.223, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an [applicant for employment or an] employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 is incorrect, the [applicant or] employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the [applicant or] employee a reasonable amount of time of not less than 60 days to correct the information.
κ2017 Statutes of Nevada, Page 1240 (CHAPTER 234, AB 411)κ
4. If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services shall allow the employee a reasonable time of not more than 180 days to resolve the pending charges against the employee. Upon request and good cause shown, the department of juvenile justice services may allow the employee additional time to resolve the pending charges against the employee.
5. During the period in which an [applicant or] employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, the [applicant or] employee:
(a) Shall not have contact with a child or a relative or guardian of a child in the course of performing any duties as an employee of the department of juvenile justice services.
(b) May be placed on leave without pay.
[5.] 6. The provisions of subsection [4] 5 are not disciplinary in nature and must not be construed as preventing the department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3 [.
6.] , or resolve pending charges against the employee pursuant to subsection 4.
7. A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.
Sec. 2. NRS 62G.355 is hereby amended to read as follows:
62G.355 1. If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.353, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.353 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:
(a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, the department of juvenile justice services [may] :
(1) May deny employment to the applicant [or terminate the employment of the employee] after allowing the applicant [or employee] time to correct the information as required pursuant to subsection 2 ; [or 3, whichever is applicable;] or
(2) May terminate the employee after allowing the employee time to correct the information as required pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, whichever is applicable; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.353, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
κ2017 Statutes of Nevada, Page 1241 (CHAPTER 234, AB 411)κ
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.353 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an [applicant for employment or an] employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.353 is incorrect, the [applicant or] employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the [applicant or] employee a reasonable amount of time of not less than 60 days to correct the information.
4. If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, the department of juvenile justice services shall allow the employee a reasonable amount of time of not more than 180 days to resolve the pending charges against the employee. Upon request from the employee and good cause shown, the department of juvenile justice services may allow the employee additional time to resolve the pending charges against the employee.
5. During the period in which an [applicant or] employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, the applicant or employee:
(a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the department of juvenile justice services.
(b) May be placed on leave without pay.
[5.] 6. The provisions of subsection [4] 5 are not disciplinary in nature and must not be construed as preventing a department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3 [.
6.] , or resolve pending charges against the employee pursuant to subsection 4.
7. A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.360.
Sec. 3. (Deleted by amendment.)
________
κ2017 Statutes of Nevada, Page 1242κ
Assembly Bill No. 412Committee on Judiciary
CHAPTER 235
[Approved: May 31, 2017]
AN ACT relating to procedure in criminal cases; requiring the joinder of certain misdemeanors with certain felonies or gross misdemeanors; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that municipal courts have jurisdiction over all misdemeanors committed in violation of the ordinances of their respective cities. (NRS 5.050) Existing law also provides that an indictment or information which is filed with a district court may include charges of two or more related felonies and gross misdemeanors. (NRS 173.115; State v. Kopp, 118 Nev. 199 (2002)) This bill requires that certain misdemeanors which would otherwise be under the jurisdiction of municipal courts must be joined with related felonies and gross misdemeanors in the district courts. This bill also provides that a charge for any such misdemeanor which is erroneously included in a criminal complaint that is filed in a municipal court shall be deemed to be void ab initio and must be stricken.
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 173.115 is hereby amended to read as follows:
173.115 1. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or gross misdemeanors or both, are:
[1.] (a) Based on the same act or transaction; or
[2.] (b) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
2. Except as otherwise provided in subsection 3, a misdemeanor which was committed within the boundaries of a city and which would otherwise be within the jurisdiction of the municipal court must be charged in the same criminal complaint as a felony or gross misdemeanor or both if the misdemeanor is based on the same act or transaction as the felony or gross misdemeanor. A charge of a misdemeanor which meets the requirements of this subsection and which is erroneously included in a criminal complaint that is filed in the municipal court shall be deemed to be void ab initio and must be stricken.
3. The provisions of subsection 2 do not apply:
(a) To a misdemeanor based solely upon an alleged violation of a municipal ordinance.
(b) If an indictment is brought or an information is filed in the district court for a felony or gross misdemeanor or both after the convening of a grand jury.
Sec. 2. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
κ2017 Statutes of Nevada, Page 1243 (CHAPTER 235, AB 412)κ
(a) For the violation of any ordinance of their respective cities.
(b) To prevent or abate a nuisance within the limits of their respective cities.
2. [The] Except as otherwise provided in subsection 2 of NRS 173.115, the municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or 176A.280.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $2,500.
(f) Actions seeking an order pursuant to NRS 441A.195.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
Sec. 3. The amendatory provisions of this act apply to a charge that is filed on or after October 1, 2017.
________
κ2017 Statutes of Nevada, Page 1244κ
Assembly Bill No. 444Assemblyman Ohrenschall
CHAPTER 236
[Approved: May 31, 2017]
AN ACT relating to search warrants; setting forth certain requirements relating to the search of the property of an attorney; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the grounds upon which a search warrant may be issued by a magistrate of this State. (NRS 179.025, 179.035) Section 3 of this bill sets forth additional grounds upon which a search warrant may be issued to search and seize the property of an attorney. Section 4 of this bill: (1) requires such a search warrant to be executed in a manner that minimizes the scrutiny of the property that is subject to the attorney-client privilege; and (2) authorizes a team of certain officers and attorneys to review property during the search to determine whether the property is covered by the search warrant. Section 5 of this bill requires a district attorney or the Attorney General to ensure that any property seized during a search conducted pursuant to such a search warrant is: (1) reviewed to determine whether the attorney-client privilege applies; and (2) returned to the attorney from whom the property was seized if the seized property is subject to the attorney-client privilege.
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 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, property has the meaning ascribed to it in NRS 179.015.
Sec. 3. 1. A search warrant may be issued by a magistrate of the State of Nevada to search for and seize any property of an attorney engaged in the practice of law if:
(a) Such a search warrant is authorized pursuant to NRS 179.015 to 179.115, inclusive;
(b) The property to be seized cannot be obtained using a subpoena or other less intrusive means;
(c) The search warrant describes the property to be seized as specifically as possible to minimize, to the extent possible, the search and review of property that is subject to the attorney-client privilege; and
(d) The search warrant includes a statement indicating that it is the intention of the district attorney or the Attorney General that the search warrant is executed in a manner to ensure that an attorney-client privilege is not violated.
κ2017 Statutes of Nevada, Page 1245 (CHAPTER 236, AB 444)κ
2. In determining whether a subpoena or other less intrusive means can be used to obtain the property to be seized pursuant to the search warrant, the magistrate shall consider whether the use of a subpoena or other less intrusive means of obtaining the property would likely:
(a) Compromise the criminal investigation or prosecution;
(b) Result in the obstruction or destruction of evidence; or
(c) Otherwise be ineffective.
Sec. 4. 1. A search warrant authorized pursuant to section 3 of this act must be executed in such a manner as to minimize, to the greatest extent possible, the scrutiny of any property that is subject to the attorney-client privilege.
2. Property which is arguably subject to the attorney-client privilege may be reviewed during a search conducted pursuant to a search warrant issued pursuant to section 3 of this act to determine whether the property is covered by the search warrant if:
(a) The property is reviewed by a team of officers and attorneys who are designated by the district attorney or the Attorney General and who are not part of the underlying criminal investigation or prosecution;
(b) The attorneys designated to the team described in paragraph (a) do not participate in the search itself; and
(c) The team of officers and attorneys described in paragraph (a) do not disclose any privileged information obtained through the search to the officers and attorneys who are part of the underlying criminal investigation or prosecution.
Sec. 5. A district attorney or the Attorney General shall ensure that any property seized during a search conducted under a search warrant issued pursuant to section 3 of this act is reviewed to determine whether the attorney-client privilege applies and that any seized property that is subject to the attorney-client privilege is returned as provided in NRS 179.105 to the attorney from whom the property was seized.
Sec. 6. NRS 179.105 is hereby amended to read as follows:
179.105 All property or things taken on a warrant must be retained in an officers custody, subject to the order of the court to which the officer is required to return the proceedings before the officer, or of any other court in which the offense in respect to which the property or things are taken is triable. If it appears that the property taken is not the same as that described in the warrant, [or] that there is no probable cause for believing the existence of the grounds on which the warrant was issued [,] or that the property is determined pursuant to section 5 of this act to be subject to the attorney-client privilege, the magistrate shall cause it to be restored to the person from whom it was taken. However, no search warrant shall be quashed by any magistrate or judge within this State nor shall any evidence based upon a search warrant be suppressed in any criminal action or proceeding because of mere technical irregularities which do not affect the substantial rights of the accused.
________
κ2017 Statutes of Nevada, Page 1246κ
Assembly Bill No. 453Assemblyman Yeager
CHAPTER 237
[Approved: May 31, 2017]
AN ACT relating to criminal procedure; establishing the procedure for a written conditional plea agreement; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the types of pleas and the procedure for entering pleas in criminal proceedings. (NRS 174.035) This bill establishes the procedure for a defendant and the district attorney to enter into a written conditional plea agreement.
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 174.035 is hereby amended to read as follows:
174.035 1. A defendant may plead not guilty, guilty, guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty or guilty but mentally ill.
2. If a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement must be in substantially the form prescribed in NRS 174.063. If a plea of guilty or guilty but mentally ill is made orally, the court shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.
3. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty, guilty but mentally ill or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
4. Upon an unconditional waiver of a preliminary hearing, a defendant and the district attorney may enter into a written conditional plea agreement, subject to the court accepting the recommended sentence pursuant to the agreement.
5. A plea of guilty but mentally ill must be entered not less than 21 days before the date set for trial. A defendant who has entered a plea of guilty but mentally ill has the burden of establishing the defendants mental illness by a preponderance of the evidence. Except as otherwise provided by specific statute, a defendant who enters such a plea is subject to the same criminal, civil and administrative penalties and procedures as a defendant who pleads guilty.
[5.] 6. The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A plea of not guilty by reason of insanity must be entered not less than 21 days before the date set for trial. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown.
κ2017 Statutes of Nevada, Page 1247 (CHAPTER 237, AB 453)κ
offer the defense of insanity during trial upon good cause shown. Under such a plea or defense, the burden of proof is upon the defendant to establish by a preponderance of the evidence that:
(a) Due to a disease or defect of the mind, the defendant was in a delusional state at the time of the alleged offense; and
(b) Due to the delusional state, the defendant either did not:
(1) Know or understand the nature and capacity of his or her act; or
(2) Appreciate that his or her conduct was wrong, meaning not authorized by law.
[6.] 7. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
[7.] 8. A defendant may not enter a plea of guilty or guilty but mentally ill pursuant to a plea bargain for an offense punishable as a felony for which:
(a) Probation is not allowed; or
(b) The maximum prison sentence is more than 10 years,
Κ unless the plea bargain is set forth in writing and signed by the defendant, the defendants attorney, if the defendant is represented by counsel, and the prosecuting attorney.
[8.] 9. If the court accepts a plea of guilty but mentally ill pursuant to this section, the court shall cause, within 5 business days after acceptance of the plea, on a form prescribed by the Department of Public Safety, a record of that plea to be transmitted to the Central Repository for Nevada Records of Criminal History along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
[9.] 10. As used in this section:
(a) Disease or defect of the mind does not include a disease or defect which is caused solely by voluntary intoxication.
(b) National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062.
Sec. 4. NRS 175.533 is hereby amended to read as follows:
175.533 1. During a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if the trier of fact finds all of the following:
(a) The defendant is guilty beyond a reasonable doubt of an offense;
(b) The defendant has established by a preponderance of the evidence that due to a disease or defect of the mind, the defendant was mentally ill at the time of the commission of the offense; and
(c) The defendant has not established by a preponderance of the evidence that the defendant is not guilty by reason of insanity pursuant to subsection [5] 6 of NRS 174.035.
2. Except as otherwise provided by specific statute, a defendant who is found guilty but mentally ill is subject to the same criminal, civil and administrative penalties and procedures as a defendant who is found guilty.
3. If the trier of fact finds a defendant guilty but mentally ill pursuant to subsection 1, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of the finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
κ2017 Statutes of Nevada, Page 1248 (CHAPTER 237, AB 453)κ
4. As used in this section:
(a) Disease or defect of the mind does not include a disease or defect which is caused solely by voluntary intoxication.
(b) National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062.
________
Senate Bill No. 101Senator Hardy
CHAPTER 238
[Approved: May 31, 2017]
AN ACT relating to professions; prohibiting the injection of neuromodulators derived from Clostridium botulinum, neuromodulators that are biosimilar to or the bioequivalent of such neuromodulators and dermal and soft tissue fillers by certain persons and under certain conditions; authorizing the imposition of professional discipline against persons who violate such a prohibition; requiring certain persons to receive training before injecting neuromodulators derived from Clostridium botulinum, neuromodulators that are biosimilar to or the bioequivalent of such neuromodulators or dermal or soft tissue fillers; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a medical assistant who is directed and supervised by a physician or physician assistant or a licensed dental hygienist who is directed and supervised by a dentist to possess and administer dangerous drugs under certain circumstances. (NRS 454.213) Existing law further requires the Board of Medical Examiners to adopt regulations governing the administration of botulinum toxin, commonly known as Botox, by a medical assistant or any person under the jurisdiction of the Board. (NRS 630.138)
This bill: (1) replaces the term botulinum toxin with references to neuromodulators derived from Clostridium botulinum or neuromodulators that are biosimilar to or the bioequivalent of such neuromodulators; and (2) revises provisions governing the injection of such neuromodulators and dermal or soft tissue fillers. Section 2 of this bill removes the requirement for the Board of Medical Examiners to adopt regulations governing the administration of botulinum toxin by a medical assistant. Instead, sections 1 and 1.8 of this bill prohibit: (1) any person other than a physician, physician assistant, dentist, registered nurse, advanced practice registered nurse or podiatric physician from injecting a neuromodulator derived from Clostridium botulinum, a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator or dermal or soft tissue fillers; (2) such persons from delegating such injection to an unauthorized person; and (3) any person from injecting a neuromodulator derived from Clostridium botulinum, a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator or dermal or soft tissue fillers outside his or her scope of practice or in a location other than a medical facility or the office of an authorized medical professional. Sections 1.3, 4 and 6.6 of this bill make conforming changes to clarify that unauthorized medical professionals are prohibited from injecting such neuromodulators and dermal or soft tissue fillers. Sections 3.3 and 7.2 of this bill require the Board of Dental Examiners of Nevada and the State Board of Podiatry, respectively, to prescribe training for dentists and podiatric physicians, as applicable, which must be completed before a dentist or podiatric physician is authorized to inject such neuromodulators or dermal or soft tissue fillers.
κ2017 Statutes of Nevada, Page 1249 (CHAPTER 238, SB 101)κ
podiatric physicians, as applicable, which must be completed before a dentist or podiatric physician is authorized to inject such neuromodulators or dermal or soft tissue fillers.
Existing law generally provides that a violation of the provisions of law governing dangerous drugs is a misdemeanor and grounds for the suspension or revocation of certain professional licenses. (NRS 454.356, 454.361) Existing law further provides that a person who violates a provision of law governing dangerous drugs by using a minor as an agent or who illegally provides a dangerous drug to a minor is guilty of a category B felony. (NRS 454.306) Sections 1.4-1.6 of this bill make these provisions applicable to the unauthorized injection of or delegation of the injection of a neuromodulator derived from Clostridium botulinum or a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator. Section 1.8 of this bill similarly makes the unauthorized injection of or delegation of the injection of dermal or soft tissue fillers a misdemeanor. Sections 3, 6, 6.8, 7, 7.5 and 7.8 of this bill authorize the Board of Medical Examiners, Board of Dental Examiners of Nevada, State Board of Nursing, State Board of Osteopathic Medicine, State Board of Podiatry and State Board of Cosmetology to impose disciplinary action against licensees who violate prohibitions on the unauthorized injection of or delegation of the injection of a neuromodulator derived from Clostridium botulinum or a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator or dermal or soft tissue fillers.
Section 1.2 of this bill updates the definition of the term dangerous drug to reflect the current terminology used in federal regulations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Neuromodulators derived from Clostridium botulinum or that are biosimilar to or the bioequivalent of such neuromodulators are considered dangerous drugs in this State; and
Whereas, Only certain medical professionals are authorized under the law of this State to administer dangerous drugs; and
Whereas, The improper injection of neuromodulators derived from Clostridium botulinum, neuromodulators that are biosimilar to or the bioequivalent of such neuromodulators and dermal and soft tissue fillers can cause significant harmful side effects; and
Whereas, Persons who lack the necessary training or proper credentials are currently not restricted from injecting neuromodulators derived from Clostridium botulinum, neuromodulators that are biosimilar to or the bioequivalent of such neuromodulators and dermal and soft tissue fillers in this State; and
Whereas, To promote the health, safety and welfare of the residents of this State, it is the intent of the Legislature to clearly define the persons who are authorized to inject neuromodulators derived from Clostridium botulinum, neuromodulators that are biosimilar to or the bioequivalent of such neuromodulators and dermal and soft tissue fillers, and the conditions under which such injections may occur; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not inject a neuromodulator that is derived from Clostridium botulinum or is biosimilar to or the bioequivalent of such a neuromodulator:
κ2017 Statutes of Nevada, Page 1250 (CHAPTER 238, SB 101)κ
(a) Unless the person is:
(1) A physician or physician assistant licensed pursuant to chapter 630 of NRS;
(2) A dentist who has successfully completed the training prescribed by the Board of Dental Examiners of Nevada pursuant to section 3.3 of this act;
(3) A registered nurse or advanced practice registered nurse;
(4) A physician or physician assistant licensed pursuant to chapter 633 of NRS; or
(5) A podiatric physician who has successfully completed the training prescribed by the State Board of Podiatry pursuant to section 7.2 of this act.
(b) Outside his or her scope of practice.
(c) At a location other than a medical facility, as defined in NRS 449.0151, or the office of a physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse or podiatric physician.
2. A person who is authorized by subsection 1 to inject a neuromodulator described in that subsection shall not delegate such injection to a person who is prohibited by subsection 1 from injecting such a neuromodulator.
Sec. 1.1. NRS 454.181 is hereby amended to read as follows:
454.181 Definitions of words and terms in NRS 454.00922, 454.191, 454.201 and 454.211 apply only to NRS 454.181 to 454.371, inclusive [.] , and section 1 of this act.
Sec. 1.15. NRS 454.191 is hereby amended to read as follows:
454.191 Administer means the direct application of a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, and section 1 of this act, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject.
Sec. 1.2. NRS 454.201 is hereby amended to read as follows:
454.201 Dangerous drug means any drug, other than a controlled substance, unsafe for self-medication or unsupervised use, and includes the following:
1. Any drug which has been approved by the Food and Drug Administration for general distribution and bears the legend [: Caution: Federal law prohibits dispensing without prescription;] Rx only;
2. Procaine hydrochloride with preservatives and stabilizers (Gerovital H3) in injectable doses and amygdalin (laetrile) which have been licensed by the State Board of Health for manufacture in this State but have not been approved as drugs by the Food and Drug Administration; or
3. Any drug which, pursuant to the Boards regulations, may be sold only by prescription because the Board has found those drugs to be dangerous to public health or safety.
Sec. 1.3. NRS 454.213 is hereby amended to read as follows:
454.213 1. [A] Except as otherwise provided in section 1 of this act, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, and section 1 of this act may be possessed and administered by:
(a) A practitioner.
(b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.
κ2017 Statutes of Nevada, Page 1251 (CHAPTER 238, SB 101)κ
(c) Except as otherwise provided in paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.
(d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:
(1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and
(2) Acting under the direction of the medical director of that agency or facility who works in this State.
(e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this paragraph, designated facility has the meaning ascribed to it in NRS 632.0145.
(f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:
(1) The State Board of Health in a county whose population is less than 100,000;
(2) A county board of health in a county whose population is 100,000 or more; or
(3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.
(g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.
(h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.
(i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.
(j) A medical student or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:
(1) In the presence of a physician or a registered nurse; or
(2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
Κ A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
(k) Any person designated by the head of a correctional institution.
κ2017 Statutes of Nevada, Page 1252 (CHAPTER 238, SB 101)κ
(l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.
(m) A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
(n) A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
(o) A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.
(p) A physical therapist, but only if the drug or medicine is a topical drug which is:
(1) Used for cooling and stretching external tissue during therapeutic treatments; and
(2) Prescribed by a licensed physician for:
(I) Iontophoresis; or
(II) The transmission of drugs through the skin using ultrasound.
(q) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
(r) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.
(s) In accordance with applicable regulations of the Board, a registered pharmacist who:
(1) Is trained in and certified to carry out standards and practices for immunization programs;
(2) Is authorized to administer immunizations pursuant to written protocols from a physician; and
(3) Administers immunizations in compliance with the Standards for Immunization Practices recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(t) A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to NRS 639.2809.
(u) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.
(v) A medical assistant, in accordance with applicable regulations of the:
(1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
κ2017 Statutes of Nevada, Page 1253 (CHAPTER 238, SB 101)κ
(2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
2. As used in this section, accredited college of medicine has the meaning ascribed to it in NRS 453.375.
Sec. 1.4. NRS 454.306 is hereby amended to read as follows:
454.306 A person who violates any provision of NRS 454.181 to 454.371, inclusive, and section 1 of this act by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, or by a fine of not more than $20,000, or by both fine and imprisonment.
Sec. 1.5. NRS 454.356 is hereby amended to read as follows:
454.356 Except as otherwise specifically provided, every person who violates any provision of NRS 454.181 to 454.371, inclusive, and section 1 of this act is guilty of a misdemeanor.
Sec. 1.6. NRS 454.361 is hereby amended to read as follows:
454.361 A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, and section 1 of this act constitutes grounds for the suspension or revocation of any license issued to such person pursuant to the provisions of chapters 630, 631, 633, 635, 636, 638 or 639 of NRS.
Sec. 1.7. NRS 454.366 is hereby amended to read as follows:
454.366 The Board shall administer and enforce NRS 454.181 to 454.371, inclusive [.] , and section 1 of this act.
Sec. 1.8. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not inject dermal or soft tissue fillers:
(a) Unless the person is:
(1) A physician or physician assistant licensed pursuant to chapter 630 of NRS;
(2) A dentist who has successfully completed the training prescribed by the Board of Dental Examiners of Nevada pursuant to section 3.3 of this act;
(3) A registered nurse or advanced practice registered nurse;
(4) A physician or physician assistant licensed pursuant to chapter 633 of NRS; or
(5) A podiatric physician who has successfully completed the training prescribed by the State Board of Podiatry pursuant to section 7.2 of this act.
(b) Outside his or her scope of practice.
(c) At a location other than a medical facility or the office of a physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse or podiatric physician.
2. A person who is authorized by subsection 1 to inject dermal or soft tissue fillers shall not delegate such injection to a person who is prohibited by subsection 1 from injecting dermal or soft tissue fillers.
3. A person who violates any provision of this section is guilty of a misdemeanor.
κ2017 Statutes of Nevada, Page 1254 (CHAPTER 238, SB 101)κ
4. As used in this section, dermal or soft tissue filler means a material that is injected into the skin to fill in wrinkles or into the soft tissue to alter the contour of the soft tissue.
Sec. 1.9. (Deleted by amendment.)
Sec. 2. NRS 630.138 is hereby amended to read as follows:
630.138 The Board [:
1. May] may adopt regulations governing the supervision of a medical assistant, including, without limitation, regulations which prescribe limitations on the possession and administration of a dangerous drug by a medical assistant.
[2. Shall adopt regulations governing the possession and administration of botulinum toxin, commonly known as Botox, by a medical assistant or any other person, including, without limitation:
(a) The qualifications and training required for administration; and
(b) The manner and place of administration.]
Sec. 3. NRS 630.306 is hereby amended to read as follows:
630.306 1. The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
(a) Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
(b) Engaging in any conduct:
(1) Which is intended to deceive;
(2) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or
(3) Which is in violation of a regulation adopted by the State Board of Pharmacy.
(c) Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.
(d) Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
(e) Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which are beyond the scope of his or her training.
(f) Performing, without first obtaining the informed consent of the patient or the patients family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.
(g) Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
(h) Habitual intoxication from alcohol or dependency on controlled substances.
(i) Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
(j) Failing to comply with the requirements of NRS 630.254.
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(k) Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.
(l) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(m) Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
(n) Operation of a medical facility at any time during which:
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
(o) Failure to comply with the requirements of NRS 630.373.
(p) Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.
(q) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or
(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(r) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
(s) Failure to comply with the provisions of NRS 630.3745.
(t) Failure to obtain any training required by the Board pursuant to NRS 630.2535.
(u) Failure to comply with the provisions of section 1 or 1.8 of this act.
2. As used in this section, investigational drug or biological product has the meaning ascribed to it in NRS 454.351.
Sec. 3.3. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall adopt regulations prescribing the training that a dentist must receive before injecting:
(a) A neuromodulator that is derived from Clostridium botulinum;
(b) A neuromodulator that is biosimilar to or the bioequivalent of a neuromodulator described in paragraph (a); or
(c) Dermal or soft tissue fillers.
κ2017 Statutes of Nevada, Page 1256 (CHAPTER 238, SB 101)κ
2. A dentist who has received the training prescribed pursuant to subsection 1 shall present proof of such training upon the request of a patient or any state or local governmental agency or agent thereof.
3. As used in this section dermal or soft tissue filler has the meaning ascribed to it in section 1.8 of this act.
Sec. 4. NRS 631.313 is hereby amended to read as follows:
631.313 1. [A] Except as otherwise provided in sections 1 and 1.8 of this act, a licensed dentist may assign to a person in his or her employ who is a dental hygienist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the Board or by the provisions of this chapter.
2. The performance of these tasks must be:
(a) If performed by a dental assistant or a person, other than a dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.
(b) If performed by a dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed, except as otherwise provided in NRS 631.287.
3. No such assignment is permitted that requires:
(a) The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.
(b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.
(c) The administration of general anesthesia, minimal sedation, moderate sedation or deep sedation except as otherwise authorized by regulations adopted by the Board.
(d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.
4. A dental hygienist may, pursuant to regulations adopted by the Board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 162A.740, if:
(a) The dental hygienist is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and
(b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 631.3475 is hereby amended to read as follows:
631.3475 The following acts, among others, constitute unprofessional conduct:
1. Malpractice;
2. Professional incompetence;
3. Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;
4. More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;
5. Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentists patient;
κ2017 Statutes of Nevada, Page 1257 (CHAPTER 238, SB 101)κ
6. Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or
(c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;
7. Failure to comply with the provisions of section 1 or 1.8 of this act;
8. Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;
[8.] 9. Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;
[9.] 10. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
[10.] 11. Failure to comply with the provisions of NRS 453.163 or 453.164;
[11.] 12. Failure to obtain any training required by the Board pursuant to NRS 631.344; or
[12.] 13. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
Sec. 6.2. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 6.3 and 6.4 of this act.
Sec. 6.3. Dermal or soft tissue filler has the meaning ascribed to it in section 1.8 of this act.
Sec. 6.4. (Deleted by amendment.)
Sec. 6.5. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.0195, inclusive, and section 6.3 of this act have the meanings ascribed to them in those sections.
Sec. 6.6. NRS 632.294 is hereby amended to read as follows:
632.294 1. A medication aide - certified may only administer authorized medications and perform related tasks at a designated facility under the supervision of an advanced practice registered nurse or a registered nurse and in accordance with standard protocols developed by the Board.
2. Except as otherwise provided by subsection 4, a medication aide - certified may only administer authorized medications by the following methods:
(a) Orally;
(b) Topically;
(c) By the use of drops in the eye, ear or nose;
κ2017 Statutes of Nevada, Page 1258 (CHAPTER 238, SB 101)κ
(d) Vaginally;
(e) Rectally;
(f) Transdermally; and
(g) By the use of an oral inhaler.
3. Except as otherwise provided by subsection 4, a medication aide - certified shall not:
(a) Receive, have access to or administer any controlled substance;
(b) Administer parenteral or enteral medications;
(c) Administer any substances by nasogastric or gastronomy tubes;
(d) Calculate drug dosages;
(e) Destroy medication;
(f) Receive orders, either in writing or verbally, for new or changed medication;
(g) Transcribe orders from medical records;
(h) Order or administer initial medications;
(i) Evaluate reports of medication errors;
(j) Perform treatments;
(k) Conduct patient assessments or evaluations;
(l) Engage in teaching activities for patients; [or]
(m) Inject a neuromodulator that is derived from Clostridium botulinum or a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator;
(n) Inject a dermal or soft tissue filler; or
(o) Engage in any activity prohibited pursuant to subsection 4.
4. [The] Except as otherwise provided in this subsection, the Board may adopt regulations authorizing or prohibiting any additional activities of a medication aide - certified. The Board shall not adopt regulations authorizing a medication aide - certified to perform the tasks described in paragraph (m) or (n) of subsection 3.
5. As used in this section, supervision means active oversight of the patient care services provided by a medication aide - certified while on the premises of a designated facility.
Sec. 6.8. NRS 632.347 is hereby amended to read as follows:
632.347 1. The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,
Κ in which case the record of conviction is conclusive evidence thereof.
(c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.
κ2017 Statutes of Nevada, Page 1259 (CHAPTER 238, SB 101)κ
(f) Is a person with mental incompetence.
(g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:
(1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
(3) Impersonating another licensed practitioner or holder of a certificate.
(4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.
(5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
(6) Physical, verbal or psychological abuse of a patient.
(7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
(i) Is guilty of aiding or abetting any person in a violation of this chapter.
(j) Has falsified an entry on a patients medical chart concerning a controlled substance.
(k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.
(l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or
(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.
(n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(o) Has willfully failed to comply with a regulation, subpoena or order of the Board.
(p) Has operated a medical facility at any time during which:
κ2017 Statutes of Nevada, Page 1260 (CHAPTER 238, SB 101)κ
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
(q) Has violated the provisions of section 1 or 1.8 of this act.
(r) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.
[(r)] (s) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163 or 453.164.
2. For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.
3. A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.
4. As used in this section, investigational drug or biological product has the meaning ascribed to it in NRS 454.351.
Sec. 6.9. (Deleted by amendment.)
Sec. 7. NRS 633.511 is hereby amended to read as follows:
633.511 1. The grounds for initiating disciplinary action pursuant to this chapter are:
(a) Unprofessional conduct.
(b) Conviction of:
(1) 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;
(2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;
(3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(4) Murder, voluntary manslaughter or mayhem;
(5) Any felony involving the use of a firearm or other deadly weapon;
(6) Assault with intent to kill or to commit sexual assault or mayhem;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(8) Abuse or neglect of a child or contributory delinquency; or
(9) Any offense involving moral turpitude.
(c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.
(d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.
(e) Professional incompetence.
(f) Failure to comply with the requirements of NRS 633.527.
(g) Failure to comply with the requirements of subsection 3 of NRS 633.471.
(h) Failure to comply with the provisions of NRS 633.694.
(i) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
κ2017 Statutes of Nevada, Page 1261 (CHAPTER 238, SB 101)κ
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
(j) Failure to comply with the provisions of subsection 2 of NRS 633.322.
(k) Signing a blank prescription form.
(l) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or
(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
(n) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(p) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
(q) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.
(s) Failure to comply with the provisions of NRS 629.515.
(t) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
(u) Failure to obtain any training required by the Board pursuant to NRS 633.473.
(v) Failure to comply with the provisions of NRS 633.6955.
(w) Failure to comply with the provisions of NRS 453.163 or 453.164.
(x) Failure to comply with the provisions of section 1 or 1.8 of this act.
2. As used in this section, investigational drug or biological product has the meaning ascribed to it in NRS 454.351.
κ2017 Statutes of Nevada, Page 1262 (CHAPTER 238, SB 101)κ
Sec. 7.2. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall adopt regulations prescribing the training that a podiatric physician must receive before injecting:
(a) A neuromodulator that is derived from Clostridium botulinum;
(b) A neuromodulator that is biosimilar to or the bioequivalent of a neuromodulator described in paragraph (a); or
(c) Dermal or soft tissue fillers.
2. A podiatric physician who has received the training prescribed pursuant to subsection 1 shall present proof of such training upon the request of a patient or any state or local governmental agency or agent thereof.
3. As used in this section dermal or soft tissue filler has the meaning ascribed to it in section 1.8 of this act.
Sec. 7.5. NRS 635.130 is hereby amended to read as follows:
635.130 1. The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:
(a) Deny an application for a license or refuse to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $5,000.
2. The Board may take disciplinary action against a licensee for any of the following causes:
(a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.
(b) Lending the use of the holders name to an unlicensed person.
(c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.
(d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.
(e) Conviction of a crime involving moral turpitude.
(f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.
(h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.
(i) Gross incompetency.
(j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.
(k) False representation by or on behalf of the licensee regarding his or her practice.
(l) Unethical or unprofessional conduct.
(m) Failure to comply with the requirements of subsection 1 of NRS 635.118.
(n) Willful or repeated violations of this chapter or regulations adopted by the Board.
κ2017 Statutes of Nevada, Page 1263 (CHAPTER 238, SB 101)κ
(o) Willful violation of the regulations adopted by the State Board of Pharmacy.
(p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.
(q) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
(r) Failure to obtain any training required by the Board pursuant to NRS 635.116.
(s) Failure to comply with the provisions of NRS 453.163 and 453.164.
(t) Failure to comply with the provisions of section 1 or 1.8 of this act.
Sec. 7.8. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the Board:
(a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed or registered, as applicable, aesthetician, cosmetologist, hair designer, shampoo technologist, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics, makeup artist or school of cosmetology to comply with the requirements of this chapter or the applicable regulations adopted by the Board.
(b) Failure of a cosmetologists apprentice, electrologists apprentice, aestheticians apprentice, hair designers apprentice or nail technologists apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.
(c) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.
(d) Gross malpractice.
(e) Continued practice by a person knowingly having an infectious or contagious disease.
(f) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(g) Advertising in violation of any of the provisions of NRS 644.422 or 644.478.
(h) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(i) Failure to display the license or a duplicate of the license as provided in NRS 644.290, 644.360, 644.3774 and 644.410.
κ2017 Statutes of Nevada, Page 1264 (CHAPTER 238, SB 101)κ
(j) Failure to display the certificate of registration or a duplicate of the certificate of registration as provided in NRS 644.2175.
(k) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(l) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
(m) Failure to comply with the provisions of section 1 or 1.8 of this act.
(n) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.
2. If the Board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license or certificate of registration;
(b) Revoke or suspend a license or certificate of registration;
(c) Place the licensee or holder of a certificate of registration on probation for a specified period;
(d) Impose a fine not to exceed $2,000; or
(e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 8. This act becomes effective on July 1, 2017.
________
Senate Bill No. 145Senator Spearman
CHAPTER 239
[Approved: May 31, 2017]
AN ACT relating to energy; establishing as part of the Solar Energy Systems Incentive Program a program for the payment of incentives for the installation of certain energy storage systems; creating the Electric Vehicle Infrastructure Demonstration Program; revising provisions relating to the payment of incentives to participants in the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program; repealing provisions requiring each electric utility to create a Lower Income Solar Energy Pilot Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program. Existing law further establishes the amount of incentives that may be authorized for payment by the Public Utilities Commission of Nevada to each Program. (NRS 701B.005, 701B.010-701B.290, 701B.400-701B.650, 701B.700-701B.880) Section 1.5 of this bill combines the amount of existing incentives available for payment to each Program into a single pool of money from which the Commission may authorize the payment of an incentive to a Program. Section 1.5 further requires the Commission, for the period beginning on January 1, 2018, and ending on December 31, 2023, to authorize the payment of incentives in an amount of not more than $1,000,000 per year for the installation of solar energy systems and distributed generation systems at locations throughout the service territories of electric utilities in this State that benefit low-income customers.
κ2017 Statutes of Nevada, Page 1265 (CHAPTER 239, SB 145)κ
systems and distributed generation systems at locations throughout the service territories of electric utilities in this State that benefit low-income customers. Section 11 of this bill repeals the provisions of existing law that require each electric utility in this State to create a Lower Income Solar Energy Pilot Program, which are duplicative of the amendatory provisions of section 1.5.
Sections 1.2 and 1.3 of this bill require the Commission to establish, as part of the Solar Energy Systems Incentive Program, incentives for: (1) the installation of energy storage systems by a customer of an electric utility; and (2) the installation of energy storage systems that have a nameplate capacity of at least 100 kilowatts but not more than 1,000 kilowatts by certain customers of an electric utility.
Section 1.4 of this bill: (1) creates the Electric Vehicle Infrastructure Demonstration Program; (2) requires the Commission to adopt regulations concerning the Program; and (3) authorizes each utility to recover the costs of carrying out the Program.
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 701B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.4, inclusive, of this act.
Sec. 1.1. Energy storage system means commercially available technology that is capable of retaining energy, storing energy for a period of time and delivering the energy after storage, including, without limitation, by chemical, thermal or mechanical means.
Sec. 1.2. 1. The Commission shall adopt regulations to establish as part of the Solar Program a program for the payment of incentives for the installation of energy storage systems by customers of a utility. The regulations must include, without limitation, regulations that:
(a) Establish a process to set and periodically review the level of incentives available to customers of a utility.
(b) Require that each energy storage system for which an incentive is awarded pursuant to this section provides a minimum level of benefit to customers of the utility, including, without limitation:
(1) Reducing peak demand for electricity;
(2) Avoiding or deferring investment by the utility in assets for the generation, transmission or distribution of electricity; or
(3) Improving the reliability of the operation of the transmission or distribution grid.
(c) Determine the allocation of incentives among customers in the following categories:
(1) Residential and small commercial;
(2) New construction;
(3) Public entities; and
(4) Any other category determined by the Commission.
(d) Establish the:
(1) Qualifications and requirements an applicant must meet to be eligible to be awarded an incentive pursuant to this section;
(2) Form and content of the application for an incentive pursuant to this section;
(3) Process for accepting and approving applications, which must provide that applications are approved based on the order in which complete applications are submitted and not on a lottery process; and
κ2017 Statutes of Nevada, Page 1266 (CHAPTER 239, SB 145)κ
(4) Requirements an applicant must meet to receive the payment of an incentive from the utility, including, without limitation, the form and content of a form to claim the incentive that must be submitted by the applicant.
(e) Require a utility to include in its annual plan submitted pursuant to NRS 701B.230 information concerning the incentives available pursuant to this section.
2. To be eligible to receive an incentive pursuant to this section, a person must:
(a) Be a customer of a utility;
(b) Be a property owner, a participant or a person who has installed on the property of the person a solar energy system or energy storage system; and
(c) Submit an application to a utility and be selected by the utility for inclusion in the Solar Program and the award of an incentive pursuant to this section.
3. A utility shall review each application submitted pursuant to subsection 2 to ensure that the applicant meets the qualifications and requirements to be eligible to be awarded an incentive pursuant to this section.
4. The Commission shall not authorize the payment of an incentive pursuant to this section as part of the Solar Program if the payment of the incentive would cause the total amount of incentives paid by all utilities pursuant to this section to exceed $5,000,000.
5. As used in this section, residential or small commercial customer of a utility means an existing residential or small commercial customer of a utility or a prospective residential or small commercial customer of a utility that affirms it will become an actual customer of the utility within 12 months after the date on which the application is filed.
Sec. 1.3. 1. The Commission shall adopt regulations to establish as part of the Solar Program a program for the payment of incentives for the installation of energy storage systems that have a nameplate capacity of at least 100 kilowatts but not more than 1,000 kilowatts. The regulations must include, without limitation, regulations that:
(a) Establish the type and level of incentives available to a person who installs an energy storage system that has a nameplate capacity of at least 100 kilowatts but not more than 1,000 kilowatts. The Commission shall establish a level of incentives that, to the extent possible, ensures that the benefits of the energy storage system exceed the costs of the energy storage system to a customer of a utility.
(b) Require that each energy storage system for which an incentive is awarded pursuant to this section provides a minimum level of benefit to customers of the utility, including, without limitation:
(1) Reducing peak demand for electricity;
(2) Avoiding or deferring investment by the utility in assets for the generation, transmission or distribution of electricity; or
(3) Improving the reliability of the operation of the transmission or distribution grid.
(c) Establish a collaborative process for a utility to select persons to participate in the program and receive an incentive pursuant to this section.
κ2017 Statutes of Nevada, Page 1267 (CHAPTER 239, SB 145)κ
2. To be eligible to receive an incentive pursuant to this section, a person must:
(a) Be a property owner, a participant or a person who has installed on the property of the person a solar energy system;
(b) Install an energy storage system that has a nameplate capacity of at least 100 kilowatts but not more than 1,000 kilowatts; and
(c) Be selected by the utility for inclusion in the Solar Program and the award of an incentive pursuant to this section.
3. In collaboration with interested parties, a utility shall identify customers of the utility who have the potential to satisfy the requirements for an incentive pursuant to this section and locations on the utilitys system at which energy storage systems that would qualify for an incentive pursuant to this section have the potential to be installed.
4. The Commission shall not authorize the payment of an incentive pursuant to this section as part of the Solar Program if the payment of the incentive would cause the total amount of incentives paid by all utilities pursuant to this section to exceed $5,000,000.
Sec. 1.4. 1. The Legislature hereby finds and declares that it is the policy of this State to expand and accelerate the deployment of electric vehicles and supporting infrastructure throughout this State.
2. The Electric Vehicle Infrastructure Demonstration Program is hereby created.
3. The Commission shall adopt regulations to carry out the provisions of the Electric Vehicle Infrastructure Demonstration Program, including, without limitation, regulations that require a utility to submit to the Commission an annual plan for carrying out the Program in its service area. The annual plan submitted by a utility may include any measure to promote or incentivize the deployment of electric vehicle infrastructure, including, without limitation:
(a) The payment of an incentive to a customer of the utility that installs or provides electric vehicle infrastructure;
(b) Qualifications and requirements an applicant must meet to be eligible to be awarded an incentive;
(c) The imposition of a rate by the utility to require the purchase of electric service for the charging of an electric vehicle at a rate which is based on the time of day, day of the week or time of year during which the electricity is used, or which otherwise varies based upon the time during which the electricity is used, if a customer of the utility participates in the Electric Vehicle Infrastructure Demonstration Program; and
(d) The establishment of programs directed by the utility to promote electric vehicle infrastructure, including, without limitation, education and awareness programs for customers of the utility, programs to provide technical assistance related to the charging of electric vehicles to governmental entities or the owners or operators of large fleets of motor vehicles and programs to create partnerships with private organizations to promote the development of electric vehicle infrastructure.
4. The Commission shall:
(a) Review each annual plan submitted by a utility pursuant to the regulations adopted pursuant to subsection 3 for compliance with the requirements established by the Commission; and
κ2017 Statutes of Nevada, Page 1268 (CHAPTER 239, SB 145)κ
(b) Approve each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Electric Vehicle Infrastructure Demonstration Program.
5. Each utility:
(a) Shall carry out and administer the Electric Vehicle Infrastructure Demonstration Program within its service area in accordance with its annual plan as approved by the Commission pursuant to subsection 4; and
(b) May recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
6. As used in this section:
(a) Electric vehicle means a vehicle powered solely by one or more electric motors.
(b) Electric vehicle infrastructure includes, without limitation, electric vehicles and the charging stations for the recharging of electric vehicles.
Sec. 1.5. NRS 701B.005 is hereby amended to read as follows:
701B.005 1. For the purposes of carrying out the Solar Energy Systems Incentive Program created by NRS 701B.240, and subject to the limitations prescribed by [subsection] subsections 2 [,] and 3, the Public Utilities Commission of Nevada shall set incentive levels and schedules, with a goal of approving solar energy systems totaling at least 250,000 kilowatts of capacity in this State for the period beginning on July 1, 2010, and ending on December 31, 2021.
2. [The] Subject to the limitation prescribed by subsection 3 the Commission [shall not] may authorize the payment of an incentive pursuant to [:
(a) The] the Electric Vehicle Infrastructure Demonstration Program created by section 1.4 of this act, the Solar Energy Systems Incentive Program created by NRS 701B.240, the Wind Energy Systems Demonstration Program created by NRS 701B.580 and the Waterpower Energy Systems Demonstration Program created by NRS 701B.820 if the payment of the incentive would not cause the total amount of incentives paid by all utilities in this State for the installation of electric vehicle infrastructure, solar energy systems , [and] solar distributed generation systems , energy storage systems, wind energy systems and waterpower energy systems to exceed [$255,270,000] $295,270,000 for the period beginning on July 1, 2010, and ending on December 31, 2025.
[(b) The Wind Energy Systems Demonstration Program created by NRS 701B.580 and the Waterpower Energy Systems Demonstration Program created by NRS 701B.820 if the payment of the incentive would cause the total amount of incentives paid by all utilities in this State for the installation of wind energy systems and waterpower energy systems to exceed $40,000,000 for the period beginning on July 1, 2009, and ending on December 31, 2025. The Commission shall by regulation determine the allocation of incentives for each Program.]
3. For the period beginning on January 1, 2018, and ending on December 31, 2023, the Commission shall, from the money allocated for the payment of an incentive pursuant to subsection 2, authorize the payment of incentives in an amount of not more than $1,000,000 per year for the installation of solar energy systems and distributed generation systems at locations throughout the service territories of utilities in this State that benefit low-income customers, including, without limitation, homeless shelters, low-income housing developments and public entities, other than municipalities, that serve significant populations of low-income residents.
κ2017 Statutes of Nevada, Page 1269 (CHAPTER 239, SB 145)κ
systems at locations throughout the service territories of utilities in this State that benefit low-income customers, including, without limitation, homeless shelters, low-income housing developments and public entities, other than municipalities, that serve significant populations of low-income residents.
4. The Commission may, subject to the limitations prescribed by [subsection 2,] subsections 2 and 3, authorize the payment of performance-based incentives for the period ending on December 31, 2025.
[4.] 5. A utility may file with the Commission one combined annual plan which meets the requirements set forth in NRS 701B.230, 701B.610 and 701B.850. The Commission shall review and approve any plan submitted pursuant to this subsection in accordance with the requirements of NRS 701B.230, 701B.610 and 701B.850, as applicable.
[5.] 6. As used in this section:
(a) Distributed generation system has the meaning ascribed to it in NRS 701B.055.
(b) Electric vehicle infrastructure has the meaning ascribed to it in section 1.4 of this act.
(c) Energy storage system has the meaning ascribed to it in section 1.1 of this act.
(d) Municipality means any county or city in this State.
(e) Utility means a public utility that supplies electricity in this State.
Sec. 1.6. NRS 701B.010 is hereby amended to read as follows:
701B.010 The provisions of NRS 701B.010 to 701B.290, inclusive, and sections 1.1, 1.2 and 1.3 of this act apply to the Solar Energy Systems Incentive Program.
Sec. 1.7. NRS 701B.020 is hereby amended to read as follows:
701B.020 As used in NRS 701B.010 to 701B.290, inclusive, and sections 1.1, 1.2 and 1.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 701B.030 to 701B.180, inclusive, and section 1.1 of this act have the meanings ascribed to them in those sections.
Sec. 1.8. NRS 701B.190 is hereby amended to read as follows:
701B.190 The Legislature hereby finds and declares that it is the policy of this State to:
1. Expand and accelerate the development of solar distributed generation systems and energy storage systems in this State; and
2. Establish a sustainable and self-sufficient solar renewable energy industry in this State in which solar energy systems are a viable mainstream alternative for homes, businesses and other public entities.
Sec. 2. (Deleted by amendment.)
Sec. 2.5. NRS 704.021 is hereby amended to read as follows:
704.021 Public utility or utility does not include:
1. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
2. Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.
κ2017 Statutes of Nevada, Page 1270 (CHAPTER 239, SB 145)κ
3. Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.
4. Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.
5. Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.
6. Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.
7. Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.
8. Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.
9. Persons who own or operate a net metering system described in paragraph (c) of subsection 1 of NRS 704.771.
10. Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:
(a) Located on the premises of another person;
(b) Used to produce not more than 150 percent of that other persons requirements for electricity on an annual basis for the premises on which the individual system is located; and
(c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.
Κ As used in this subsection, renewable energy has the meaning ascribed to it in NRS 704.7811.
11. Persons who own, control, operate or manage a facility that supplies electricity only for use to charge electric vehicles.
Secs. 3-10. (Deleted by amendment.)
Sec. 11. NRS 704.786 is hereby repealed.
Sec. 12. 1. This act becomes effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act; and
(b) On July 1, 2017, for all other purposes.
2. Sections 1 to 2, inclusive, of this act expire by limitation on December 31, 2025.
________
κ2017 Statutes of Nevada, Page 1271κ
Senate Bill No. 204Senators Atkinson, Spearman; Cancela, Goicoechea, Manendo and Segerblom
CHAPTER 240
[Approved: May 31, 2017]
AN ACT relating to energy; requiring the Public Utilities Commission of Nevada to investigate and establish biennial targets for certain electric utilities to procure energy storage systems if certain criteria are satisfied; requiring energy storage systems procured by an electric utility to satisfy such targets to meet certain criteria; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 7 of this bill requires the Public Utilities Commission of Nevada to investigate and determine, on or before October 1, 2018, whether it is in the public interest to establish by regulation biennial targets for the procurement of energy storage systems by an electric utility. Under section 7, in making this determination, the Commission must consider whether energy storage systems will achieve certain purposes, including, without limitation: (1) the integration of renewable energy resources into the transmission and distribution grid; (2) the improvement in the reliability of the electric grid; (3) a reduction in the emission of greenhouse gases; and (4) certain other purposes. Section 7 further provides that, in measuring the benefits and costs of energy storage systems, the Commission is required to consider all known and measurable benefits and costs, including, without limitation, certain benefits and costs listed in section 7.
If the Commission determines that the benefits of the procurement of energy storage systems exceed the costs, section 8 of this bill requires the Commission to establish by regulation biennial targets for the procurement of energy storage systems by an electric utility. In addition to such a target, these regulations must include, without limitation: (1) provisions setting forth the locations for the implementation of energy storage systems; (2) requirements for the utility to submit annual or biennial plans to meet targets for the procurement of energy storage systems; (3) a process for reevaluating the biennial targets at least once every 3 years; (4) a procedure by which the electric utility may obtain a waiver or deferral of biennial targets if the electric utility is not able to identify energy storage systems that provide benefits to its customers that exceed the costs of such systems; (5) a requirement for the electric utility to include information concerning energy storage systems in the resource plans filed by the electric utility with the Commission.
Section 9 of this bill establishes the criteria for an energy storage system procured by an electric utility to meet any biennial targets for the procurement of energy storage systems established by the Commission. Under section 9, such a system: (1) may be centralized or distributed; (2) may be owned by the electric utility or any other person; and (3) must meet certain other criteria.
κ2017 Statutes of Nevada, Page 1272 (CHAPTER 240, SB 204)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. The Legislature hereby finds and declares that:
1. Energy storage systems provide opportunities to:
(a) Reduce costs to ratepayers by avoiding or deferring the need for new generation of energy and for upgrades to systems for the transmission and distribution of energy;
(b) Reduce the use of fossil fuels for meeting demand during peak load periods and for providing ancillary services;
(c) Assist electric utilities with integrating sources of renewable energy into the grids for the transmission and distribution of electricity and with enhancing grid stability;
(d) Support diversification of energy resources and enhance grid security; and
(e) Reduce the emission of greenhouse gases and other air pollutants.
2. There exist opportunities in the current energy storage market which can be enhanced through the sharing of system capabilities, recognition of technological advances, improvement of price structures and use of a collaborative approach to generation, transmission and distribution planning.
3. For the reasons set forth in subsection 1, it is in the public interest to remove the barriers to the use of energy storage systems in this State by investigating the costs and benefits of energy storage systems and, if such an investigation indicates that the benefits of energy storage systems exceed the costs of such systems, implementing biennial targets for the procurement of energy storage systems by an electric utility in this State.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 9, inclusive, of this act.
Sec. 3. As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 4. Electric utility has the meaning ascribed to it in NRS 704.187.
Sec. 5. Energy storage system means commercially available technology that is capable of retaining energy, storing the energy for a period of time and delivering the energy after storage, including, without limitation, by chemical, thermal or mechanical means.
Sec. 6. Procure or procurement means to acquire by ownership or by a contractual right to use the energy from, or the capacity of, an energy storage system.
Sec. 7. 1. On or before October 1, 2018, the Commission shall determine whether it is in the public interest to establish by regulation biennial targets for the procurement of energy storage systems by an electric utility.
2. In making the determination required by subsection 1, the Commission shall consider:
(a) Whether the procurement of energy storage systems by an electric utility will achieve the following purposes:
κ2017 Statutes of Nevada, Page 1273 (CHAPTER 240, SB 204)κ
(1) The integration of renewable energy resources which generate electricity on an intermittent basis into the transmission and distribution grid of the electric utility.
(2) The improvement of the reliability of the systems for the transmission and distribution of electricity.
(3) The increased use of renewable energy resources to generate electricity.
(4) The reduction of the need for the additional generation of electricity during periods of peak demand.
(5) The avoidance or deferral of investment by the electric utility in generation, transmission and distribution of electricity.
(6) The replacement of ancillary services provided by facilities using fossil fuels with ancillary services provided by the use of energy storage systems.
(7) The reduction of greenhouse gas emissions.
(b) The interconnection of energy storage systems at each point of the electric grid, including, without limitation, in the transmission and distribution of electricity and at the site of the customer.
3. For the purposes of subsection 1, the Commission shall determine that the establishment of targets for the procurement of energy storage systems by an electric utility is in the public interest if the benefits to customers of the electric utility exceed the costs of the procurement of energy storage systems. In calculating the benefits and costs of the procurement of energy storage systems, the Commission shall consider all known and measurable benefits and costs, including, without limitation:
(a) A reduction in the need for the additional generation of electricity during periods of peak demand;
(b) A reduction in line losses;
(c) The benefits and costs related to ancillary services;
(d) Avoided costs for additional generation, transmission and generation capacity;
(e) The benefits arising from a reduction of greenhouse gas emissions and the emission of other air pollutants;
(f) The benefits and costs related to voltage support;
(g) The benefits of diversifying the types of resources used for the generation of electricity;
(h) The administrative costs incurred by the electric utility;
(i) The cost to the electric utility of the integration of energy storage systems into the transmission and distribution grid; and
(j) The cost of energy storage systems.
Sec. 8. If, pursuant to section 7 of this act, the Commission determines that it is in the public interest to establish by regulation targets for the procurement of energy storage systems by an electric utility, the Commission shall adopt regulations:
1. Establishing biennial targets for the procurement of energy storage systems by the electric utility;
2. Setting forth the points of interconnection on the electric grid for the implementation of energy storage systems;
3. Establishing that an energy storage system may be owned by the electric utility or any other person;
κ2017 Statutes of Nevada, Page 1274 (CHAPTER 240, SB 204)κ
4. Establishing requirements for the filing by the electric utility of annual or biennial plans to meet biennial targets for the procurement and implementation of energy storage systems;
5. Prescribing a procedure by which the Commission must, at least once every 3 years, reevaluate the biennial targets for the procurement of energy storage systems by the electric utility;
6. Establishing a procedure by which an electric utility may obtain a waiver or deferral of the biennial targets for the procurement of energy storage systems if the electric utility is not able to identify energy storage systems that provide benefits to customers of the utility that exceed the costs of energy storage systems; and
7. Requiring the electric utility to include such information as the Commission may require in each plan submitted by the electric utility pursuant to NRS 704.741.
Sec. 9. 1. If the Commission adopts regulations pursuant to section 8 of this act to establish biennial targets for the procurement of energy storage systems by an electric utility, to meet the targets set forth in those regulations, the electric utility may procure energy storage systems that are either centralized or distributed and either owned by the utility or by any other person, as prescribed by regulation of the Commission.
2. Electric energy storage systems procured by an electric utility to meet any biennial targets for the procurement of energy storage systems established by regulation pursuant to section 8 of this act must:
(a) Reduce peak demand for electricity;
(b) Avoid or defer investment by the electric utility in assets for the generation, transmission and distribution of electricity;
(c) Improve the reliability of the operation of the transmission or distribution grid;
(d) Reduce the emission of greenhouse gases or other air pollutants; or
(e) Integrate renewable energy into the electric grid.
Sec. 10. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1275κ
Senate Bill No. 215Senators Woodhouse, Manendo, Parks, Spearman, Cancela; Cannizzaro, Denis, Ford, Ratti and Segerblom
CHAPTER 241
[Approved: May 31, 2017]
AN ACT relating to motor vehicles; revising the circumstances under which the holder of a drivers license or identification card must report a name change to the Department of Motor Vehicles; enacting provisions authorizing the holder of a drivers license or identification card to request a name change upon the occurrence of certain events; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an applicant for a drivers license, instruction permit, driver authorization card, identification card or motorcycle drivers license to state on the application his or her full legal name, and to furnish proof of his or her full legal name and age. (NRS 483.290, 483.291, 483.850, 483.860, 486.081) The Director of the Department of Motor Vehicles is required to define by regulation the term full legal name as the term is used in relation to drivers licenses, instruction permits, driver authorization cards, identification cards and motorcycle drivers licenses. (NRS 481.052) A holder of a drivers license or identification card must report to the Department within 30 days if the holders name changes. (NRS 483.390, 483.870) The Department is authorized to charge a fee for such a name change. (NRS 483.410, 483.820)
Section 3 of this bill removes the requirement for the Director of the Department to define the term full legal name. Section 1 of this bill instead defines the term full legal name for the purposes of the sections governing drivers licenses, instruction permits, driver authorization cards, identification cards and motorcycle drivers licenses. Sections 12 and 18 of this bill remove the requirement to report a name change to the Department within 30 days. That requirement is similarly reenacted in section 5 of this bill, which requires a person to request a change of his or her full legal name on a drivers license, including a motorcycle drivers license, after a legal change of the persons name in accordance with a court order, certificate of marriage or a decree of divorce or adoption. The person must submit to the Department an original or certified copy of the order, certificate or decree which indicates the name change. Section 5 also allows a person whose name has not been legally changed in accordance with an order, certificate or decree to request a change of his or her full legal name upon adoption, marriage, divorce or the death of a spouse. The person is required to include an original or a certified copy of the certificate or decree evidencing the applicable event and must also provide an affidavit indicating the persons choice of how his or her name is to be changed. The authority of the Department to charge a fee for the name change is retained. Section 6 of this bill makes similar changes for the holder of an identification card. Existing law makes a violation of section 5 a misdemeanor. (NRS 483.530, 483.620) Sections 7-9, 13 and 15 of this bill make conforming changes.
κ2017 Statutes of Nevada, Page 1276 (CHAPTER 241, SB 215)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 481.015 is hereby amended to read as follows:
481.015 1. Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, certificate of title means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.
2. Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to 486.377, inclusive, and chapters 486A and 488 of NRS, as used in this title, unless the context otherwise requires:
(a) Department means the Department of Motor Vehicles.
(b) Director means the Director of the Department.
3. As used in this title, the term full legal name means a natural persons first name, middle name and family name or last name, without the use of initials or a nickname. The term includes a full legal name that has been changed pursuant to the provisions of section 5 or 6 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 481.052 is hereby amended to read as follows:
481.052 The Director shall, by regulation, define:
1. Address of principal residence as the term is used in chapters 483 and 486 of NRS;
2. Conviction as the term is used in NRS 483.010 to 483.630, inclusive [;] , and section 5 of this act; and
3. [Full legal name as the term is used in chapters 483 and 486 of NRS; and
4.] Seasonal resident as the term is used in chapters 482 and 483 of NRS.
Sec. 4. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. A person shall request that the Department change his or her full legal name on a drivers license, including a motorcycle drivers license, issued by the Department after a legal change of the persons name indicated on:
(a) An order of a court of competent jurisdiction changing the name of the person;
(b) A decree of adoption;
(c) A certificate of marriage; or
(d) A decree of divorce.
2. A request required pursuant to subsection 1 must:
(a) Be made on a form prescribed by the Department; and
(b) Include an original or certified copy of the order, decree or certificate.
3. A person may request that the Department change his or her full legal name on a drivers license, including a motorcycle drivers license, issued by the Department upon adoption, marriage, divorce or the death of a spouse. Such a request must be made on a form prescribed by the Department and must include:
κ2017 Statutes of Nevada, Page 1277 (CHAPTER 241, SB 215)κ
(a) Upon adoption, an original or certified copy of a decree of adoption and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name to the last name of one of his or her adoptive parents;
(2) Use his or her last name hyphenated with the last name of one of his or her adoptive parents; or
(3) Replace his or her middle name with his or her last name and use as his or her last name the last name of one of his or her adoptive parents.
(b) Upon marriage, an original or certified copy of a certificate of marriage and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name to the last name of his or her spouse;
(2) Use his or her last name hyphenated with the last name of his or her spouse; or
(3) Replace his or her middle name with his or her last name and use as his or her last name the last name of his or her spouse.
(c) Upon divorce, an original or certified copy of a decree of divorce and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name back to a last name he or she used before the marriage; or
(2) If he or she changed his or her name pursuant to subparagraph (3) of paragraph (b), change his or her middle name and last name back to the middle name and last name he or she used before the marriage.
(d) Upon the death of a spouse, an original or certified copy of a certificate of marriage and an original or certified copy of a death certificate and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name back to a name he or she used before the marriage; or
(2) If he or she changed his or her name pursuant to subparagraph (3) of paragraph (b), change his or her middle name and last name back to the middle name and last name he or she used before the marriage.
4. Upon receipt of a request that meets the requirements of subsection 2 or 3, the Department shall:
(a) Change the full legal name of a person on the drivers license or motorcycle drivers license issued to the person by the Department; and
(b) Provide to the person who requested the change a document which evidences that such a change was made pursuant to this section.
5. The Department may charge and collect, for a change to a drivers license or motorcycle drivers license pursuant to this section, the fee provided in NRS 483.410.
Sec. 6. 1. A person must request that the Department change his or her full legal name on an identification card issued by the Department after a legal change of the persons name indicated on:
(a) An order of a court of competent jurisdiction changing the name of the person;
(b) A decree of adoption;
(c) A certificate of marriage; or
κ2017 Statutes of Nevada, Page 1278 (CHAPTER 241, SB 215)κ
(d) A decree of divorce.
2. A request required pursuant to subsection 1 must:
(a) Be made on a form prescribed by the Department; and
(b) Include an original or certified copy of the order, decree or certificate.
3. A person may request that the Department change his or her full legal name on an identification card issued by the Department upon adoption, marriage, divorce or the death of a spouse. Such a request must be made on a form prescribed by the Department and must include:
(a) Upon adoption, an original or certified copy of a decree of adoption and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name to the last name of one of his or her adoptive parents;
(2) Use his or her last name hyphenated with the last name of one of his or her adoptive parents; or
(3) Replace his or her middle name with his or her last name and use as his or her last name the last name of one of his or her adoptive parents.
(b) Upon marriage, an original or certified copy of a certificate of marriage and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name to the last name of his or her spouse;
(2) Use his or her last name hyphenated with the last name of his or her spouse; or
(3) Replace his or her middle name with his or her last name and use as his or her last name the last name of his or her spouse.
(c) Upon divorce, an original or certified copy of a decree of divorce and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name back to a last name he or she used before the marriage; or
(2) If he or she changed his or her name pursuant to subparagraph (3) of paragraph (b), change his or her middle name and last name back to the middle name and last name he or she used before the marriage.
(d) Upon the death of a spouse, an original or certified copy of a certificate of marriage and an original or certified copy of a death certificate and an affidavit on a form prescribed by the Department indicating the persons choice to:
(1) Change his or her last name back to a name he or she used before the marriage; or
(2) If he or she changed his or her name pursuant to subparagraph (3) of paragraph (b), change his or her middle name and last name back to the middle name and last name he or she used before the marriage.
4. Upon receipt of a request that meets the requirements of subsection 2 or 3, the Department shall:
(a) Change the full legal name of a person on the identification card issued to the person by the Department; and
(b) Provide to the person who requested the change a document which evidences that such a change was made pursuant to this section.
κ2017 Statutes of Nevada, Page 1279 (CHAPTER 241, SB 215)κ
5. The Department may charge and collect, for a change to an identification card pursuant to this section, the fee provided in NRS 483.820.
Sec. 7. NRS 483.015 is hereby amended to read as follows:
483.015 Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 5 of this act apply only with respect to noncommercial drivers licenses.
Sec. 8. NRS 483.020 is hereby amended to read as follows:
483.020 As used in NRS 483.010 to 483.630, inclusive, and section 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.
Sec. 9. NRS 483.220 is hereby amended to read as follows:
483.220 The Administrator is authorized to promulgate rules and regulations governing activities of the Department under NRS 483.010 to 483.630, inclusive [.] , and section 5 of this act.
Sec. 10. NRS 483.290 is hereby amended to read as follows:
483.290 1. An application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her full legal name and age by displaying:
(a) An original or certified copy of the required documents as prescribed by regulation; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511.
3. The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2 [.] , including, without limitation, a document issued by the Department pursuant to section 5 or 6 of this act.
4. At the time of applying for a drivers license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
5. Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
κ2017 Statutes of Nevada, Page 1280 (CHAPTER 241, SB 215)κ
(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.
6. The Department may refuse to accept a drivers license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
7. With respect to any document presented by a person who was born outside of the United States to prove his or her full legal name and age, the Department:
(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) Shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.
8. The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
9. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 11. NRS 483.291 is hereby amended to read as follows:
483.291 1. An application for an instruction permit or for a driver authorization card must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the name, date of birth, sex and residence address of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her name and age by displaying an original or certified copy of:
(a) Any one of the following documents:
(1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;
κ2017 Statutes of Nevada, Page 1281 (CHAPTER 241, SB 215)κ
(2) A drivers license issued by another state, the District of Columbia or any territory of the United States which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. § 37.17;
(3) A passport issued by the United States Government;
(4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;
(5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;
(6) A Certificate of Degree of Indian Blood issued by the United States Government;
(7) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;
(8) A Consular Report of Birth Abroad issued by the Department of State; [or]
(9) A document issued by the Department pursuant to section 5 or 6 of this act; or
(10) Such other documentation as specified by the Department by regulation; or
(b) Any two of the following documents:
(1) A drivers license issued by another state, the District of Columbia or any territory of the United States other than such a drivers license described in subparagraph (2) of paragraph (a);
(2) A passport issued by a foreign government;
(3) A birth certificate issued by a foreign government;
(4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar; or
(5) Any other proof acceptable to the Department.
Κ No document which is written in a language other than English may be accepted by the Department pursuant to this subsection unless it is accompanied by a verified translation of the document in the English language.
3. Every applicant must prove his or her residence in this State by displaying an original or certified copy of any two of the following documents:
(a) A receipt from the rent or lease of a residence located in this State;
(b) A record from a public utility for a service address located in this State which is dated within the previous 60 days;
(c) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;
(d) A stub from an employment check indicating a residential address located in this State;
(e) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;
(f) A record, receipt or bill from a medical provider indicating a residential address located in this State; or
(g) Any other document as prescribed by the Department by regulation.
κ2017 Statutes of Nevada, Page 1282 (CHAPTER 241, SB 215)κ
4. Except as otherwise provided in subsection 5, a driver authorization card or instruction permit obtained in accordance with this section must:
(a) Contain the same information as prescribed for a drivers license pursuant to NRS 483.340 and any regulations adopted pursuant thereto;
(b) Be of the same design as a drivers license and contain only the minimum number of changes from that design that are necessary to comply with subsection 5; and
(c) Be numbered from the same sequence of numbers as a drivers license.
5. A driver authorization card or instruction permit obtained in accordance with this section must comply with the requirements of section 202(d)(11) of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 302, 312-15, 49 U.S.C. § 30301 note.
6. Notwithstanding the provisions of NRS 483.380, every driver authorization card expires on the anniversary of its issuance or renewal. Every driver authorization card is renewable at any time before its expiration upon application and payment of the required fee. The Department may, by regulation, defer the expiration of the driver authorization card of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the driver authorization card of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.
7. A driver authorization card shall not be used to determine eligibility for any benefits, licenses or services issued or provided by this State or its political subdivisions.
8. Except as otherwise provided in this section or by specific statute, any provision of this title that applies to drivers licenses shall be deemed to apply to a driver authorization card and an instruction permit obtained in accordance with this section.
Sec. 12. NRS 483.390 is hereby amended to read as follows:
483.390 Whenever any person after applying for or receiving a drivers license moves from the address named in the application or in the license issued to the person, [or when the name of a licensee is changed,] that person shall within 30 days thereafter notify the Department of his or her new and old addresses [, or of such former and new names,] and of the number of any license then held by the person.
Sec. 13. NRS 483.530 is hereby amended to read as follows:
483.530 1. Except as otherwise provided in subsection 2, it is a misdemeanor for any person:
(a) To display or cause or permit to be displayed or possess any cancelled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained drivers license;
(b) To alter, forge, substitute, counterfeit or use an unvalidated drivers license;
(c) To lend his or her drivers license to any other person or knowingly permit the use thereof by another;
(d) To display or represent as ones own any drivers license not issued to him or her;
κ2017 Statutes of Nevada, Page 1283 (CHAPTER 241, SB 215)κ
(e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any drivers license which has been suspended, revoked or cancelled;
(f) To permit any unlawful use of a drivers license issued to him or her;
(g) To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive [;] , and section 5 of this act; or
(h) To photograph, photostat, duplicate or in any way reproduce any drivers license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or possess any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.
2. Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a drivers license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.
Sec. 14. NRS 483.620 is hereby amended to read as follows:
483.620 It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and section 5 of this act, unless such violation is, by NRS 483.010 to 483.630, inclusive, and section 5 of this act or other law of this State, declared to be a felony.
Sec. 15. NRS 483.820 is hereby amended to read as follows:
483.820 1. A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and section 6 of this act and who is not ineligible to receive an identification card pursuant to NRS 483.861, is entitled to receive an identification card if the person is:
(a) A resident of this State and is 10 years of age or older and does not hold a valid drivers license or identification card from any state or jurisdiction; or
(b) A seasonal resident who does not hold a valid Nevada drivers license.
2. Except as otherwise provided in NRS 483.825, the Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:
An original or duplicate identification card issued to a person 65 years of age or older $4
An original or duplicate identification card issued to a person under 18 years of age which expires on the eighth anniversary of the persons birthday..................................................................... 6
A renewal of an identification card for a person under 18 years of age which expires on the eighth anniversary of the persons birthday................................................................................ 6
κ2017 Statutes of Nevada, Page 1284 (CHAPTER 241, SB 215)κ
An original or duplicate identification card issued to a person under 18 years of age which expires on or before the fourth anniversary of the persons birthday............................................ $3
A renewal of an identification card for a person under 18 years of age which expires on or before the fourth anniversary of the persons birthday.......................................................................... 3
An original or duplicate identification card issued to any person at least 18 years of age, but less than 65 years of age, which expires on the eighth anniversary of the persons birthday...... 18
A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age, which expires on the eighth anniversary of the persons birthday......................... 18
An original or duplicate identification card issued to any person at least 18 years of age, but less than 65 years of age, which expires on or before the fourth anniversary of the persons birthday 9
A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age, which expires on or before the fourth anniversary of the persons birthday............... 9
A new photograph or change of name, or both................................... 4
3. The Department shall not charge a fee for:
(a) An identification card issued to a person who has voluntarily surrendered his or her drivers license pursuant to NRS 483.420; or
(b) A renewal of an identification card for a person 65 years of age or older.
4. Except as otherwise provided in NRS 483.825, the increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
5. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 483.860 is hereby amended to read as follows:
483.860 1. Every applicant for an identification card must furnish proof of his or her full legal name and age by presenting:
(a) An original or certified copy of the required documents as prescribed by regulation; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511.
2. The Director shall adopt regulations:
(a) Prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 1 [;] , including, without limitation, a document issued by the Department pursuant to section 5 or 6 of this act; and
(b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
κ2017 Statutes of Nevada, Page 1285 (CHAPTER 241, SB 215)κ
3. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 18. NRS 483.870 is hereby amended to read as follows:
483.870 1. Except as otherwise provided in NRS 483.875, an identification card that is issued to:
(a) A seasonal resident remains valid until its expiration date so long as the person does not become licensed in Nevada to drive a motor vehicle and the facts and circumstances declared in the application and stated on the card do not change. An identification card must be surrendered by a seasonal resident upon issuance of a Nevada drivers license.
(b) A resident remains valid until its expiration date so long as the person does not become licensed in any state or jurisdiction to drive a motor vehicle and the facts and circumstances declared in the application and stated on the card do not change. An identification card must be surrendered by a resident upon issuance of a drivers license from any state or jurisdiction.
2. The holder of an identification card shall promptly report any change in the information declared in the application and stated in the card to the Department.
3. Any change occurring in the holders address [or name as the result of marriage or otherwise] or any loss of an identification card must be reported within 30 days after the occurrence to the Department.
Sec. 19. NRS 486.081 is hereby amended to read as follows:
486.081 1. Every application for a motorcycle drivers license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
2. Every application must:
(a) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence;
(b) Briefly describe the applicant;
(c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;
(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and
(e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.
3. Every applicant shall furnish proof of his or her full legal name and age by displaying an original or certified copy of the required documents as prescribed by regulation.
4. The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department [.] , including, without limitation, a document issued by the Department pursuant to section 5 or 6 of this act.
5. Every applicant who has been assigned a social security number must furnish proof of the social security number by displaying:
κ2017 Statutes of Nevada, Page 1286 (CHAPTER 241, SB 215)κ
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.
6. The Department may refuse to accept a drivers license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
7. With respect to any document that has expired:
(a) The Department may refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) If the document indicates that the person is authorized to stay in the United States, the Department shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.
8. The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
9. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for a motorcycle drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 20. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2018, for all other purposes.
________
κ2017 Statutes of Nevada, Page 1287κ
Senate Bill No. 305Senators Ratti, Ford, Segerblom, Manendo, Parks; Atkinson, Cancela, Spearman and Woodhouse
CHAPTER 242
[Approved: May 31, 2017]
AN ACT relating to child welfare; requiring a court to appoint an attorney to represent a child in certain proceedings; providing for the compensation of the attorney; excluding certain persons from appointment as a guardian ad litem; increasing the maximum amount of the fee that a board of county commissioners may impose for recording certain documents; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes, but does not require, the court to appoint an attorney to represent a child who is alleged to have been abused or neglected in civil child protection proceedings and proceedings to terminate parental rights. (NRS 128.100, 432B.420) Sections 1 and 4 of this bill: (1) require the court to appoint an attorney to represent a child who is alleged to have been abused or neglected in such proceedings; and (2) provide that the child is deemed to be a party to such proceedings. Section 1 further provides for the compensation of the attorney who is so appointed. Section 3 of this bill makes a conforming change.
Existing law requires a court to appoint a guardian ad litem for a child after a petition is filed that the child is in need of protection. (NRS 432B.500) Section 2 of this bill prohibits the court from appointing an attorney who has been appointed to represent the child to also serve as a guardian ad litem.
Existing law authorizes a board of county commissioners to impose a fee of not more than $3 for recording certain documents to fund the provision of legal services to abused and neglected children. (NRS 247.305) Section 4.5 of this bill increases the maximum amount of this fee to $6.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.420 is hereby amended to read as follows:
432B.420 1. A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection [2,] 3, if the person is indigent, the court may appoint an attorney to represent the person.
2. A child who is alleged to have been abused or neglected shall be deemed to be a party to any proceedings under NRS 432B.410 to 432B.590, inclusive. The court [may, if it finds it appropriate,] shall appoint an attorney to represent the child. The child [may] must be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. [If the child is represented by an attorney, the] The attorney representing the child has the same authority and rights as an attorney representing [a] any other party to the proceedings.
κ2017 Statutes of Nevada, Page 1288 (CHAPTER 242, SB 305)κ
[2.] 3. If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent; and
(b) [May appoint an attorney to represent the Indian child; and
(c)] May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,
Κ as provided in the Indian Child Welfare Act.
[3.] 4. Each attorney, other than a public defender [,] or an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection 1 [,] or 2, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. [Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a child may also be appointed as guardian ad litem for the child.]
Sec. 2. NRS 432B.500 is hereby amended to read as follows:
432B.500 1. After a petition is filed that a child is in need of protection pursuant to NRS 432B.490, the court shall appoint a guardian ad litem for the child. The person so appointed:
(a) Must meet the requirements of NRS 432B.505 or, if such a person is not available, a representative of an agency which provides child welfare services, a juvenile probation officer, an officer of the court or another volunteer.
(b) Must not be a parent or other person responsible for the childs welfare.
(c) Must not be an attorney appointed to represent the child pursuant to NRS 432B.420.
2. A guardian ad litem appointed pursuant to this section shall:
(a) Represent and protect the best interests of the child until excused by the court;
(b) Thoroughly research and ascertain the relevant facts of each case for which the guardian ad litem is appointed, and ensure that the court receives an independent, objective account of those facts;
(c) Meet with the child wherever the child is placed as often as is necessary to determine that the child is safe and to ascertain the best interests of the child;
(d) Explain to the child the role of the guardian ad litem and, when appropriate, the nature and purpose of each proceeding in the case;
(e) Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner;
(f) Appear at all proceedings regarding the child;
(g) Inform the court of the desires of the child, but exercise independent judgment regarding the best interests of the child;
(h) Present recommendations to the court and provide reasons in support of those recommendations;
(i) Request the court to enter orders that are clear, specific and, when appropriate, include periods for compliance;
(j) Review the progress of each case for which the guardian ad litem is appointed, and advocate for the expedient completion of the case; and
(k) Perform such other duties as the court orders.
κ2017 Statutes of Nevada, Page 1289 (CHAPTER 242, SB 305)κ
Sec. 3. NRS 128.023 is hereby amended to read as follows:
128.023 1. If proceedings pursuant to this chapter involve the termination of parental rights of the parent of an Indian child, the court shall:
(a) Cause the Indian childs tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.
(b) Transfer the proceedings to the Indian childs tribe in accordance with the Indian Child Welfare Act.
(c) If a tribe declines or is unable to exercise jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.
2. If the court determines that the parent of an Indian child for whom termination of parental rights is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent; and
(b) [May appoint an attorney to represent the Indian child; and
(c)] May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,
Κ as provided in the Indian Child Welfare Act.
Sec. 4. NRS 128.100 is hereby amended to read as follows:
128.100 1. [In] Except as otherwise provided in subsection 2, in any proceeding for terminating parental rights, or any rehearing or appeal thereon, or any proceeding for restoring parental rights, the court may appoint an attorney to represent the child as his or her counsel . [and, if the child does not have a guardian ad litem appointed pursuant to NRS 432B.500, as his or her guardian ad litem.] The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.
2. In any proceeding for the termination of parental rights to a child who has been placed outside of his or her home pursuant to chapter 432B of NRS, or any rehearing or appeal thereon, or any proceeding for restoring parental rights to such a child, the court shall appoint an attorney to represent the child as his or her counsel. The child shall be deemed to be a party to any proceeding described in this section and must be represented by an attorney at all stages of such proceedings. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.
3. If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.
[3.] 4. Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.
Sec. 4.5. NRS 247.305 is hereby amended to read as follows:
247.305 1. If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:
(a) For recording any document, for the first page.............................. $10
(b) For each additional page...................................................................... $1
(c) For recording each portion of a document which must be separately indexed, after the first indexing $3
(d) For copying any record, for each page.............................................. $1
κ2017 Statutes of Nevada, Page 1290 (CHAPTER 242, SB 305)κ
(e) For certifying, including certificate and seal...................................... $4
(f) For a certified copy of a certificate of marriage............................. $10
(g) For a certified abstract of a certificate of marriage....................... $10
(h) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose 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 must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.
2. Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.
3. Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.
4. Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than [$3] $6 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children [.] , including, without limitation, to compensate attorneys appointed to represent such children pursuant to NRS 128.100 and 432B.420.
κ2017 Statutes of Nevada, Page 1291 (CHAPTER 242, SB 305)κ
5. Except as otherwise provided in this subsection or subsection 6 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.
6. Except as otherwise provided in subsection 7, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:
(a) The county in which the county recorders office is located.
(b) The State of Nevada or any city or town within the county in which the county recorders office is located, if the document being recorded:
(1) Conveys to the State, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;
(3) Imposes a lien in favor of the State or that city or town; or
(4) Is a notice of the pendency of an action by the State or that city or town.
7. A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.
8. If the amount of money collected by a county recorder for a fee pursuant to this section:
(a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.
(b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.
9. Except as otherwise provided in subsection 2, 3, 4 or 8 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
10. For the purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his or her official capacity.
Sec. 5. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. (Deleted by amendment.)
________
κ2017 Statutes of Nevada, Page 1292κ
Senate Bill No. 312Senator Manendo
CHAPTER 243
[Approved: May 31, 2017]
AN ACT relating to drivers; revising the duties of a driver upon approaching or being approached by certain emergency vehicles and other vehicles displaying flashing lights; revising the duties of a law enforcement officer upon finding certain unattended or disabled vehicles or property; revising the duties of a driver upon approaching a traffic incident; revising the duties of the driver of a vehicle that crashes and causes only property damage to a vehicle or other property; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency making use of flashing lights, the driver of every other vehicle is required to yield the right-of-way and immediately pull over to the right-hand edge or curb of the road and stop until the emergency vehicle or official vehicle has passed. (NRS 484B.267) Section 1 of this bill provides that, upon approaching such an emergency vehicle or official vehicle which is moving or preparing to move in any direction and making use of flashing lights, a driver shall: (1) decrease the speed of his or her vehicle; (2) proceed with caution; (3) prepare to stop; (4) not drive abreast of or overtake the emergency vehicle or official vehicle if it is moving or preparing to move in the same direction as the driver; and (5) if possible, drive in a lane that is not adjacent to the lane the emergency vehicle or official vehicle is in. Existing law makes a violation of these provisions a misdemeanor. (NRS 484A.900)
Under existing law, when a police officer finds an unattended or disabled vehicle upon a highway, bridge or causeway, or in any tunnel, where the vehicle constitutes an obstruction to traffic or interferes with the normal flow of traffic, the officer may provide for the immediate removal of the vehicle. (NRS 484B.443) Section 2 of this bill authorizes a law enforcement officer or the law enforcement agency employing the officer to provide for the immediate removal of the vehicle and for the immediate removal of any spilled cargo of a vehicle or other property that is obstructing traffic, interfering with the normal flow of traffic or otherwise endangering public safety. Section 2 also provides that a law enforcement officer, the law enforcement agency employing the officer, a unified command or a tow car operator who provides for the removal: (1) is not liable for any damage to the vehicle, cargo or property that results from the removal; and (2) must make a reasonable attempt to notify the owner of the vehicle, cargo or property if the owner is not present at the time of removal. Section 2 also provides that the costs of the removal must be borne by the owner of the vehicle, cargo or property.
Existing law imposes certain duties upon the driver of a vehicle which is approaching an authorized emergency vehicle or tow car which is stopped and making use of flashing lights. (NRS 484B.607) Those duties include: (1) decreasing the speed of the vehicle; (2) proceeding with caution; (3) preparing to stop; and (4) if possible, driving in a lane that is not adjacent to the lane in which the emergency vehicle or tow car is stopped. A violation of those duties is a misdemeanor. (NRS 484A.900) Section 4 of this bill imposes those duties upon a driver when approaching any traffic incident, and defines traffic incident to mean any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard.
κ2017 Statutes of Nevada, Page 1293 (CHAPTER 243, SB 312)κ
Existing law requires the driver of any vehicle involved in a crash resulting in only damage to a vehicle or other property which is driven or attended by another person to: (1) stop his or her vehicle immediately at the scene of the crash; (2) as soon as reasonably practicable, if the drivers vehicle is obstructing traffic and can be moved safely, move the vehicle to a location nearby that does not obstruct traffic; and (3) remain at the scene and provide certain required information to the other party involved in the crash and any police officer at the scene. (NRS 484E.020, 484E.030) Existing law makes a violation of these provisions a misdemeanor. (NRS 484A.900) Section 5 of this bill provides that the drivers vehicle must be moved if it is able to be moved and is creating a hazard or obstructing traffic and must be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic.
Existing law requires a driver of any vehicle involved in a crash with any vehicle or property which is unattended, resulting in damage to the other vehicle or property, to stop immediately and locate and notify the owner of the vehicle or property of the drivers name and address, or attach securely in a conspicuous place on the vehicle or property the name and address of the driver whose vehicle struck the vehicle or property. (NRS 484E.040) Existing law makes a violation of these provisions a misdemeanor. (NRS 484A.900) Section 6 of this bill imposes the same revised requirements set forth in section 5 for moving the drivers vehicle so as not to create a hazard or obstruct traffic upon the driver of a vehicle that crashes into an unattended vehicle or unattended property.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484B.267 is hereby amended to read as follows:
484B.267 1. Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, except when otherwise directed by a [police] law enforcement officer.
2. Upon approaching an authorized emergency vehicle or an official vehicle of a regulatory agency which is moving or preparing to move in any direction, including, without limitation, arriving at or leaving the scene of a crash or other incident, and making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of any other vehicle shall, except when otherwise directed by a law enforcement officer:
(a) Decrease the speed of his or her vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;
(b) Proceed with caution;
(c) Be prepared to stop;
(d) If the authorized emergency vehicle or official vehicle of a regulatory agency is moving in the same direction of travel as the driver, not drive abreast of or overtake the authorized emergency vehicle or official vehicle of a regulatory agency;
κ2017 Statutes of Nevada, Page 1294 (CHAPTER 243, SB 312)κ
(e) If possible, drive in a lane that is not adjacent to the lane in which the authorized emergency vehicle or official vehicle of a regulatory agency is moving, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible; and
(f) If the authorized emergency vehicle or official vehicle of a regulatory agency:
(1) Approaches the drivers vehicle, proceed as required pursuant to subsection 1; or
(2) Stops, proceed as required pursuant to NRS 484B.607.
3. As used in this section, preparing to move means any indication that is visible to an approaching driver that an authorized emergency vehicle or an official vehicle of a regulatory agency is about to move, including, without limitation:
(a) A movement of the vehicle; or
(b) The use of hand signals by the driver of the vehicle.
Sec. 2. NRS 484B.443 is hereby amended to read as follows:
484B.443 1. [Whenever] Except as otherwise provided in subsection 2, whenever any [police] law enforcement officer finds a vehicle standing upon a highway in violation of any of the provisions of chapters 484A to 484E, inclusive, of NRS, the officer may move the vehicle, or require the driver or person in charge of the vehicle to move it, to a position off the paved, improved or main-traveled part of the highway.
2. Whenever any [police] law enforcement officer finds a vehicle , the cargo of a vehicle or other property unattended , [or] disabled or spilled upon any highway, bridge or causeway, or in any tunnel, where the vehicle , cargo or property constitutes an obstruction to traffic , [or] interferes with the normal flow of traffic [,] or otherwise endangers public safety, the officer or the law enforcement agency employing the officer, in coordination with unified command, if applicable, may provide for the immediate removal of the vehicle [.] , cargo or property to a position where the vehicle, cargo or property no longer constitutes an obstruction to traffic, interferes with the normal flow of traffic or otherwise endangers public safety.
3. [Any police] Except as otherwise provided in subsection 2, any law enforcement officer may, subject to the requirements of subsection 4, remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to a garage or other place of safekeeping if:
(a) The vehicle has been involved in a crash and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;
(b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or
(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.
κ2017 Statutes of Nevada, Page 1295 (CHAPTER 243, SB 312)κ
4. Unless a different course of action is necessary to preserve evidence of a criminal offense, a [police] law enforcement officer who wishes to have a vehicle or part of a vehicle removed from a highway pursuant to subsection 3 shall, in accordance with any applicable protocol such as a rotational schedule regarding the selection and use of towing services, cause the vehicle or part of a vehicle to be removed by a tow car operator. The tow car operator shall, to the extent practicable and using the shortest and most direct route, remove the vehicle or part of a vehicle to the garage of the tow car operator unless directed otherwise by the [police] officer. The tow car operator is liable for any loss of or damage to the vehicle or its contents that occurs while the vehicle is in the possession or control of the tow car operator.
5. A person or entity, including a law enforcement officer, the law enforcement agency employing the law enforcement officer, unified command or a tow car operator who provides for the removal of a vehicle, the cargo of a vehicle or other property pursuant to subsection 2:
(a) Is not liable for any loss of or damage to the vehicle, the contents of the vehicle, the cargo or the property that is removed; and
(b) Must make a reasonable attempt, as soon as practicable, to notify the owner of the vehicle, cargo or property as to the location of the vehicle, cargo or property if the owner of the vehicle or property is not present at the time of removal and the owner of the vehicle, cargo or property is ascertainable by the officer.
6. All costs incurred under the provisions of subsection 2 must be borne by the owner of the vehicle, cargo or property.
7. As used in this section:
(a) Traffic incident has the meaning ascribed to it in NRS 484B.607.
(b) Unified command means a group of law enforcement officers or other persons organized to provide a coordinated response to a traffic incident which requires two or more responding entities within a jurisdiction or which requires responding entities from two or more jurisdictions. The responding entities may include, without limitation, police, fire or emergency medical personnel, a tow car operator, or a state or local governmental entity responsible for roadway or other infrastructure repair or maintenance.
Sec. 3. NRS 484B.447 is hereby amended to read as follows:
484B.447 Whenever any [police] law enforcement officer provides for the removal of any vehicle pursuant to NRS 484B.443 and has probable cause to believe that the vehicle or its contents constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense, the [police] officer shall take such steps as may be required by law and reasonably necessary to preserve the evidence, including but not limited to safe storage, until the evidence is released to the owner or otherwise disposed of according to law.
Sec. 4. NRS 484B.607 is hereby amended to read as follows:
484B.607 1. Upon approaching [an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480 or a tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748,] any traffic incident, the driver of the approaching vehicle shall, in the absence of other direction given by a [peace] law enforcement officer:
κ2017 Statutes of Nevada, Page 1296 (CHAPTER 243, SB 312)κ
(a) Decrease the speed of the vehicle to a speed that is [:
(1) Reasonable] reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600; [and
(2) Less than the posted speed limit, if a speed limit has been posted;]
(b) Proceed with caution;
(c) Be prepared to stop; and
(d) If possible, drive in a lane that is not adjacent to the lane [in which the emergency vehicle or tow car is stopped,] or lanes where the traffic incident is located unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. As used in this section, traffic incident means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard. The term includes, without limitation:
(a) An authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480;
(b) A tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748;
(c) An authorized vehicle used by the Department of Transportation which is stopped or moving at a speed slower than the normal flow of traffic and which is making use of flashing amber warning lights meeting the requirements of subsection 1 of NRS 484D.185 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D. 200;
(d) A public utility vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.195;
(e) An authorized vehicle of a local governmental agency which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
(f) Any vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
(g) A crash scene;
(h) A stalled vehicle;
(i) Debris on the roadway; or
(j) A person who is out of his or her vehicle attending to a repair of the vehicle.
Sec. 5. NRS 484E.020 is hereby amended to read as follows:
484E.020 The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall:
1. Immediately stop his or her vehicle at the scene of the crash; and
2. [As soon as reasonably practicable, if] If the drivers vehicle is creating a hazard or obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location [as close thereto as possible] that does not create a hazard or obstruct traffic and [return to and remain at the scene of the crash until the driver has fulfilled] , if applicable, safely fulfill the requirements of NRS 484E.030.
κ2017 Statutes of Nevada, Page 1297 (CHAPTER 243, SB 312)κ
Sec. 6. NRS 484E.040 is hereby amended to read as follows:
484E.040 [The]
1. Except as otherwise provided in subsection 2, the driver of any vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
2. If the vehicle of a driver involved in a crash pursuant to subsection 1 is creating a hazard or obstructing traffic and can be moved safely, the driver shall, before meeting the requirements of subsection 1, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and minimizes interference with the free movement of traffic.
________
Senate Bill No. 314Committee on Commerce, Labor and Energy
CHAPTER 244
[Approved: May 31, 2017]
AN ACT relating to renewable energy; revising provisions concerning restrictions or requirements imposed by the governing body of a local government on the installation of a system for obtaining wind energy; specifying that a governing body is not precluded from denying the issuance of a permit for the installation of a system for obtaining wind energy under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the governing body of a city or county: (1) may enact zoning regulations and restrictions to promote the health, safety, morals or general welfare of the community; (2) is prohibited from adopting an ordinance or taking any other action which unreasonably prohibits or restricts an owner of real property from using a system for obtaining wind energy on his or her property; and (3) may impose a reasonable restriction on the use of a system for obtaining wind energy which is related to the finish, height, location, noise, safety or setback of the system. (NRS 278.020, 278.02077)
This bill deletes the provision which specifies that the governing body or a city or county may impose reasonable restrictions on the use of a system for obtaining wind energy which are related to the height of the system. This bill instead provides that the governing body of a city or county is not precluded from denying an application for a permit for the installation of a system for obtaining wind energy if based on the size, height or configuration of the system, the installation of the system: (1) represents a danger to the health, safety or welfare of the public; or (2) is not compatible with the character of the area in which the system is located.
κ2017 Statutes of Nevada, Page 1298 (CHAPTER 244, SB 314)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 278.02077 is hereby amended to read as follows:
278.02077 1. Except as otherwise provided in subsection 2:
(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his or her property.
(b) Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his or her property is void and unenforceable.
2. The provisions of subsection 1 do not [prohibit] :
(a) Prohibit a reasonable restriction or requirement:
[(a)] (1) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or
[(b)] (2) Relating to the finish, [height,] location, noise, safety or setback of a system for obtaining wind energy [.] ; or
(b) Preclude a governing body from denying an application for the issuance of a permit or special use permit for the installation of a system for obtaining wind energy if the governing body determines, based on the size, height or configuration of the system, that installation of the system:
(1) Represents a danger to the health, safety or welfare of the public; or
(2) Is not compatible with the character of the area in which the system is located.
________
κ2017 Statutes of Nevada, Page 1299κ
Senate Bill No. 339Senator Settelmeyer
CHAPTER 245
[Approved: May 31, 2017]
AN ACT relating to the Department of Motor Vehicles; revising the provisions governing the requirements for the issuance of vintage license plates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the Department of Motor Vehicles may produce and issue vintage license plates to residents of Nevada for any motor vehicle manufactured not later than 1942. This bill extends the date to qualify for vintage license plates to motor vehicles manufactured not later than 1961.
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 482.3818 is hereby amended to read as follows:
482.3818 1. The Department may produce and issue vintage license plates to residents of Nevada for any motor vehicle manufactured not later than [1942.] 1961.
2. Vintage license plates issued pursuant to this section must be produced by the Department:
(a) Using only digital technology for the production of the plates; and
(b) To appear, insofar as is practicable, the same as the license plates that were issued in Nevada during the year of manufacture of the particular motor vehicle to which the vintage license plates will be affixed.
3. The fee for vintage license plates issued pursuant to this section is $35, in addition to all other applicable registration and license fees and governmental services taxes. The vintage license plates are renewable upon the payment of $10.
4. If, during a registration year, the holder of vintage 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. 2. This act becomes effective on January 1, 2018.
________
κ2017 Statutes of Nevada, Page 1300κ
Senate Bill No. 366Senator Cancela
CHAPTER 246
[Approved: May 31, 2017]
AN ACT relating to health care; requiring the preparation of a report relating to Medicaid recipients and access to employer-based health insurance; creating the Advisory Committee on Medicaid Innovation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill requires the Director of the Department of Health and Human Services to prepare an annual report which lists all employers in this State which have 50 or more employees and the number of full-time employees of such an employer who are enrolled in Medicaid. Section 2 also requires: (1) the report to include information relating to whether the employees of such an employer have access to an employer-based health care plan; and (2) the Director to submit this report to the Governor and the Legislature. Section 2 further requires that this report must not contain any individually identifiable health information and must comply with certain privacy provisions of federal law.
Section 4 of this bill creates the Advisory Committee on Medicaid Innovation within the Division of Health Care Financing and Policy of the Department. Section 5 requires the Advisory Committee to provide certain recommendations to the Director, including, without limitation, public and private prescription purchasing coalitions, encouraging access to health insurance and, finally, any waivers the State may apply for from the Federal Government relating to Medicaid. Section 4 authorizes the Director to appoint as many members to the Advisory Committee as he or she deems necessary or appropriate and requires the voting members of the Advisory Committee to be officers or employees of the Executive Branch of State Government. Section 4 also authorizes the Director to appoint others to serve on the Advisory Committee as nonvoting members. Finally, section 4 requires the members of the Advisory Committee to serve 2-year terms without additional 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. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. On or before January 1 of each year, the Director shall prepare, in consultation with the Director of the Department of Business and Industry, a report which includes, without limitation:
(a) The name, street address of the office of the registered agent and the principal place of business of an employer in this State that employs 50 or more employees and whether the employer offers health benefits to its employees;
(b) The total number of persons enrolled in Medicaid who are employed on a full-time basis by such an employer;
(c) The number of persons enrolled in Medicaid who are married to or the dependent of an employee of such an employer; and
(d) The cost of providing coverage through Medicaid to the persons described in paragraphs (b) and (c).
κ2017 Statutes of Nevada, Page 1301 (CHAPTER 246, SB 366)κ
2. The report prepared pursuant to subsection 1 must not contain any individually identifiable health information and must comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended.
3. The Director shall submit the report required pursuant to subsection 1 to:
(a) The Governor; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the Legislature.
4. The report required pursuant to this section must not include any personally identifiable information of a person whose information is included in the report.
5. As used in this section, individually identifiable health information has the meaning ascribed to it in 45 C.F.R. § 160.103.
Sec. 3. (Deleted by amendment.)
Sec. 4. 1. The Advisory Committee on Medicaid Innovation is hereby created in the Division. The Director shall appoint the members to serve on the Advisory Committee.
2. The Director shall appoint officers and employees of the Executive Branch of State Government to serve as voting members of the Advisory Committee and may appoint such other persons as the Director deems necessary or appropriate to serve as nonvoting members.
3. The Director shall appoint each member to serve for a term of 2 years.
4. At its first meeting and annually thereafter, the Advisory Committee shall elect a Chair from among its voting members.
5. Members of the Advisory Committee serve without any additional compensation.
6. A member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A State agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to:
(a) Make up the time the member is absent from work to carry out his or her duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
Sec. 5. 1. The Advisory Committee on Medicaid Innovation created by section 4 of this act shall study:
(a) The manner in which to create or expand public or private prescription purchasing coalitions.
(b) The manner in which to encourage access to employer-based health insurance plans, including, without limitation:
(1) Coordinating coverage provided by the State Plan for Medicaid and private health insurance which may be provided by an employer to a person eligible for Medicaid; and
(2) Providing assistance to a person who is eligible for Medicaid to allow the person to purchase private health insurance.
κ2017 Statutes of Nevada, Page 1302 (CHAPTER 246, SB 366)κ
(c) Opportunities to apply to the Secretary of the United States Department of Health and Human Services for certain waivers pursuant to 42 U.S.C. §§ 1315 and 18052.
2. At least once each year, the Advisory Committee shall make such recommendations to the Director as it deems appropriate relating to opportunities to improve Medicaid or to increase access to health insurance.
Secs. 6-10. (Deleted by amendment.)
Sec. 11. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 12. This act becomes effective on July 1, 2017.
________
Senate Bill No. 163Senator Farley
Joint Sponsor: Assemblyman Araujo
CHAPTER 247
[Approved: May 31, 2017]
AN ACT relating to professional entities; prohibiting owners of certain professional entities from engaging in certain acts relating to the professional services provided by persons engaged in the practice of medicine, homeopathic medicine, osteopathic medicine or psychology; revising provisions governing the formation of professional entities to provide specific types of professional services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a professional entity may be organized only for the purpose of rendering one specific type of professional service. Existing law also provides certain exceptions to the requirement that a professional entity only provide one type of professional service. (NRS 89.050) Section 2 of this bill expands the exception of forming a professional entity for the provision of services relating to medicine, homeopathy and osteopathy to include services relating to the practice of psychology. Such a professional entity may be composed of persons engaged in the practice of medicine, homeopathic medicine, osteopathic medicine and psychology. Section 1 of this bill prohibits an owner of such a professional entity from engaging in certain acts relating to the professional services provided by persons engaged in those professions, including an act that interferes with the professional judgment of such persons.
κ2017 Statutes of Nevada, Page 1303 (CHAPTER 247, SB 163)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 89 of NRS is hereby amended by adding thereto a new section to read as follows:
An owner of a professional entity organized pursuant to paragraph (b) of subsection 2 of NRS 89.050 shall not:
1. Create a policy or contract, written or otherwise, to restrict or prohibit the good faith communication between a patient and a person licensed pursuant to chapter 630, 630A, 633 or 641 of NRS, concerning the patients medical records, health care, risks or benefits of such health care or treatment options.
2. Influence or interfere with the professional judgment of a person licensed pursuant to chapter 630, 630A, 633 or 641 of NRS, including, without limitation, the professional judgment of such a person concerning:
(a) The care of a patient;
(b) The custodian of the medical records of a patient;
(c) Employment decisions, including hiring or terminating an employee; or
(d) Coding or billing procedures.
3. Terminate a contract or refuse to renew a contract with a person licensed pursuant to 630, 630A, 633 or 641 of NRS because the person:
(a) Advocates on behalf of a patient in private or public;
(b) Assists a patient in seeking reconsideration of a denial of coverage of health care services; or
(c) Reports a violation of law to an appropriate authority.
4. Require a person licensed pursuant to chapter 630, 630A, 633 or 641 of NRS to:
(a) Provide professional services to a specified number of patients within a particular amount of time; or
(b) Work a certain number of hours in a specified period of time.
5. Require a person licensed pursuant to chapter 630, 630A, 633 or 641 of NRS to obtain the approval or review of a contract by a third party, including, without limitation, a provider of insurance.
Sec. 2. NRS 89.050 is hereby amended to read as follows:
89.050 1. Except as otherwise provided in subsection 2, a professional entity may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional entity may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.
κ2017 Statutes of Nevada, Page 1304 (CHAPTER 247, SB 163)κ
2. A professional entity may be organized to render a professional service relating to:
(a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:
(1) Engaged in the practice of architecture as provided in chapter 623 of NRS;
(2) Practicing as a registered interior designer as provided in chapter 623 of NRS;
(3) Engaged in the practice of residential design as provided in chapter 623 of NRS;
(4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and
(5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.
(b) Medicine, homeopathy , [and] osteopathy [,] and psychology, or any combination thereof, and may be composed of persons engaged in the practice of [medicine] :
(1) Medicine as provided in chapter 630 of NRS [, persons engaged in the practice of homeopathic] ;
(2) Homeopathic medicine as provided in chapter 630A of NRS [and persons engaged in the practice of osteopathic] ;
(3) Osteopathic medicine as provided in chapter 633 of NRS [.] ; and
(4) Psychology and licensed to provide services pursuant to chapter 641 of NRS.
Κ Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to medicine, homeopathy , [and] osteopathy [.] and psychology.
(c) Mental health services, and may be composed of the following persons, in any number and in any combination:
(1) Any psychologist who is licensed to practice in this State;
(2) Any social worker who holds a masters degree in social work and who is licensed by this State as a clinical social worker;
(3) Any registered nurse who is licensed to practice professional nursing in this State and who holds a masters degree in the field of psychiatric nursing;
(4) Any marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS; and
(5) Any clinical professional counselor who is licensed by this State pursuant to chapter 641A of NRS.
Κ Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to mental health services pursuant to this paragraph.
3. A professional entity may render a professional service only through its officers, managers and employees who are licensed or otherwise authorized by law to render the professional service.
________
κ2017 Statutes of Nevada, Page 1305κ
Senate Bill No. 255Senator Denis
CHAPTER 248
[Approved: May 31, 2017]
AN ACT relating to common-interest communities; revising the manner in which an association is required to provide notice of a change in the governing documents of the association; revising provisions governing the cancellation of a resale of a home or unit in a common-interest community; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes the manner in which a unit-owners association must generally provide certain notices to a units owner when the manner of notice is not otherwise specified by another particular statutory provision. (NRS 116.31068) Existing law further sets forth specific methods which are required for delivery of a copy of a change to the governing documents of an association. (NRS 116.12065) Section 1 of this bill eliminates the specific methods of delivery in this provision, thus providing for the delivery of a copy of a change to the governing documents of an association in the manner generally required under other provisions of law. (NRS 116.31068)
Existing law requires an owner of a home or unit in a common-interest community or his or her authorized agent to furnish a purchaser of the home or unit in a resale transaction with certain information, included in a resale package. Existing law also requires a purchaser of a home or unit in a common-interest community to hand-deliver or mail to the units owner or his or her authorized agent a notice of cancellation of the contract of purchase. (NRS 116.4109) Section 1.5 of this bill authorizes the purchaser to deliver a notice of cancellation by electronic transmission.
Section 2 of this bill amends existing law to add to the information statement provided as part of a purchase of a unit in a common-interest community a statement relating to a purchasers option to deliver a notice of cancellation of a contract of purchase by electronic transmission. (NRS 116.41095)
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 116.12065 is hereby amended to read as follows:
116.12065 If any change is made to the governing documents of an association, the secretary or other officer specified in the bylaws of the association shall, within 30 days after the change is made, prepare and cause to be [hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner,] delivered a copy of the change that was made.
Sec. 1.5. NRS 116.4109 is hereby amended to read as follows:
116.4109 1. Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a units owner or his or her authorized agent shall, at the expense of the units owner, furnish to a purchaser a resale package containing all of the following:
κ2017 Statutes of Nevada, Page 1306 (CHAPTER 248, SB 255)κ
(a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.
(b) A statement from the association setting forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorneys fees currently due from the selling units owner.
(c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152.
(d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the units owner has actual knowledge.
(e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit.
(f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.
2. The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the units owner or his or her authorized agent , [or] mail the notice of cancellation by prepaid United States mail to the units owner or his or her authorized agent [.] or deliver the notice of cancellation by electronic transmission to the units owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:
(a) Cancel the contract pursuant to this subsection; or
(b) Damages, rescission or other relief based solely on the ground that the units owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.
3. Within 10 days after receipt of a written request by a units owner or his or her authorized agent, the association shall furnish all of the following to the units owner or his or her authorized agent for inclusion in the resale package:
(a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and
(b) A certificate containing the information necessary to enable the units owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.
4. If the association furnishes the documents and certificate pursuant to subsection 3:
κ2017 Statutes of Nevada, Page 1307 (CHAPTER 248, SB 255)κ
(a) The units owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the units owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.
(b) The association may charge the units owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.
(c) The other documents furnished pursuant to subsection 3 must be provided in electronic format to the units owner. The association may charge the units owner a fee, not to exceed $20, to provide such documents in electronic format. If the association is unable to provide such documents in electronic format, the association may charge the units owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.
(d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the units owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.
5. Neither a purchaser nor the purchasers interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 days allowed by this section, the purchaser is not liable for the delinquent assessment.
6. Upon the request of a units owner or his or her authorized agent, or upon the request of a purchaser to whom the units owner has provided a resale package pursuant to this section or his or her authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the units owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.
7. A units owner, the authorized agent of the units owner or the holder of a security interest on the unit may request a statement of demand from the association. Not later than 10 days after receipt of a written request from the units owner, the authorized agent of the units owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement. The association may charge a fee of not more than $150 to prepare and furnish a statement of demand pursuant to this subsection and an additional fee of not more than $100 to furnish a statement of demand within 3 days after receipt of a written request for a statement of demand. The statement of demand:
(a) Must set forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorneys fees currently due from the selling units owner; and
κ2017 Statutes of Nevada, Page 1308 (CHAPTER 248, SB 255)κ
(b) Remains effective for the period specified in the statement of demand, which must not be less than 15 business days after the date of delivery by the association to the units owner, the authorized agent of the units owner or the holder of a security interest on the unit, whichever is applicable.
8. If the association becomes aware of an error in a statement of demand furnished pursuant to subsection 7 during the period in which the statement of demand is effective but before the consummation of a resale for which a resale package was furnished pursuant to subsection 1, the association must deliver a replacement statement of demand to the person who requested the statement of demand. Unless the person who requested the statement of demand receives a replacement statement of demand, the person may rely upon the accuracy of the information set forth in the statement of demand provided by the association for the resale. Payment of the amount set forth in the statement of demand constitutes full payment of the amount due from the selling units owner.
Sec. 2. NRS 116.41095 is hereby amended to read as follows:
116.41095 The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form:
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .
1. YOU GENERALLY HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT?
When you enter into a purchase agreement to buy a home or unit in a common-interest community, in most cases you should receive either a public offering statement, if you are the original purchaser of the home or unit, or a resale package, if you are not the original purchaser. The law generally provides for a 5-day period in which you have the right to cancel the purchase agreement. The 5-day period begins on different starting dates, depending on whether you receive a public offering statement or a resale package. Upon receiving a public offering statement or a resale package, you should make sure you are informed of the deadline for exercising your right to cancel. In order to exercise your right to cancel, the law generally requires that you hand deliver the notice of cancellation to the seller within the 5-day period, or mail the notice of cancellation to the seller by prepaid United States mail within the 5-day period. Alternatively, if you are not the original purchaser and received a resale package, you may deliver the notice of cancellation by electronic transmission to the seller within the 5-day period in order to exercise your right to cancel. For more information regarding your right to cancel, see Nevada Revised Statutes 116.4108, if you received a public offering statement, or Nevada Revised Statutes 116.4109, if you received a resale package.
2. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions. The CC&Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you.
κ2017 Statutes of Nevada, Page 1309 (CHAPTER 248, SB 255)κ
had them explained to you. The CC&Rs, together with other governing documents (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by CC&Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the CC&Rs, and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you. Certain provisions in the CC&Rs and other governing documents may be superseded by contrary provisions of chapter 116 of the Nevada Revised Statutes. The Nevada Revised Statutes are available at the Internet address http://www.leg.state.nv.us/nrs/.
3. YOU WILL HAVE TO PAY OWNERS ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners association. The obligation to pay these assessments binds you and every future owner of the property. Owners fees are usually assessed by the homeowners association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the common elements of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to provide adequate funding for reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.
4. IF YOU FAIL TO PAY OWNERS ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the associations costs and attorneys fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.
5. YOU MAY BECOME A MEMBER OF A HOMEOWNERS ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities have a homeowners association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community.
κ2017 Statutes of Nevada, Page 1310 (CHAPTER 248, SB 255)κ
executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional community managers to carry out these responsibilities.
Homeowners associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the CC&Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If you have a dispute with the association, its executive board or other governing bodies, you may be able to resolve the dispute through the complaint, investigation and intervention process administered by the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, the Nevada Real Estate Division and the Commission for Common-Interest Communities and Condominium Hotels. However, to resolve some disputes, you may have to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, you may have to file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the associations cost in defending against your claim.
6. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide a prospective purchaser of your property with a copy of the communitys governing documents,
κ2017 Statutes of Nevada, Page 1311 (CHAPTER 248, SB 255)κ
including the CC&Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the associations current year-to-date financial statement, including, without limitation, the most recent audited or reviewed financial statement, a copy of the associations operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. For more information regarding these requirements, see Nevada Revised Statutes 116.4109.
7. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:
(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.
(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
(c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.
(d) To inspect, examine, photocopy and audit financial and other records of the association.
(e) To be notified of all changes in the communitys rules and regulations and other actions by the association or board that affect you.
8. QUESTIONS?
Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, Nevada Real Estate Division, at (telephone number).
Buyer or prospective buyers initials:_____
Date:_____
Sec. 3. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1312κ
Senate Bill No. 311Senator Settelmeyer
CHAPTER 249
[Approved: May 31, 2017]
AN ACT relating to sellers of travel; making permanent the repeal of provisions requiring certain sellers of travel to register and deposit security with the Consumer Affairs Division of the Department of Business and Industry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The 75th Session of the Nevada Legislature temporarily repealed the requirement that certain sellers of travel register and deposit security with the Consumer Affairs Division of the Department of Business and Industry. (Section 77 of chapter 475, Statutes of Nevada 2009, p. 2732) Existing law provides for such provisions to become effective July 1, 2017. (Section 16 of chapter 528, Statutes of Nevada 2015, p. 3653) This bill provides that such provisions are permanently repealed.
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 598.0999 is hereby amended to read as follows:
598.0999 1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.
2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorneys fees and costs.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
κ2017 Statutes of Nevada, Page 1313 (CHAPTER 249, SB 311)κ
Κ The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.
4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, [598.305 to 598.395, inclusive,] 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this State; or
(b) If the defendant is a corporation, dissolution of the corporation.
Κ The court may grant or deny the relief sought or may order other appropriate relief.
6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this State; or
(b) If the defendant is a corporation, dissolution of the corporation.
Κ The court may grant or deny the relief sought or may order other appropriate relief.
Sec. 2. Section 77 of chapter 475, Statutes of Nevada 2009, as amended by chapter 528, Statutes of Nevada 2015, at page 3652, is hereby amended to read as follows:
Sec. 77. 1. NRS 487.535, 487.568, 487.570, 487.602, 597.480, 597.490, 597.500, 597.510, 597.520, 597.530, 597.535, 597.540, 597.550, 597.560, 597.570, 597.5701, 597.5702, 597.5703, 597.5704, 597.5705, 597.5706, 597.580, 597.590, 598.305, 598.307, 598.315, 598.317, 598.325, 598.335, 598.345, 598.356, 598.361, 598.365, 598.366, 598.367, 598.371, 598.372, 598.373, 598.374, 598.375, 598.385, 598.395, 598.971, 598.975, 598.981, 598.985 and 598.990 are hereby repealed.
2. NRS [598.305, 598.307, 598.315, 598.317, 598.325, 598.335, 598.345, 598.356, 598.361, 598.365, 598.366, 598.367, 598.371, 598.372, 598.373, 598.374, 598.375, 598.385, 598.395,] 598.405,
κ2017 Statutes of Nevada, Page 1314 (CHAPTER 249, SB 311)κ
598.416, 598.425, 598.435, 598.445, 598.455, 598.465, 598.471, 598.485, 598.495, 598.506, 598.515, 598.525, 598.845, 598.851, 598.855, 598.860, 598.865, 598.915, 598.9407, 598.9413, 598.944, 598.946, 598C.030, 598C.180, 599B.015, 599B.080, 599B.090, 599B.100, 599B.105, 599B.110, 599B.115, 599B.120, 599B.125, 599B.130, 599B.140, 599B.143, 599B.145 and 599B.195 are hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 422Senator Manendo
CHAPTER 250
[Approved: May 31, 2017]
AN ACT relating to regional planning; authorizing the regional planning coalition in certain counties to designate the regional transportation commission to administer the comprehensive regional policy plan; eliminating the Southern Nevada Regional Planning Coalition; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that in a county whose population is 700,000 or more, (currently Clark County) the board of county commissioners and the city council of each of at least the three largest cities in the county must establish a regional planning coalition by cooperative agreement. (NRS 278.02514) Existing law requires such a regional planning coalition to develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. (NRS 278.02528) Section 1 of this bill provides that the regional planning coalition may designate that the regional transportation commission to administer such a plan.
Existing law creates and set forth the duties of the Southern Nevada Regional Planning Coalition. (Sections 3-16 of chapter 489, Statutes of Nevada 1999, pp. 2531-33) Section 2 of this bill eliminates the Coalition.
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 278.02528 is hereby amended to read as follows:
278.02528 1. The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
κ2017 Statutes of Nevada, Page 1315 (CHAPTER 250, SB 422)κ
2. In developing the plan, the coalition:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.
(2) Population, including, without limitation, standardized projections for population growth in the region.
(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region, and that the plan addresses, 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 each military installation in the region, taking into account the location, purpose and stated mission of the military installation.
(4) Transportation.
(5) The efficient provision of public facilities and services, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in established neighborhoods;
(II) The preservation of historic neighborhoods; and
(III) Development in areas in which public services are available.
3. The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and
(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to NRS 278.02514.
4. The regional planning coalition may designate the regional transportation commission to administer the comprehensive regional policy plan.
Sec. 2. Sections 3 to 16, inclusive, of the Southern Nevada Regional Planning Coalition Act are hereby repealed.
Sec. 3. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1316κ
Senate Bill No. 462Committee on Government Affairs
CHAPTER 251
[Approved: May 31, 2017]
AN ACT relating to general improvement districts; authorizing a board of county commissioners to create a committee to review general improvement districts in the county; establishing certain requirements for such a committee; requiring a general improvement district to submit certain requested information to such a committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the creation and administration of general improvement districts in this State. (Chapter 318 of NRS) Section 2 of this bill authorizes a board of county commissioners to create a committee to review the existing general improvement districts in the county to determine if the districts should be continued, modified, consolidated, merged or dissolved. Section 2 also provides that such a committee must consist of: (1) three members appointed by the board of county commissioners, including a member of the Senate who represents the county and a member of the Assembly who represents the county; and (2) two additional members, one appointed by the member of the Senate and one appointed by the member of the Assembly. Section 2 further establishes procedures and qualifications relating to the members of the committee other than the member of the Senate and member of the Assembly, including that: (1) the board of county commissioners must solicit and accept applications for such members of the committee; (2) the members will serve for 1 year, but may be reappointed; (3) the members must be a resident of the county; and (4) not more than one member of a committee may be a member of the same board of trustees of a general improvement district.
Section 3 of this bill requires such a committee to conduct public hearings on whether a general improvement district should be continued, modified, consolidated, merged or dissolved and places the burden of proof on the general improvement district to establish that there is a public need for its continued existence. Section 3 also limits such a committee to reviewing not more than six general improvement districts in a county per year. Section 3 further requires each committee to submit a report to the Legislative Commission each year regarding the activities and findings of the committee. Section 4 of this bill sets forth certain information that each general improvement district under review by a committee may be required to provide to the committee.
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 the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A board of county commissioners may create a committee to review existing general improvement districts in the county to determine if any district should be continued, modified, consolidated, merged or dissolved.
κ2017 Statutes of Nevada, Page 1317 (CHAPTER 251, SB 462)κ
2. A committee created pursuant to subsection 1 must consist of five members, which must include:
(a) A member of the Senate who represents the county, who shall serve as the chair of the committee and must be appointed by the board of county commissioners;
(b) A member of the Assembly who represents the county, who shall serve as the vice chair of the committee and must be appointed by the board of county commissioners;
(c) One other member appointed by the board of county commissioners;
(d) One member appointed by the member of the Senate appointed to the committee pursuant to paragraph (a); and
(e) One member appointed by the member of the Assembly appointed to the committee pursuant to paragraph (b).
3. If a board of county commissioners creates a committee pursuant to subsection 1, the board must solicit and accept applications for persons to apply for appointment pursuant to paragraphs (c), (d) and (e) of subsection 2. A person who is appointed to the committee pursuant to paragraph (c), (d) or (e) of subsection 2 serves on the committee for 1 year, but may submit an application to be reappointed.
4. To be eligible to serve on a committee as a member appointed pursuant to paragraph (c), (d) or (e) of subsection 2, a person must:
(a) Submit an application to the board of county commissioners; and
(b) Be a resident of the county.
5. Except as otherwise provided in this subsection, a resident of the county who is a member of the board of trustees of a general improvement district in the county may be appointed to the committee pursuant to paragraph (c), (d) or (e) of subsection 2. Not more than one member of a committee created pursuant to subsection 1 may be a member of the board of trustees of the same general improvement district.
6. A member of the committee is not entitled to be compensated or reimbursed for travel or other expenses relating to any duties as a member of the committee.
7. The membership of any member of the committee who is a Legislator and who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election.
8. A vacancy on the committee must be filled in the same manner as the original appointment.
Sec. 3. 1. A committee created pursuant to section 2 of this act shall:
(a) Meet at the times and places specified by a call of the Chair;
(b) Conduct public hearings for the purpose of reviewing and obtaining comments on the need for the continuance, modification, consolidation, merger or dissolution of one or more general improvement districts in the county;
(c) Review not more than six general improvement districts in the county per year; and
κ2017 Statutes of Nevada, Page 1318 (CHAPTER 251, SB 462)κ
(d) On or before July 1 of each year, submit a report to the Legislative Commission concerning the activities and findings of the committee during that year.
2. A general improvement district has the burden of proving that there is a public need for its continued existence.
3. If a general improvement district includes territory within two or more counties, a committee created by the board of county commissioners with the authority to supervise the district pursuant to NRS 318.050 has the authority to review that general improvement district pursuant to subsection 1.
Sec. 4. Each general improvement district subject to review by a committee created pursuant to section 2 of this act shall submit any information requested to the committee. The information requested by the committee may include, without limitation:
1. The name of the general improvement district;
2. The name of each member of the board of trustees of the general improvement district;
3. The address of the Internet website established and maintained by the general improvement district, if any;
4. A list of the staff of the general improvement district;
5. The governing structure of the general improvement district, including, without limitation, information concerning the method, terms, qualifications and conditions of appointment and removal of the members of the board trustees;
6. The operating budget of the general improvement district;
7. A statement setting forth the incomes and expenses of the general improvement district for at least 3 years immediately preceding the date on which the district submits the information required by this section;
8. The most recent audit conducted of the general improvement district, if any;
9. The dates of the immediately preceding six meetings held by the board of trustees of the general improvement district; and
10. Any other information the committee may require.
Sec. 5. 1. This act becomes effective on July 1, 2017.
2. This act expires by limitation on June 30, 2021.
________
κ2017 Statutes of Nevada, Page 1319κ
Senate Bill No. 476Committee on Judiciary
CHAPTER 252
[Approved: May 31, 2017]
AN ACT relating to common-interest communities; requiring certain members of the Commission for Common-Interest Communities and Condominium Hotels to reside in a unit within this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Commission for Common-Interest Communities and Condominium Hotels to administer and regulate common-interest communities and condominium hotels. Existing law requires the Governor to appoint seven members to the Commission. Further, existing law requires that one member of the Commission be a unit owner residing in this State and who has served as a member of an executive board in this State. Existing law also requires that two members of the Commission be unit owners residing in this State but who are not required to have served as members of an executive board. (NRS 116.600) This bill additionally requires certain members of the Commission to reside in a unit within 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. NRS 116.600 is hereby amended to read as follows:
116.600 1. The Commission for Common-Interest Communities and Condominium Hotels is hereby created.
2. The Commission consists of seven members appointed by the Governor. The Governor shall appoint to the Commission:
(a) One member who is a units owner residing in a unit within this State and who has served as a member of an executive board in this State;
(b) Two members who are units owners [residing] , each of whom resides in a unit within this State , but who are not required to have served as members of an executive board;
(c) One member who is in the business of developing common-interest communities in this State;
(d) One member who holds a certificate;
(e) One member who is a certified public accountant licensed to practice in this State pursuant to the provisions of chapter 628 of NRS; and
(f) One member who is an attorney licensed to practice in this State.
3. Each member of the Commission must be a resident of this State. At least four members of the Commission must be residents of a county whose population is 700,000 or more.
4. Each member of the Commission must have resided in a common-interest community or have been actively engaged in a business or profession related to common-interest communities for not less than 3 years immediately preceding the date of the members appointment.
κ2017 Statutes of Nevada, Page 1320 (CHAPTER 252, SB 476)κ
5. After the initial terms, each member of the Commission serves a term of 3 years. Each member may serve not more than two consecutive full terms. If a vacancy occurs during a members term, the Governor shall appoint a person qualified under this section to replace the member for the remainder of the unexpired term.
6. While engaged in the business of the Commission, each member is entitled to receive:
(a) A salary of not more than $80 per day, as established by the Commission; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 2. The amendatory provisions of this act do not affect the current term of appointment of any person who, on October 1, 2017, is a member of the Commission for Common-Interest Communities and Condominium Hotels.
________
Senate Bill No. 515Committee on Judiciary
CHAPTER 253
[Approved: May 31, 2017]
AN ACT relating to state financial administration; revising provisions governing the deposit and use of certain money received by the Administrator of the Securities Division of the Office of the Secretary of State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires all money received by the Securities Division of the Office of the Secretary of State to be deposited in the State General Fund. (NRS 90.710) Existing law also requires that all money received by the Administrator of the Securities Division as the result of an enforcement action relating to securities be deposited in the State General Fund for credit to the Secretary of States Operating General Fund Budget Account. (NRS 90.630, 90.650, 90.851) The money in the Account is authorized to be used only to pay the expenses of the Office of the Secretary of State with respect to investigations and enforcement actions relating to securities, educational programs relating to the operations of the Office and other legislatively approved purposes. (NRS 90.851) This bill requires that the money received by the Administrator as the result of an enforcement action relating to securities or any other reason be deposited in the State General Fund for unrestricted use in the same manner as all other money received by the Division.
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 90.630 is hereby amended to read as follows:
90.630 1. If the Administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that:
κ2017 Statutes of Nevada, Page 1321 (CHAPTER 253, SB 515)κ
(a) The sale of a security is subject to registration under this chapter and the security is being offered or has been offered or sold by the issuer or another person in violation of NRS 90.460; or
(b) A person is acting as a broker-dealer or investment adviser in violation of NRS 90.310 or 90.330,
Κ the Administrator, in addition to any specific power granted under this chapter and subject to compliance with the requirements of NRS 90.820, may issue, without a prior hearing, a summary order against the person engaged in the prohibited activities, directing the person to desist and refrain from further activity until the security is registered or the person is licensed under this chapter. The summary order to cease and desist must state the section of this chapter or regulation or order of the Administrator under this chapter which the Administrator reasonably believes has been or is being violated.
2. If the Administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that a person has violated this chapter or a regulation or order of the Administrator under this chapter, the Administrator, in addition to any specific power granted under this chapter, after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding, unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:
(a) Issue an order against the person to cease and desist;
(b) Censure the person if he or she is a licensed broker-dealer, sales representative, investment adviser or representative of an investment adviser;
(c) Bar or suspend the person from association with a licensed broker-dealer or investment adviser in this State;
(d) Issue an order against an applicant, licensed person or other person who willfully violates this chapter, imposing a civil penalty of not more than $25,000 for each violation or, if the violation was committed against an older person or vulnerable person, a civil penalty equal to twice the amount of the civil penalty that would otherwise have been imposed pursuant to this paragraph, not to exceed $50,000 for each violation; or
(e) Initiate one or more of the actions specified in NRS 90.640.
3. If the person to whom the notice is addressed pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, the person waives the right to a hearing and the Administrator shall issue a permanent order. If a hearing is requested, the Administrator shall set the matter for hearing not less than 15 days nor more than 60 days after the Administrator receives the request for a hearing. The Administrator shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.
4. Imposition of the sanctions under this section is limited as follows:
(a) If the Administrator revokes the license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser or bars a person from association with a licensed broker-dealer or investment adviser under this section or NRS 90.420, the imposition of that sanction precludes imposition of a civil penalty under subsection 2; and
(b) The imposition by the Administrator of one or more sanctions under subsection 2 with respect to a specific violation precludes the Administrator from later imposing any other sanctions under paragraphs (a) to (d), inclusive, of subsection 2 with respect to the violation.
κ2017 Statutes of Nevada, Page 1322 (CHAPTER 253, SB 515)κ
5. For the purposes of determining any sanction to be imposed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, the Administrator shall consider, among other factors, the frequency and persistence of the conduct constituting a violation of this chapter, or a regulation or order of the Administrator under this chapter, the number of persons adversely affected by the conduct and the resources of the person committing the violation.
6. If a sanction is imposed pursuant to this section, reimbursement for the costs of the proceeding, including investigative costs and attorneys fees incurred, may be ordered and recovered by the Administrator. Money recovered for reimbursement of the investigative costs and attorneys fees must be deposited [in] with the State Treasurer for credit to the State General Fund . [for credit to the Secretary of States Operating General Fund Budget Account.]
7. As used in this section:
(a) Older person has the meaning ascribed to it in NRS 200.5092.
(b) Vulnerable person has the meaning ascribed to it in NRS 200.5092.
Sec. 2. NRS 90.650 is hereby amended to read as follows:
90.650 1. A person who willfully violates:
(a) A provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing that the statement made is false or misleading in any material respect;
(b) A regulation adopted pursuant to this chapter; or
(c) An order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator pursuant to this chapter,
Κ is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, or by a fine of not more than $500,000, or by both fine and imprisonment, for each violation. In addition to any other penalty, the court shall order the person to pay restitution and may order the person to repay the costs of investigation and prosecution incurred by the Division and the Office of the Attorney General. If the violation was committed against an older person or vulnerable person, any restitution and costs of investigation and prosecution imposed by the court must be in an amount equal to twice the amount that would otherwise have been imposed by the court. Money recovered for reimbursement of the costs of investigation and prosecution must be deposited [in] with the State Treasurer for credit to the State General Fund . [for credit to the Secretary of States Operating General Fund Budget Account.]
2. A person convicted of violating a regulation or order under this chapter may be fined, but must not be imprisoned, if the person proves lack of knowledge of the regulation or order.
3. This chapter does not limit the power of the State to punish a person for conduct which constitutes a crime under other law.
4. As used in this section:
(a) Older person has the meaning ascribed to it in NRS 200.5092.
(b) Vulnerable person has the meaning ascribed to it in NRS 200.5092.
κ2017 Statutes of Nevada, Page 1323 (CHAPTER 253, SB 515)κ
Sec. 3. NRS 90.710 is hereby amended to read as follows:
90.710 1. This chapter must be administered by the Secretary of State and the Administrator. The Secretary of State may employ personnel necessary to administer the provisions of this chapter.
2. All money received by the Division or the Administrator pursuant to this chapter must be deposited [in] with the State Treasurer for credit to the State General Fund.
Sec. 4. NRS 90.851 is hereby repealed.
Sec. 5. As soon as practicable on or after July 1, 2017, the State Controller shall transfer the unexpended balance, if any, remaining on June 30, 2017, in the Secretary of States Operating General Fund Budget Account in the State General Fund to the State General Fund for unrestricted State General Fund use.
Sec. 6. This act becomes effective on July 1, 2017.
________
Senate Bill No. 510Committee on Health and Human Services
CHAPTER 254
[Approved: May 31, 2017]
AN ACT relating to public welfare; revising the eligibility requirements for a child to receive assistance from the Kinship Guardianship Assistance Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Kinship Guardianship Assistance Program to provide financial incentives to a relative who becomes the legal guardian of a child in foster care. (NRS 432B.621-432B.626) This bill eliminates the requirement that a child must 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 for not less than 6 months as a condition to receiving assistance pursuant to the Program. This bill also clarifies that the relative with whom the child resides must be a licensed provider of foster 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 432B.623 is hereby amended to read as follows:
432B.623 1. As a condition to the provision of assistance pursuant to the Program:
κ2017 Statutes of Nevada, Page 1324 (CHAPTER 254, SB 510)κ
(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] resided with [the] a 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; and
(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 foster care [as defined in NRS 424.017;] who is licensed by a licensing authority pursuant to NRS 424.030;
(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; and
(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. In such a case, payments may be made for the sibling so placed as if the sibling is eligible for the Program.
Sec. 2. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 1325κ
Senate Bill No. 466Committee on Commerce, Labor and Energy
CHAPTER 255
[Approved: May 31, 2017]
AN ACT relating to Oriental medicine; exempting certain physicians from the provisions governing Oriental medicine; providing that members of the State Board of Oriental Medicine serve at the pleasure of the Governor; revising the membership of the Board; requiring the Board to submit a biannual report to the Sunset Subcommittee of the Legislative Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) prescribes requirements concerning the practice of Oriental medicine in this State; and (2) establishes the State Board of Oriental Medicine to regulate the practice of Oriental medicine. (Chapter 634A of NRS) This bill makes various changes recommended by the Sunset Subcommittee of the Legislative Commission. (NRS 232B.210-232B.250) Section 1 of this bill exempts persons licensed as allopathic or osteopathic physicians from regulation under the provisions governing Oriental medicine. Section 2 of this bill provides that the members of the Board serve at the pleasure of the Governor, authorizing the Governor to remove a member of the Board with or without cause. Sections 2 and 3 of this bill require the Governor to appoint to the Board two new members, one of whom must be a licensed practitioner of Oriental medicine and the other of whom must be a representative of an approved school or college of Oriental medicine in this State. Section 4 of this bill requires the Board to submit to the Sunset Subcommittee a biannual report containing certain information relating to the proceedings and duties of the Board.
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 634A.025 is hereby amended to read as follows:
634A.025 1. This chapter does not apply to Oriental physicians who are called into this State for consultation.
2. This chapter does not apply to a practitioner of acupuncture:
(a) Who is employed by an accredited school of Oriental medicine located in this State;
(b) Who is licensed to practice acupuncture in another state or jurisdiction; and
(c) Whose practice of acupuncture in this State:
(1) Is limited to teaching, supervising or demonstrating the methods and practices of acupuncture to students in a clinical setting; and
(2) Does not involve the acceptance of payment from any patient for services relating to his or her practice of acupuncture.
3. This chapter does not apply to a physician who is licensed pursuant to chapter 630 or 633 of NRS.
4. This chapter does not prohibit:
(a) Gratuitous services of druggists or other persons in cases of emergency.
(b) The domestic administration of family remedies.
κ2017 Statutes of Nevada, Page 1326 (CHAPTER 255, SB 466)κ
(c) Any person from assisting any person in the practice of the healing arts licensed under this chapter, except that such person may not insert needles into the skin or prescribe herbal medicine.
[4.] 5. For the purposes of this section, accredited school of Oriental medicine means a school that has received at least candidacy status for institutional accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine, or its successor organization.
Sec. 2. NRS 634A.030 is hereby amended to read as follows:
634A.030 1. The State Board of Oriental Medicine, consisting of [five] seven members appointed by the Governor, is hereby created.
2. Each member of the Board shall, before entering upon the duties of office, take the oath of office prescribed by the Constitution before someone qualified to administer oaths.
3. The members of the Board serve at the pleasure of the Governor.
Sec. 3. NRS 634A.040 is hereby amended to read as follows:
634A.040 1. The Governor shall appoint [three] four members to the Board who:
(a) Have a license issued pursuant to this chapter;
(b) Currently engage in the practice of Oriental medicine in this State, and have engaged in the practice of Oriental medicine in this State for at least 3 years preceding appointment to the Board;
(c) Are citizens of the United States; and
(d) Are residents of the State of Nevada and have been for at least 1 year preceding appointment to the Board.
2. The Governor shall appoint one member to the Board who:
(a) Is licensed pursuant to chapter 630 of NRS by the Board of Medical Examiners as a physician;
(b) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;
(c) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;
(d) Is a citizen of the United States; and
(e) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.
3. The Governor shall appoint one member to the Board who:
(a) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;
(b) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;
(c) Is a citizen of the United States; and
(d) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.
4. The Governor shall appoint one member to the Board who represents a school or college of Oriental medicine whose establishment has been approved by the Board pursuant to NRS 634A.090.
Sec. 4. On or before December 31, 2017, and every 6 months thereafter, the State Board of Oriental Medicine shall submit to the Sunset Subcommittee of the Legislative Commission a report, which must include:
1. The minutes of each meeting of the Board held in the immediately preceding 6 months;
2. Details concerning the examination and licensing of applicants for licensure pursuant to chapter 634A of NRS, including the number of applicants who took an examination within the immediately preceding 6 months and the number of applicants who were issued a license within that period;
κ2017 Statutes of Nevada, Page 1327 (CHAPTER 255, SB 466)κ
applicants who took an examination within the immediately preceding 6 months and the number of applicants who were issued a license within that period;
3. The name of any school or college of Oriental medicine whose establishment has been approved by the Board pursuant to NRS 634A.090 within the immediately preceding 6 months;
4. A description of any curriculum of a school or college of Oriental medicine that has been approved by the Board pursuant to NRS 634A.090 within the immediately preceding 6 months;
5. Information relating to the oversight of persons licensed pursuant to chapter 634A of NRS, including the number of inspections conducted by a member or agent of the Board pursuant to NRS 634A.083 during the immediately preceding 6 months, a summary of any violations discovered during those inspections and, for each disciplinary action that was imposed during that period, a description of the violation and the disciplinary action imposed; and
6. Any other information requested by the Sunset Subcommittee.
Sec. 5. 1. As soon as practicable after October 1, 2017, the Governor shall appoint to the State Board of Oriental Medicine one member described in subsection 1 of NRS 634A.040, as amended by section 3 of this act, and the member described in subsection 4 of that section.
2. The provisions of subsection 3 of NRS 634A.030, as amended by section 2 of this act, apply to the members of the State Board of Oriental Medicine who hold office on October 1, 2017, and to any member appointed to the Board on or after that date.
Sec. 6. Section 4 of this act expires by limitation on January 1, 2019.
________
Senate Bill No. 125Senator Ford
Joint Sponsor: Assemblyman Frierson
CHAPTER 256
[Approved: May 31, 2017]
AN ACT relating to criminal records; revising provisions governing the sealing of the criminal records of a person; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a person to petition the court in certain circumstances for the sealing of all records of criminal history relating to a conviction of a crime. (NRS 179.245) Section 4 of this bill revises the waiting period for a person convicted of certain crimes before being authorized to petition the court for sealing of his or her records of criminal history relating to the conviction.
κ2017 Statutes of Nevada, Page 1328 (CHAPTER 256, SB 125)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 1-3. (Deleted by amendment.)
Sec. 4. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A [or B] felony , a crime of violence or a burglary of a residence, after [15] 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) [A] Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after [12] 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after [7] 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after [5] 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, [other than a felony,] a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; [or]
(f) Except as otherwise provided in paragraph (e), a misdemeanor for battery pursuant to NRS 200.481, a misdemeanor for harassment, a misdemeanor for stalking or a misdemeanor for a violation of a temporary or extended order for protection against harassment or stalking, 2 years after the date of release from actual custody or after the date when the person is no longer under a suspended sentence, whichever occurs later; or
(g) Any other misdemeanor after [2 years] 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioners current, verified records received from:
(1) The Central Repository for Nevada Records of Criminal History; and
(2) All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;
(b) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
κ2017 Statutes of Nevada, Page 1329 (CHAPTER 256, SB 125)κ
(d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain; and
(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.
3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation [, the California Bureau of Criminal Identification and Information] and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
5. A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(d) A violation of NRS 484C.430;
(e) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
(f) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
(g) A violation of NRS 488.420 or 488.425.
6. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
7. As used in this section [:] , unless the context otherwise requires:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Crime of violence means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
(c) Harassment means a violation of NRS 200.571.
κ2017 Statutes of Nevada, Page 1330 (CHAPTER 256, SB 125)κ
(d) Residence means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.
(e) Sexual offense means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human body pursuant to NRS 201.450.
(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
(17) An attempt to commit an offense listed in this paragraph.
(f) Stalking means a violation of NRS 200.575.
Secs. 5, 5.5 and 6-12. (Deleted by amendment.)
________
κ2017 Statutes of Nevada, Page 1331κ
Senate Bill No. 165Senator Denis
Joint Sponsor: Assemblyman Oscarson
CHAPTER 257
[Approved: June 1, 2017]
AN ACT relating to public health; defining the term obesity as a chronic disease; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to prepare an annual report on obesity; requiring certain school districts to collect data concerning the height and weight of pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law uses the term obesity in listing the benefits of breast-feeding, mandating training for child care providers and mandating public information and prevention programs of the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 201.232, 432A.1775, 439.517, 439.521) Section 1 of this bill defines the term obesity in the preliminary chapter of NRS as a chronic disease having certain characteristics. Sections 2 and 4-6 of this bill define the term obesity as used in those provisions of existing law. Section 5 also requires the Division to prepare an annual report on obesity statistics in this State and the efforts to reduce obesity.
Existing law requires certain school nurses to conduct or supervise certain examinations of pupils in certain grades for scoliosis, visual and auditory problems or any gross physical defects. School authorities must provide notice of those examinations to the parent or guardian of a child before performing the examination, and each school nurse or designee of the nurse must report the results of those examinations to the Chief Medical Officer. (NRS 392.420) Section 3 of this bill: (1) requires the board of trustees of each school district in a county whose population is 100,000 or more (currently Clark and Washoe counties) to use school nurses, health personnel and certain teachers and other personnel to conduct examinations of the height and weight of certain pupils; and (2) provides that, under certain circumstances, the school authorities are not required to provide notice to the parent or guardian of a child before conducting the examination. Section 3 also requires the Division to: (1) compile a report of the results of those examinations specific to each region of this State for which the information is collected; (2) publish and disseminate the reports; and (3) submit a copy of the report to the superintendent of each school district located in a county whose population is 100,000 or more (currently Clark and Washoe Counties).
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 preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by specific statute or required by context, obesity means a chronic disease characterized by an abnormal and unhealthy accumulation of body fat which is statistically correlated with premature mortality, hypertension, heart disease, diabetes, cancer and other health conditions, and may be indicated by:
κ2017 Statutes of Nevada, Page 1332 (CHAPTER 257, SB 165)κ
(a) A body mass index of 30 or higher in adults;
(b) A body mass index that is greater than two standard deviations above the World Health Organizations growth standard for children who are at least 5 but less than 19 years of age, or greater than three standard deviations above the standard for children who are less than 5 years of age;
(c) A body fat percentage greater than 25 percent for men or 32 percent for women; or
(d) A waist size of 40 inches or more for men or 35 inches or more for women.
2. As used in this section, chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
Sec. 2. NRS 201.232 is hereby amended to read as follows:
201.232 1. The Legislature finds and declares that:
(a) The medical profession in the United States recommends that children from birth to the age of 1 year should be breast fed, unless under particular circumstances it is medically inadvisable.
(b) Despite the recommendation of the medical profession, statistics reveal a declining percentage of mothers who are choosing to breast feed their babies.
(c) Many new mothers are now choosing to use formula rather than to breast feed even before they leave the hospital, and only a small percentage of all mothers are still breast feeding when their babies are 6 months old.
(d) In addition to the benefit of improving bonding between mothers and their babies, breast feeding offers better nutrition, digestion and immunity for babies than does formula feeding, and it may increase the intelligence quotient of a child. Babies who are breast fed have lower rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrheal diseases, otitis media, allergies, obesity and developmental delays.
(e) Breast feeding also provides significant benefits to the health of the mother, including protection against breast cancer and other cancers, osteoporosis and infections of the urinary tract. The incidence of breast cancer in the United States might be reduced by 25 percent if every woman breast fed all her children until they reached the age of 2 years.
(f) The World Health Organization and the United Nations Childrens Fund have established as one of their major goals for the decade the encouragement of breast feeding.
(g) The social constraints of modern society weigh against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding to avoid embarrassment, social ostracism or criminal prosecution.
(h) Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between a mother and her baby, and no mother should be made to feel incriminated or socially ostracized for breast feeding her child.
2. Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mothers breast is uncovered during or incidental to the breast feeding.
3. As used in this section:
κ2017 Statutes of Nevada, Page 1333 (CHAPTER 257, SB 165)κ
(a) Chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) Obesity means a chronic disease characterized by an abnormal and unhealthy accumulation of body fat which is statistically correlated with premature mortality, hypertension, heart disease, diabetes, cancer and other health conditions, and may be indicated by:
(1) A body mass index of 30 or higher in adults;
(2) A body mass index that is greater than two standard deviations above the World Health Organizations growth standard for children who are at least 5 but less than 19 years of age, or greater than three standard deviations above the standard for children who are less than 5 years of age;
(3) A body fat percentage greater than 25 percent for men or 32 percent for women; or
(4) A waist size of 40 inches or more for men or 35 inches or more for women.
Sec. 3. NRS 392.420 is hereby amended to read as follows:
392.420 1. In each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:
(a) For visual and auditory problems:
(1) Before the completion of the first year of initial enrollment in elementary school;
(2) In at least one additional grade of the elementary schools; and
(3) In one grade of the middle or junior high schools and one grade of the high schools; and
(b) For scoliosis, in at least one grade of schools below the high schools.
Κ Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.
2. In addition to the requirements of subsection 1, the board of trustees of each school district in a county whose population is 100,000 or more shall direct school nurses, qualified health personnel employed pursuant to subsection 6, teachers who teach physical education or health or other licensed educational personnel who have completed training in measuring the height and weight of a pupil provided by the school district, to measure the height and weight of a representative sample of pupils who are enrolled in grades 4, 7 and 10 in the schools within the school district. The Division of Public and Behavioral Health of the Department of Health and Human Services, in consultation with the board of trustees of each school district and each local health district, as applicable, shall determine the number of pupils necessary to include in the representative sample.
κ2017 Statutes of Nevada, Page 1334 (CHAPTER 257, SB 165)κ
3. If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.
[3.] 4. A special examination for a possible visual or auditory problem must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or auditory problem during the previous school year; or
(d) Shows in any other way that the child may have such a problem.
[4.] 5. The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it. Any written notice provided to the parent or guardian of a child pursuant to this subsection must include, to the extent that information is available, a list of any resources that may be available in the community to provide such medical attention, including, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring that the pupil receives such resources.
[5.] 6. In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.
[6.] 7. The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:
(a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and
(b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.
[7. The]
8. Except as otherwise provided in subsection 9, the school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the childs parent or guardian files with the teacher a written statement objecting to the examination.
[8.] 9. The school authorities are not required to provide notice to the parent or guardian of a child before measuring the childs height or weight pursuant to subsection 2 if it is not practicable to do so.
10. Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer.
κ2017 Statutes of Nevada, Page 1335 (CHAPTER 257, SB 165)κ
conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer. Each such report must exclude any identifying information relating to a particular child. The Chief Medical Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.
11. The Division of Public and Behavioral Health of the Department of Health and Human Services shall:
(a) Compile a report relating to each region of this State for which data is collected regarding the height and weight of pupils measured pursuant to subsection 2 and reported to the Chief Medical Officer pursuant to subsection 10;
(b) Publish and disseminate the reports not later than 12 months after receiving the results of the examinations pursuant to subsection 10; and
(c) Submit a copy of the report disseminated pursuant to paragraph (b) to the superintendent of each school district located in a county whose population is 100,000 or more.
Sec. 4. NRS 432A.1775 is hereby amended to read as follows:
432A.1775 1. Each person who is employed in a child care facility that provides care for more than 12 children, other than in a facility that provides care for ill children, shall complete:
(a) Before January 1, 2014, at least 15 hours of training;
(b) On or after January 1, 2014, and before January 1, 2015, at least 18 hours of training;
(c) On or after January 1, 2015, and before January 1, 2016, at least 21 hours of training; and
(d) On or after January 1, 2016, 24 hours of training each year.
2. Except as otherwise provided in subsection 1, each person who is employed in any child care facility, other than in a facility that provides care for ill children, shall complete at least 15 hours of training each year.
3. At least 2 hours of the training required by subsections 1 and 2 each year must be devoted to the lifelong wellness, health and safety of children and must include training relating to childhood obesity, nutrition and physical activity.
4. As used in this section:
(a) Chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) Obesity means a chronic disease characterized by an abnormal and unhealthy accumulation of body fat which is statistically correlated with premature mortality, hypertension, heart disease, diabetes, cancer and other health conditions, and may be indicated by:
(1) A body mass index of 30 or higher in adults;
(2) A body mass index that is greater than two standard deviations above the World Health Organizations growth standard for children who are at least 5 but less than 19 years of age, or greater than three standard deviations above the standard for children who are less than 5 years of age;
(3) A body fat percentage greater than 25 percent for men or 32 percent for women; or
(4) A waist size of 40 inches or more for men or 35 inches or more for women.
κ2017 Statutes of Nevada, Page 1336 (CHAPTER 257, SB 165)κ
Sec. 5. NRS 439.517 is hereby amended to read as follows:
439.517 1. Within the limits of available money, the Division shall establish the State Program for Wellness and the Prevention of Chronic Disease to increase public knowledge and raise public awareness relating to wellness and chronic diseases and to educate the residents of this State about:
[1.] (a) Wellness, including, without limitation, behavioral health, proper nutrition, maintaining oral health, increasing physical fitness, preventing obesity and tobacco use; and
[2.] (b) The prevention of chronic diseases, including, without limitation, arthritis, asthma, cancer, diabetes, cardiovascular disease, stroke, heart disease and oral disease.
2. As used in this section:
(a) Chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) Obesity means a chronic disease characterized by an abnormal and unhealthy accumulation of body fat which is statistically correlated with premature mortality, hypertension, heart disease, diabetes, cancer and other health conditions, and may be indicated by:
(1) A body mass index of 30 or higher in adults;
(2) A body mass index that is greater than two standard deviations above the World Health Organizations growth standard for children who are at least 5 but less than 19 years of age, or greater than three standard deviations above the standard for children who are less than 5 years of age;
(3) A body fat percentage greater than 25 percent for men or 32 percent for women; or
(4) A waist size of 40 inches or more for men or 35 inches or more for women.
Sec. 6. NRS 439.521 is hereby amended to read as follows:
439.521 1. To carry out the provisions of NRS 439.514 to 439.525, inclusive, the Division shall, within the limits of available money, and with the advice and recommendations of the Advisory Council:
[1.] (a) Periodically prepare burden reports concerning health problems and diseases, including, without limitation, a lack of physical fitness, poor nutrition, tobacco use and exposure to tobacco smoke, [obesity,] chronic diseases , including, without limitation, obesity and diabetes, and other diseases, as determined by the Division, using the most recent information obtained through surveillance, epidemiology and research. As used in this [subsection,] paragraph, burden report means a calculation of the impact of a particular health problem or chronic disease on this State, as measured by financial cost, mortality, morbidity or other indicators specified by the Division.
[2.] (b) Prepare an annual report on obesity pursuant to paragraph (a) which must:
(1) Include, without limitation:
(I) Current obesity rates in this State;
(II) Information regarding obesity with regard to specific demographics;
(III) Actions taken by the Division regarding obesity; and
(IV) The States goals and achievements regarding obesity rates.
κ2017 Statutes of Nevada, Page 1337 (CHAPTER 257, SB 165)κ
(2) On or before March 15 of each year, be submitted to the Director of the Legislative Counsel Bureau for transmittal to:
(I) The Legislative Committee on Health Care during even-numbered years; and
(II) The Legislature during odd-numbered years.
(c) Identify, review and encourage, in coordination with the Department of Education, the Nevada System of Higher Education and other appropriate state agencies, existing evidence-based programs related to nutrition, physical fitness and tobacco prevention and cessation, including, without limitation, programs of state and local governments, educational institutions, businesses and the general public.
[3.] (d) Develop, promote and coordinate recommendations for model and evidence-based programs that contribute to reductions in the incidence of chronic disease in this State. The programs should encourage:
[(a)] (1) Proper nutrition, physical fitness and health among the residents of this State, including, without limitation, parents and children, senior citizens, high-risk populations and persons with special needs; and
[(b)] (2) Work-site wellness policies that include, without limitation, tobacco-free and breast feeding-friendly environments, healthy food and beverage choices and physical activity opportunities in schools, businesses and public buildings.
[4.] (e) Assist on projects within this State as requested by, and in coordination with, the Presidents Council on Fitness, Sports and Nutrition.
[5.] (f) Identify and review methods for reducing health care costs associated with tobacco use and exposure to tobacco smoke, [obesity,] chronic diseases , including, without limitation, obesity and diabetes, and other diseases, as determined by the Division.
[6.] (g) Maintain a website to provide information and resources on nutrition, physical fitness, health, wellness and the prevention of [obesity and] chronic diseases [.
7.] , including, without limitation, obesity and diabetes.
(h) Solicit information from and, to the extent feasible, coordinate its efforts with:
[(a)] (1) Other governmental agencies;
[(b)] (2) National health organizations and their local and state chapters;
[(c)] (3) Community and business leaders;
[(d)] (4) Community organizations;
[(e)] (5) Providers of health care;
[(f)] (6) Private schools; and
[(g)] (7) Other persons who provide services relating to tobacco use and exposure, physical fitness and wellness and the prevention of [obesity,] chronic diseases , including, without limitation, obesity and diabetes, and other diseases.
[8.] (i) Establish, maintain and enhance statewide chronic disease surveillance systems.
[9.] (j) Translate surveillance, evaluation and research information into press releases, briefs, community education and advocacy materials and other publications that highlight chronic diseases and the key risk factors of those diseases.
[10.] (k) Identify, assist and encourage the growth of, through funding, training, resources and other support, the communitys capacity to assist persons who have a chronic disease.
κ2017 Statutes of Nevada, Page 1338 (CHAPTER 257, SB 165)κ
[11.] (l) Encourage relevant community organizations to effectively recruit key population groups to receive clinical preventative services, including, without limitation:
[(a)] (1) Screening and early detection of breast, cervical and colorectal cancer, diabetes, high blood pressure and obesity;
[(b)] (2) Oral screenings; and
[(c)] (3) Tobacco cessation counseling.
[12.] (m) Promote positive policy, system and environmental changes within communities and the health care system based on, without limitation, the Chronic Care Model developed by the MacColl Center for Health Care Innovation and the Patient-Centered Medical Home Recognition Program of the National Committee for Quality Assurance.
[13.] (n) Review and revise the Program as needed.
2. As used in this section:
(a) Chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) Obesity means a chronic disease characterized by an abnormal and unhealthy accumulation of body fat which is statistically correlated with premature mortality, hypertension, heart disease, diabetes, cancer and other health conditions, and may be indicated by:
(1) A body mass index of 30 or higher in adults;
(2) A body mass index that is greater than two standard deviations above the World Health Organizations growth standard for children who are at least 5 but less than 19 years of age, or greater than three standard deviations above the standard for children who are less than 5 years of age;
(3) A body fat percentage greater than 25 percent for men or 32 percent for women; or
(4) A waist size of 40 inches or more for men or 35 inches or more for women.
Sec. 7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 8. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1339κ
Senate Bill No. 308Senators Harris, Ford, Cancela, Settelmeyer, Roberson; Cannizzaro, Denis, Farley, Gansert, Goicoechea, Hardy, Kieckhefer, Manendo, Parks, Ratti, Segerblom, Spearman and Woodhouse
Joint Sponsors: Assemblymen Watkins, Pickard, Frierson, Yeager; Araujo, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Cohen, Daly, Diaz, Edwards, Flores, Fumo, Hambrick, Jauregui, Joiner, Kramer, McCurdy II, Monroe-Moreno, Ohrenschall, Spiegel, Sprinkle, Swank, Thompson and Tolles
CHAPTER 258
[Approved: June 1, 2017]
AN ACT relating to liability for motor vehicles; increasing the amount of coverage that must be provided by a policy of insurance and certain bonds that are required for a motor vehicle in this State; increasing the minimum amount of money required to satisfy certain judgments relating to a crash involving a motor vehicle; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires every owner of a motor vehicle, other than a moped, which is registered or required to be registered in this State to provide insurance continuously for the payment of tort liabilities arising from the maintenance or use of the motor vehicle in the amount of: (1) $15,000 for bodily injury to or death of one person in any crash; (2) $30,000 for bodily injury to or death of two or more persons in any one crash, subject to the limit of $15,000 for one person; and (3) $10,000 for injury to or destruction of property of others in any one crash. (NRS 485.185) Those minimum amounts of insurance coverage are required for a motor vehicle owned by a short-term lessor of motor vehicles, for an operator of a motor vehicle who obtains an operators insurance policy, and for the amount of a policy or bond that must be provided in certain circumstances to the Department of Motor Vehicles as security after a report of a crash. (NRS 482.305, 485.186, 485.210, 495.3091) Sections 1-5 of this bill increase those minimum amounts to $25,000, $50,000 and $20,000, respectively. Those increased minimum amounts are also required in determining whether certain judgments relating to a crash involving a motor vehicle have been satisfied. (NRS 485.304)
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 482.305 is hereby amended to read as follows:
482.305 1. The short-term lessor of a motor vehicle who permits the short-term lessee to operate the vehicle upon the highways, and who has not complied with NRS 482.295 insuring or otherwise covering the short-term lessee against liability arising out of his or her negligence in the operation of the rented vehicle in limits of not less than [$15,000] $25,000 for any one person injured or killed and [$30,000] $50,000 for any number more than one, injured or killed in any one crash, and against liability of the short-term lessee for property damage in the limit of not less than [$10,000] $20,000 for one crash, is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions do not confer any right of action upon any passenger in the rented vehicle against the short-term lessor.
κ2017 Statutes of Nevada, Page 1340 (CHAPTER 258, SB 308)κ
one crash, is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions do not confer any right of action upon any passenger in the rented vehicle against the short-term lessor. This section does not prevent the introduction as a defense of contributory negligence to the extent to which this defense is allowed in other cases.
2. The policy of insurance, surety bond or deposit of cash or securities inures to the benefit of any person operating the vehicle by or with the permission of the short-term lessee in the same manner, under the same conditions and to the same extent as to the short-term lessee.
3. The insurance policy, surety bond or deposit of cash or securities need not cover any liability incurred by the short-term lessee of any vehicle to any passenger in the vehicle; but the short-term lessor before delivering the vehicle shall give to the short-term lessee a written notice of the fact that such a policy, bond or deposit does not cover the liability which the short-term lessee may incur on account of his or her negligence in the operation of the vehicle to any passenger in the vehicle.
4. When any suit or action is brought against the short-term lessor under this section, the judge before whom the case is pending shall hold a preliminary hearing in the absence of the jury to determine whether the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee as required by subsection 1. Whenever it appears that the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee in the required amount, the judge shall dismiss as to the short-term lessor the action brought under this section.
Sec. 2. NRS 485.185 is hereby amended to read as follows:
485.185 1. Except as otherwise provided in subsection 2, every owner of a motor vehicle which is registered or required to be registered in this State shall continuously provide, while the motor vehicle is present or registered in this State, insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State:
(a) In the amount of [$15,000] $25,000 for bodily injury to or death of one person in any one crash;
(b) Subject to the limit for one person, in the amount of [$30,000] $50,000 for bodily injury to or death of two or more persons in any one crash; and
(c) In the amount of [$10,000] $20,000 for injury to or destruction of property of others in any one crash,
Κ for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.
2. The provisions of this section do not apply to a moped.
Sec. 3. NRS 485.210 is hereby amended to read as follows:
485.210 For the purposes of NRS 485.200, a policy or bond is not effective unless:
1. The policy or bond is subject, if the crash has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than [$15,000] $25,000 because of bodily injury to or death of one person in any one crash and, subject to the limit for one person, to a limit of not less than [$30,000] $50,000 because of bodily injury to or death of two or more persons in any one crash and, if the crash has resulted in injury to or destruction of property, to a limit of not less than [$10,000] $20,000 because of injury to or destruction of property of others in any one crash; and
κ2017 Statutes of Nevada, Page 1341 (CHAPTER 258, SB 308)κ
[$30,000] $50,000 because of bodily injury to or death of two or more persons in any one crash and, if the crash has resulted in injury to or destruction of property, to a limit of not less than [$10,000] $20,000 because of injury to or destruction of property of others in any one crash; and
2. The insurance company or surety company issuing that policy or bond is authorized to do business in this State or, if the company is not authorized to do business in this State, unless it executes a power of attorney authorizing the Director to accept service on its behalf of notice or process in any action upon that policy or bond arising out of a crash.
Sec. 4. NRS 485.304 is hereby amended to read as follows:
485.304 Judgments must for the purpose of this chapter only, be deemed satisfied:
1. When [$15,000] $25,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one crash;
2. When, subject to the limit of [$15,000] $25,000 because of bodily injury to or death of one person, the sum of [$30,000] $50,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one crash; or
3. When [$10,000] $20,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one crash,
Κ but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle crash must be credited in reduction of the amounts provided for in this section.
Sec. 5. NRS 485.3091 is hereby amended to read as follows:
485.3091 1. An owners policy of liability insurance must:
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:
(1) Because of bodily injury to or death of one person in any one crash, [$15,000;] $25,000;
(2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one crash, [$30,000;] $50,000; and
(3) Because of injury to or destruction of property of others in any one crash, [$10,000.] $20,000.
2. An operators policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon the person by law for damages arising out of the persons use of any motor vehicle within the same territorial limits and subject to the same limits of liability as are set forth in paragraph (b) of subsection 1.
3. A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
κ2017 Statutes of Nevada, Page 1342 (CHAPTER 258, SB 308)κ
accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
4. A motor vehicle liability policy need not insure any liability under any workers compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
5. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the policy occurs. The policy may not be cancelled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy defeats or voids the policy.
(b) The satisfaction by the insured of a judgment for injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.
(c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 1.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.
6. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter.
7. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
8. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.
9. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 6. (Deleted by amendment.)
Sec. 7. The amendatory provisions of this act do not apply to the satisfaction of any judgment entered as a result of a crash involving a motor vehicle before July 1, 2018.
Sec. 8. This act becomes effective on July 1, 2018.
________
κ2017 Statutes of Nevada, Page 1343κ
Senate Bill No. 396Senators Spearman, Segerblom, Parks; Atkinson, Cancela, Denis, Farley, Ford, Ratti and Woodhouse
Joint Sponsors: Assemblymen Brooks and Carrillo
CHAPTER 259
[Approved: June 1, 2017]
AN ACT relating to industrial hemp; authorizing the growth and handling of industrial hemp and the production of agricultural hemp seed in certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an institution of higher education or the State Department of Agriculture to grow or cultivate industrial hemp for purposes of research conducted under an agricultural pilot program or for other agricultural or academic research. (NRS 557.070) Sections 2-21 of this bill create a separate program for the growth and cultivation of industrial hemp and produce agricultural hemp seed in this State. Section 12 of this bill requires a person who wishes to grow or handle industrial hemp or produce agricultural hemp seed to register with the Department. Sections 13-17 of this bill establish certain registration requirements for such growers, handlers and producers. Section 19 of this bill requires the testing of commodities or products made using industrial hemp by an independent testing laboratory. Section 24 of this bill allows a facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana dispensary to acquire industrial hemp from a registered grower or handler. Section 24 also allows a facility for the production of edible marijuana products or marijuana-infused products to use industrial hemp to manufacture edible marijuana products and marijuana-infused products. Finally, section 24 allows a medical marijuana dispensary to dispense industrial hemp and edible marijuana products and marijuana-infused products containing industrial hemp. Section 25 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to adopt regulations setting forth minimum requirements for industrial hemp which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture such products or which is dispensed by a medical marijuana dispensary.
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 557 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Agricultural hemp seed means the seed of any plant of the genus Cannabis that:
1. Is sold to or intended to be sold to a grower for planting; or
2. Remains in an unprocessed or partially processed condition that is capable of germination.
Sec. 4. Crop means all industrial hemp grown by a grower.
κ2017 Statutes of Nevada, Page 1344 (CHAPTER 259, SB 396)κ
Sec. 5. Department means the State Department of Agriculture.
Sec. 6. Grower means a person who is registered by the Department and produces industrial hemp.
Sec. 7. Handler means a person who is registered by the Department pursuant to sections 2 to 21, inclusive, of this act and receives industrial hemp for processing into commodities, products or agricultural hemp seed.
Sec. 8. 1. Industrial hemp means:
(a) Any plant of the genus Cannabis and any part of such a plant other than a seed, whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight basis; and
(b) A seed of any plant of the genus Cannabis that:
(1) Is part of a crop;
(2) Is retained by a grower for future planting;
(3) Is agricultural hemp seed;
(4) Is intended for processing into or for use as agricultural hemp seed; or
(5) Has been processed in a manner that renders it incapable of germination.
2. Industrial hemp does not include any commodity or product made using industrial hemp.
Sec. 9. Producer means a person who is registered by the Department pursuant to sections 2 to 21, inclusive, of this act and produces agricultural hemp seed.
Sec. 10. THC has the meaning ascribed to it in NRS 453A.155.
Sec. 11. The provisions of sections 2 to 21, inclusive, of this act do not apply to the Department or an institution of higher education which grows or cultivates industrial hemp pursuant to NRS 557.010 to 557.080, inclusive.
Sec. 12. 1. A person shall not grow or handle industrial hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
2. A person who wishes to grow or handle industrial hemp must register with the Department as a grower or handler, as applicable.
3. A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:
(a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of section 17 of this act; or
(b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.
Κ A person may not register as a producer unless the person is also registered as a grower or handler.
4. A person who wishes to register with the Department as a grower, handler or producer must submit to the Department the fee established pursuant to subsection 7 and an application, on a form prescribed by the Department, which includes:
(a) The name and address of the applicant;
(b) The name and address of the applicants business in which industrial hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant; and
κ2017 Statutes of Nevada, Page 1345 (CHAPTER 259, SB 396)κ
(c) Such other information as the Department may require by regulation.
5. Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing such information as the Department may require by regulation.
6. Registration as a grower, handler or producer is not transferable. If a grower, handler or producer changes its business name or the ownership of the grower, handler or producer changes, the grower, handler or producer must obtain a new registration pursuant to sections 2 to 21, inclusive, of this act.
7. The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer in an amount necessary to cover the costs of carrying out sections 2 to 21, inclusive, of this act.
Sec. 13. 1. In addition to any other requirements set forth in sections 2 to 21, inclusive, of this act, an applicant for registration or the renewal of a registration as a grower, handler or producer shall:
(a) Include the social security number of the applicant in the application submitted to the Department.
(b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Department shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the registration; or
(b) A separate form prescribed by the Department.
3. Registration as a grower, handler or producer may not be issued or renewed by the Department if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 14. 1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is registered as a grower, handler or producer, the Department shall deem the registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ2017 Statutes of Nevada, Page 1346 (CHAPTER 259, SB 396)κ
registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate the registration of a grower, handler or producer that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 15. 1. In addition to any other requirements set forth in sections 2 to 21, inclusive, of this act, an applicant for the renewal of a registration as a grower, handler or producer must indicate in the application submitted to the Department whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. Registration as a grower, handler or producer may not be renewed by the Department if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Department pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020.
(b) Debt has the meaning ascribed to it in NRS 353C.040.
Sec. 16. 1. A grower or handler shall keep such records as the Department may prescribe by regulation and, upon 3 days notice, make such records available to the Department for inspection during normal business hours. The Department may inspect records pursuant to this subsection to determine whether a person has complied with the provisions of sections 2 to 21, inclusive, of this act, the regulations adopted pursuant thereto and any lawful order of the Department.
2. The Department may inspect any growing crop of a grower and take a representative sample for analysis in the field. If the testing of such a sample in the field determines that the crop contains a THC concentration of more than 0.3 percent on a dry weight basis, the Department may detain, seize or embargo the crop.
Sec. 17. 1. Each grower shall provide the Department with a description of the property on which the crop of the grower is or will be located. Such a description must be in a manner prescribed by the Department and include, without limitation, global positioning system coordinates.
κ2017 Statutes of Nevada, Page 1347 (CHAPTER 259, SB 396)κ
2. A grower may use any method for the propagation of industrial hemp to produce industrial hemp, including, without limitation, planting seeds or starts, using clones or cuttings or cultivating industrial hemp in a greenhouse.
3. A grower may retain agricultural hemp seed for the purpose of propagating industrial hemp in future years.
Sec. 18. 1. The Department may adopt regulations establishing quality standards and requirements for the packaging and labeling of agricultural hemp seed.
2. A producer shall comply with:
(a) Any regulation adopted by the Department pursuant to subsection 1; and
(b) The provisions of NRS 587.015 to 587.123, inclusive, and any regulations adopted pursuant thereto.
3. The Department shall provide adequate information to growers to identify producers from which a grower may purchase agricultural hemp seed.
Sec. 19. 1. A grower, handler or producer may submit industrial hemp or a commodity or product made using industrial hemp to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
2. A handler may not sell a commodity or product made using industrial hemp which is intended for human consumption unless the commodity or product has been submitted to an independent testing laboratory for testing and the independent testing laboratory has confirmed that the commodity or product satisfies the standards established by the Department for the content and quality of industrial hemp.
3. The Department shall adopt regulations establishing protocols and procedures for the testing of commodities and products made using industrial hemp, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing.
4. The Department may adopt regulations requiring the submission of a sample of a crop of industrial hemp by a grower to an independent testing laboratory to determine whether the crop has a THC concentration of not more than 0.3 percent on a dry weight basis. The regulations may include, without limitation:
(a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and
(b) A requirement that an independent testing laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.
5. As used in this section:
(a) Independent testing laboratory means a facility certified as an independent testing laboratory pursuant to NRS 453A.368.
(b) Intended for human consumption means intended for ingestion or inhalation by a human or for topical application to the skin or hair of a human.
κ2017 Statutes of Nevada, Page 1348 (CHAPTER 259, SB 396)κ
Sec. 20. 1. The Department may refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer for a violation of any provision of sections 2 to 21, inclusive, of this act, the regulations adopted pursuant thereto or any lawful order of the Department.
2. In addition to any other penalty provided by law, the Department may impose an administrative fine on any person who violates any of the provisions of sections 2 to 21, inclusive, of this act, the regulations adopted pursuant thereto or any lawful order of the Department in an amount not to exceed $2,500.
3. All fines collected by the Department pursuant to subsection 2 must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 21. Any person who grows or handles industrial hemp or produces agricultural hemp seed without being registered with the Department pursuant to section 12 of this act is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the Department may recover the costs of the proceeding, including investigative costs and attorneys fees, against a person convicted of a misdemeanor pursuant to this section.
Sec. 22. NRS 557.010 is hereby amended to read as follows:
557.010 As used in [this chapter,] NRS 557.010 to 557.080, inclusive, unless the context otherwise requires, the words and terms defined in NRS 557.020 to 557.060, inclusive, have the meanings ascribed to them in those sections.
Sec. 23. NRS 557.080 is hereby amended to read as follows:
557.080 The State Board of Agriculture may adopt regulations to carry out the provisions of [this chapter,] NRS 557.010 to 557.080, inclusive, including, without limitation, regulations necessary to:
1. Establish and carry out an agricultural pilot program;
2. Provide for the certification and registration of sites used for growing or cultivating industrial hemp; and
3. Restrict or prohibit the use or processing of industrial hemp for the creation, manufacture, sale or use of cannabidiol or any compound, salt, derivative, mixture or preparation of cannabidiol.
Sec. 24. NRS 453A.352 is hereby amended to read as follows:
453A.352 1. The operating documents of a medical marijuana establishment must include procedures:
(a) For the oversight of the medical marijuana establishment; and
(b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
2. Except as otherwise provided in this subsection, a medical marijuana establishment:
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
κ2017 Statutes of Nevada, Page 1349 (CHAPTER 259, SB 396)κ
Κ The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.
3. A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:
(a) Directly or indirectly assist patients who possess valid registry identification cards; and
(b) Assist patients who possess valid registry identification cards or letters of approval by way of those patients designated primary caregivers.
Κ For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.
4. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Division during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a medical marijuana establishment agent.
5. A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver. Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the marijuana. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.
6. A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.
7. Medical marijuana establishments are subject to reasonable inspection by the Division at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Division of the establishment.
8. A facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana dispensary may acquire industrial hemp, as defined in section 8 of this act, from a grower or handler registered by the State Department of Agriculture pursuant to sections 2 to 21, inclusive, of this act. A facility for the production of edible marijuana products or marijuana-infused products may use industrial hemp to manufacture edible marijuana products and marijuana-infused products. A medical marijuana dispensary may dispense industrial hemp and edible marijuana products and marijuana-infused products manufactured using industrial hemp.
Sec. 25. NRS 453A.370 is hereby amended to read as follows:
453A.370 The Division shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive.
κ2017 Statutes of Nevada, Page 1350 (CHAPTER 259, SB 396)κ
453A.370, inclusive. Such regulations are in addition to any requirements set forth in statute and must, without limitation:
1. Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.
2. Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:
(a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards and letters of approval.
(b) Minimum requirements for the oversight of medical marijuana establishments.
(c) Minimum requirements for the keeping of records by medical marijuana establishments.
(d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.
(e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Division.
(f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Division if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.
(g) Minimum requirements for industrial hemp, as defined in section 8 of this act, which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture edible marijuana products or marijuana-infused products or dispensed by a medical marijuana dispensary.
3. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time:
(a) To ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral; and
(b) To reflect gifts and grants received by the Division pursuant to NRS 453A.720.
4. Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver, in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.
κ2017 Statutes of Nevada, Page 1351 (CHAPTER 259, SB 396)κ
5. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.
6. In cooperation with the Board of Medical Examiners and the State Board of Osteopathic Medicine, establish a system to:
(a) Register and track attending physicians who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patients medical condition;
(b) Insofar as is possible, track and quantify the number of times an attending physician described in paragraph (a) makes such an advisement; and
(c) Provide for the progressive discipline of attending physicians who advise the medical use of marijuana at a rate at which the Division and Board determine and agree to be unreasonably high.
7. Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer or provide labor as a medical marijuana establishment agent.
8. Provide for the maintenance of a log by the Division of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Division shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.
9. Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive.
Sec. 26. 1. This act becomes effective on July 1, 2017.
2. Sections 13 and 14 of this act expire 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.
________
κ2017 Statutes of Nevada, Page 1352κ
Senate Bill No. 429Committee on Natural Resources
CHAPTER 260
[Approved: June 1, 2017]
AN ACT relating to agriculture; authorizing a governing body of a city or county to establish an urban agriculture zone; providing that a master plan may include an urban agricultural element; authorizing a board of county commissioners or a governing body of a city to allow the use of vacant city- or county-owned land for community gardening; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides certain powers of a governing body of a city or county related to planning and zoning. (Chapter 278 of NRS) Section 1 of this bill authorizes a governing body of a city or county to establish an urban agriculture zone by ordinance for the purpose of promoting the development and operation of urban agriculture. Sections 2-4 of this bill make conforming changes.
Under existing law, a master plan may include certain elements as appropriate to a county, city or region, with the exception of certain cities and counties which must include all or a portion of certain elements in a master plan. (NRS 278.150-278.170) Section 5 of this bill provides that a master plan may also include an urban agricultural element, which must include a plan to inventory any vacant lands owned by the city or county and blighted lands in the city or county to determine if such lands may be suitable for urban farming or gardening. Section 4.5 of this bill provides that, in a county whose population is 700,000 or more (currently Clark County), the governing body of a city or the county is not required to include an urban agriculture element in a master plan.
Sections 6 and 7 of this bill authorize a governing body of a city or county to establish by ordinance the terms and conditions for the use of vacant or blighted land owned by the city or county for the purpose of community gardening. Section 8 of this bill makes conforming changes.
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 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A governing body of a city or county may, by ordinance, establish an urban agriculture zone within the boundaries of the city or county.
2. To establish an urban agriculture zone, the governing body must conduct at least one public hearing on the question of whether to establish the urban agriculture zone.
3. An ordinance adopted pursuant to this section must not prohibit the use of structures that support agricultural activity, including, without limitation, toolsheds, greenhouses, produce stands and instructional spaces.
κ2017 Statutes of Nevada, Page 1353 (CHAPTER 260, SB 429)κ
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.024 is hereby amended to read as follows:
278.024 1. In the region of this State for which there has been created by NRS 278.780 to 278.828, inclusive, a regional planning agency, the powers conferred by NRS 278.010 to 278.630, inclusive, and section 1 of this act upon any other authority are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by NRS 278.010 to 278.630, inclusive, and section 1 of this act shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.
2. Upon the adoption by a regional planning agency created by NRS 278.780 to 278.828, inclusive, of any regional plan, any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, and section 1 of this act shall cease to be effective as to the territory embraced in such regional plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.
Sec. 4. NRS 278.025 is hereby amended to read as follows:
278.025 1. In any region of this State for which there has been created by interstate compact a regional planning agency, the powers conferred by NRS 278.010 to 278.630, inclusive, and section 1 of this act are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by NRS 278.010 to 278.630, inclusive, and section 1 of this act shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.
2. Upon the adoption by a regional planning agency created by interstate compact of any regional plan or interim plan, any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, and section 1 of this act shall cease to be effective as to the territory embraced in such regional or interim plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional or interim plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.
Sec. 4.5. 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.
κ2017 Statutes of Nevada, Page 1354 (CHAPTER 260, SB 429)κ
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, 4 and 5, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, and section 1 of this act, 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 less than 100,000, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion an aboveground utility plan of the public facilities and services element, as described in subparagraph (3) of paragraph (e) of subsection 1 of NRS 278.160.
4. 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 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;
(c) A population plan of the public facilities and services element, as described in subparagraph (2) of paragraph (e) of subsection 1 of NRS 278.160; and
(d) An aboveground utility plan of the public facilities and services element, as described in subparagraph (3) of paragraph (e) of subsection 1 of NRS 278.160.
5. 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 elements set forth in paragraphs (a) to (h), inclusive, of subsection 1 of NRS 278.160.
Sec. 5. NRS 278.160 is hereby amended to read as follows:
278.160 1. Except as otherwise provided in this section and NRS 278.150 and 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following 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) 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.
κ2017 Statutes of Nevada, Page 1355 (CHAPTER 260, SB 429)κ
(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.
(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.
κ2017 Statutes of Nevada, Page 1356 (CHAPTER 260, SB 429)κ
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) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165.
(4) 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.
(5) 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. 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.
(6) 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.
κ2017 Statutes of Nevada, Page 1357 (CHAPTER 260, SB 429)κ
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.
(i) An urban agricultural element, which must include a plan to inventory any vacant lands owned by the city or county and blighted land in the city or county to determine whether such lands are suitable for urban farming and gardening.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other 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, and section 1 of this act prohibits the preparation and adoption of any such element as a part of the master plan.
Sec. 6. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
A board of county commissioners may, by ordinance, authorize the use of vacant or blighted county land for the purpose of community gardening under such terms and conditions established for the use of the county land set forth by the ordinance. The ordinance may, without limitation:
1. Establish fees for the use of the county land;
2. Provide requirements for liability insurance; and
3. Provide requirements for a deposit to use the county land, which may be refunded.
Sec. 7. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a city may authorize, by ordinance, the use of vacant or blighted city land for the purpose of community gardening under such terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may, without limitation:
1. Establish fees for the use of the city land;
2. Provide requirements for liability insurance; and
3. Provide requirements for a deposit to use the city land, which may be refunded.
Sec. 8. NRS 371.047 is hereby amended to read as follows:
371.047 1. A county may use the proceeds of the tax imposed pursuant to NRS 371.043 or 371.045, or of bonds, notes or other obligations incurred to which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:
(a) Purchase residential real property which shares a boundary with a highway with limited access or a project related to the construction of a highway with limited access, and which is adversely affected by the highway. Not more than 1 percent of the proceeds of the tax or of any bonds to which the proceeds of the tax are pledged may be used for this purpose.
(b) Pay for the cost of moving persons whose primary residences are condemned for a right-of-way for a highway with limited access and who qualify for such payments.
κ2017 Statutes of Nevada, Page 1358 (CHAPTER 260, SB 429)κ
qualify for such payments. The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.
2. A county may, in accordance with NRS 244.265 to 244.296, inclusive, and section 6 of this act, dispose of any residential real property purchased pursuant to this section, and may reserve and except easements, rights or interests related thereto, including, but not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
3. Proceeds from the sale or lease of residential real property acquired pursuant to this section must be used for the purposes set forth in this section and in NRS 371.043 or 371.045, as applicable.
4. For the purposes of this section, residential real property is adversely affected by a highway with limited access if the construction or proposed use of the highway:
(a) Constitutes a taking of all or any part of the property, or interest therein;
(b) Lowers the value of the property; or
(c) Constitutes a nuisance.
5. As used in this section:
(a) Highway with limited access means a divided highway for through traffic with full control of access and with grade separations at intersections.
(b) Primary residence means a dwelling, whether owned or rented by the occupant, which is the sole principal place of residence of that occupant.
(c) Residential real property means a lot or parcel of not more than 1.5 acres upon which a single-family or multifamily dwelling is located.
Sec. 9. This act becomes effective on July 1, 2017.
________
Senate Bill No. 447Committee on Legislative Operations and Elections
CHAPTER 261
[Approved: June 1, 2017]
AN ACT relating to elections; authorizing any registered voter to request absent ballots for all elections held during the year he or she requests an absent ballot; authorizing a registered voter with a physical disability or who is at least 65 years of age to request absent ballots for all elections held after submission of the request; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, any registered voter who provides sufficient written notice to the county or city clerk may vote an absent ballot for an election, but a registered voter who has a physical disability or condition which substantially impairs his or her ability to go to a polling place for an election may request an absent ballot for all elections that are overseen by a county clerk and are held during the year the voter requests an absent ballot.
κ2017 Statutes of Nevada, Page 1359 (CHAPTER 261, SB 447)κ
requests an absent ballot. (NRS 293.313) Also under existing law, a registered voter who, because of a physical disability, is unable to mark or sign a ballot or use a voting device without assistance may request that the county or city clerk, as applicable, issue him or her an absent ballot for each election, including each city election, that is conducted during the year immediately succeeding the date the request is made to the clerk. (NRS 293.3165, 293C.318)
Sections 2 and 8 of this bill authorize any registered voter to request an absent ballot for all elections that are overseen by a county or city clerk and are held during the year the voter requests an absent ballot. Sections 5 and 16 of this bill authorize a registered voter with a physical disability or who is at least 65 years of age to submit a written statement to the appropriate county clerk or city clerk requesting that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote.
Existing law requires, with limited exception, that requests for absent ballots be returned to a county or city clerk in person or by mail or facsimile machine. (NRS 293.323, 293C.322) Sections 1, 2, 5, 7, 12, 13 and 16 of this bill provide that the request may be returned in person or by mail or approved electronic transmission.
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 293 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 293.309 to 293.340, inclusive, sufficient written notice means a:
1. Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or approved electronic transmission;
2. Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or approved electronic transmission; or
3. Form provided by the Federal Government.
Sec. 2. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in NRS 293.272 and 293.502, a registered voter [who, provides] may request an absent ballot if, before 5 p.m. on the seventh calendar day preceding the election, the registered voter:
(a) Provides sufficient written notice to the county clerk [may vote an absent ballot as provided in this chapter.] ; and
(b) Has identified himself or herself to the satisfaction of the county clerk.
2. A registered voter [who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition which substantially impairs his or her ability to go to the polling place,
Κ] may request an absent ballot for all elections held during the year he or she requests an absent ballot.
3. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for an absent ballot for the primary and general elections immediately following the date on which the county clerk received the request.
κ2017 Statutes of Nevada, Page 1360 (CHAPTER 261, SB 447)κ
4. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
[5. As used in this section, sufficient written notice means a:
(a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.]
Sec. 3. NRS 293.315 is hereby amended to read as follows:
293.315 1. [A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the seventh calendar day preceding any election, make an application to that clerk for an absent voters ballot. The application] Every request for an absent ballot must be made available for public inspection.
2. [When the voter has identified himself or herself to the satisfaction of the clerk, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use.
3.] A county clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless the county clerk knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy such information.
Sec. 4. NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter who is unable to go to the polls:
(a) Because of an illness or disability resulting in confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS [293.315,] 293.313,
Κ may submit a written request to the county clerk for an absent ballot. The request may be submitted at any time before 5 p.m. on the day of the election.
2. If the county clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the county clerk shall, at the office of the county clerk, deliver an absent ballot to the person designated in the request to obtain the ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;
κ2017 Statutes of Nevada, Page 1361 (CHAPTER 261, SB 447)κ
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.
4. Except as otherwise provided in subsection 5, after marking the ballot, the voter must:
(a) Place it in the identification envelope;
(b) Affix his or her signature on the back of the envelope; and
(c) Return it to the office of the county clerk.
5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter.
6. A request for an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.
7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 5. NRS 293.3165 is hereby amended to read as follows:
293.3165 1. A registered voter [who, because of] with a physical disability [, is unable to mark or sign a ballot or use a voting device without assistance may submit a written statement] or who is at least 65 years of age and provides sufficient written notice to the appropriate county clerk [requesting] may request that the registered voter receive an absent ballot for [each election conducted during the period specified in subsection 3.] all elections at which the registered voter is eligible to vote.
2. [A written statement submitted pursuant to subsection 1 must:
(a) Designate the person who will assist the registered voter in marking and signing the absent ballot on behalf of the registered voter; and
(b) Include the name, address and signature of the person designated pursuant to paragraph (a).
3. Upon] Except as otherwise provided in subsection 4, upon receipt of a [written statement] request submitted by a registered voter pursuant to subsection 1, the county clerk shall [, if the statement includes the information required pursuant to subsection 2, issue] :
(a) Issue an absent ballot to the registered voter for each primary election , general election and special election other than a special city election that is conducted [during the year immediately succeeding] after the date the written statement is submitted to the county clerk.
[4. A person designated pursuant to paragraph (a) of subsection 2 may,]
(b) Inform the applicable city clerk of receipt of the written statement. Upon receipt of the notice from the county clerk, the city clerk shall issue an absent ballot for each primary city election, general city election and special city election that is conducted after the date the city clerk receives notice from the county clerk.
3. If, at the direction of the registered voter, a person:
κ2017 Statutes of Nevada, Page 1362 (CHAPTER 261, SB 447)κ
(a) Marks and signs an absent ballot issued to the registered voter pursuant to the provisions of this section on behalf of [and at the direction of] the registered voter, [mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot,] the person [shall] must [indicate] :
(1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter [.
5.] ; and
(2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
(b) Assists a registered voter to mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. A county clerk may not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:
(a) The registered voter is designated inactive pursuant to NRS 293.530; or
(b) The county clerk cancels the registration of the person pursuant NRS 293.527, 293.530, 293.535 or 293.540.
5. The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 6. NRS 293.320 is hereby amended to read as follows:
293.320 The county clerk shall determine before issuing an absent ballot that the person [making application] who requested the absent ballot is a registered voter in the proper county.
Sec. 7. NRS 293.323 is hereby amended to read as follows:
293.323 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, if the request for an absent ballot is made by mail or [facsimile machine,] approved electronic transmission, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:
(a) An absent ballot;
(b) A return envelope;
(c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;
(d) An identification envelope, if applicable; and
(e) Instructions.
2. If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use [a facsimile machine] approved electronic transmission to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the county clerk or submit the absent ballot by [facsimile machine.] approved electronic transmission.
3. The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
κ2017 Statutes of Nevada, Page 1363 (CHAPTER 261, SB 447)κ
4. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.
5. Before depositing a ballot in the mail or sending a ballot by [facsimile machine,] approved electronic transmission, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voters precinct or district, and political affiliation, if any, the number of the ballot and any remarks the county clerk finds appropriate.
6. The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.
Sec. 8. NRS 293.330 is hereby amended to read as follows:
293.330 1. Except as otherwise provided in subsection 2 of NRS 293.323 and chapter 293D of NRS, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:
(a) The office of the county clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
(b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it Cancelled.
3. If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. Except as otherwise provided in NRS 293.316 [,] and 293.3165, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voters family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 9. NRS 293.333 is hereby amended to read as follows:
293.333 Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent voters ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:
κ2017 Statutes of Nevada, Page 1364 (CHAPTER 261, SB 447)κ
the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:
1. The name of the voter, as shown on the return envelope or [facsimile,] approved electronic transmission must be called and checked as if the voter were voting in person;
2. The signature on the back of the return envelope or on the [facsimile] approved electronic transmission must be compared with that on the application to register to vote;
3. If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope or approved electronic transmission compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and
4. The election board officers shall indicate in the roster Voted by the name of the voter.
Sec. 10. NRS 293.335 is hereby amended to read as follows:
293.335 When all absent ballots delivered to the election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes and approved electronic transmissions containing rejected ballots must be returned to the county clerk. On all envelopes and approved electronic transmissions containing rejected ballots the cause of rejection must be noted and the envelope or approved electronic transmission signed by a majority of the election board officers.
Sec. 11. NRS 293.469 is hereby amended to read as follows:
293.469 Each county clerk is encouraged to:
1. Not later than the earlier date of the notice provided pursuant to NRS 293.203 or the first notice provided pursuant to subsection 4 of NRS 293.560, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293.2955, 293.296, 293.313, [subsection 1 of NRS 293.315, NRS] 293.316 and 293.3165.
2. Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.
3. Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is:
(a) Related to elections; and
(b) Made available by the county clerk to the public in printed form.
Sec. 12. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 293C.305 to 293C.340, inclusive, sufficient written notice means a:
1. Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by approved electronic transmission;
2. Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or
κ2017 Statutes of Nevada, Page 1365 (CHAPTER 261, SB 447)κ
3. Form provided by the Federal Government.
Sec. 13. NRS 293C.310 is hereby amended to read as follows:
293C.310 1. Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter [who provides] may request an absent ballot if, before 5 p.m. on the seventh calendar day preceding the election, the registered voter:
(a) Provides sufficient written notice to the city clerk [may vote an absent ballot as provided in this chapter.] ; and
(b) Has identified himself or herself to the satisfaction of the city clerk.
2. A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as:
(a) A request for the primary city election and the general city election unless otherwise specified in the request; and
(b) A request for an absent ballot for the primary and general elections immediately following the date on which the city clerk received the request.
3. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
[4. As used in this section, sufficient written notice means a:
(a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.]
Sec. 14. NRS 293C.312 is hereby amended to read as follows:
293C.312 1. [A registered voter referred to in NRS 293C.310 may, at any time before 5 p.m. on the seventh calendar day preceding any election, make an application to the city clerk for an absent voters ballot. The application] Every request for an absent ballot must be made available for public inspection.
2. [When the voter has identified himself or herself to the satisfaction of the city clerk, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use.
3.] A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless the city clerk knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.
Sec. 15. NRS 293C.317 is hereby amended to read as follows:
293C.317 1. Any registered voter who is unable to go to the polls:
(a) Because of an illness or disability resulting in confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS [293C.312,] 293C.310,
Κ may submit a written request to the city clerk for an absent ballot. The request may be submitted at any time before 5 p.m. on the day of the election.
κ2017 Statutes of Nevada, Page 1366 (CHAPTER 261, SB 447)κ
2. If the city clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the city clerk shall, at the office of the city clerk, deliver an absent ballot to the person designated in the request to obtain the ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.
4. Except as otherwise provided in subsection 5, after marking the ballot the voter must:
(a) Place it in the identification envelope;
(b) Affix his or her signature on the back of the envelope; and
(c) Return it to the office of the city clerk.
5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter.
6. A request for an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the city clerk, not later than the time the polls close on election day.
7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 16. NRS 293C.318 is hereby amended to read as follows:
293C.318 1. A registered voter [who, because of] with a physical disability [, is unable to mark or sign a ballot or use a voting device without assistance may submit a written statement] or who is at least 65 years of age and provides sufficient written notice to the appropriate city clerk [requesting] may request that the registered voter receive an absent ballot for [each city election conducted during the period specified in subsection 3.] all elections at which the registered voter is eligible to vote.
2. [A written statement submitted pursuant to subsection 1 must:
(a) Designate the person who will assist the registered voter in marking and signing the absent ballot on behalf of the registered voter; and
(b) Include the name, address and signature of the person designated pursuant to paragraph (a).
3. Upon] Except as otherwise provided in subsection 4, upon receipt of a [written statement] request submitted by a registered voter pursuant to subsection 1, the city clerk shall [, if the statement includes the information required pursuant to subsection 2, issue] :
κ2017 Statutes of Nevada, Page 1367 (CHAPTER 261, SB 447)κ
subsection 1, the city clerk shall [, if the statement includes the information required pursuant to subsection 2, issue] :
(a) Issue an absent ballot to the registered voter for each primary city election , general city election and special city election that is conducted [during the year immediately succeeding] after the date the written statement is submitted to the city clerk.
[4. A person designated pursuant to paragraph (a) of subsection 2 may,]
(b) Inform the county clerk of receipt of the written statement. Upon receipt of the notice from the city clerk, the county clerk shall issue an absent ballot for each primary election, general election and special election that is not a city election that is conducted after the date the county clerk receives notice from the city clerk.
3. If, at the direction of the registered voter, a person:
(a) Marks and signs an absent ballot issued to a registered voter pursuant to the provisions of this section on behalf of [and at the direction of] the registered voter, [mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot,] the person [shall] must [indicate] :
(1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter [.
5.] ; and
(2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
(b) Assists a registered voter to mark and sign an absent ballot issued to the registered voter pursuant to this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. A city clerk may not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:
(a) The registered voter is designated inactive pursuant to NRS 293.530; or
(b) The county clerk cancels the registration of the person pursuant to NRS 293.527, 293.530, 593.535 or 293.540.
5. The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 17. NRS 293C.320 is hereby amended to read as follows:
293C.320 The city clerk shall determine before issuing an absent ballot that the person [making application] who requested the absent ballot is a registered voter in the proper city.
Sec. 18. NRS 293C.322 is hereby amended to read as follows:
293C.322 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, if the request for an absent ballot is made by mail or [facsimile machine,] approved electronic transmission, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:
(a) An absent ballot;
(b) A return envelope;
κ2017 Statutes of Nevada, Page 1368 (CHAPTER 261, SB 447)κ
(c) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and
(d) Instructions.
2. If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use [a facsimile machine] approved electronic transmission to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the city clerk or submit the absent ballot by [facsimile machine.] approved electronic transmission.
3. The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
4. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.
5. Before depositing a ballot with the United States Postal Service or sending a ballot by [facsimile machine,] approved electronic transmission, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voters precinct or district, the number of the ballot and any remarks the city clerk finds appropriate.
6. The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.
Sec. 19. NRS 293C.330 is hereby amended to read as follows:
293C.330 1. Except as otherwise provided in subsection 2 of NRS 293C.322 and chapter 293D of NRS, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:
(a) The office of the city clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.
(b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it Cancelled.
3. If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. Except as otherwise provided in NRS 293C.3165 or 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voters family.
κ2017 Statutes of Nevada, Page 1369 (CHAPTER 261, SB 447)κ
requested the absent ballot or, at the request of the voter, a member of the voters family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 20. NRS 293C.332 is hereby amended to read as follows:
293C.332 Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent voters ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:
1. The name of the voter, as shown on the return envelope or [facsimile,] approved electronic transmission must be called and checked as if the voter were voting in person;
2. The signature on the back of the return envelope or on the [facsimile] approved electronic transmission must be compared with that on the application to register to vote;
3. If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope or approved electronic transmission compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and
4. The election board officers shall indicate in the roster Voted by the name of the voter.
Sec. 21. NRS 293C.335 is hereby amended to read as follows:
293C.335 When all absent ballots delivered to the election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes and approved electronic transmissions containing rejected ballots must be returned to the city clerk. On all envelopes and approved electronic transmissions containing the rejected ballots the cause of rejection must be noted and the envelope or approved electronic transmission signed by a majority of the election board officers.
Sec. 22. NRS 293C.720 is hereby amended to read as follows:
293C.720 Each city clerk is encouraged to:
1. Not later than the earlier date of the first notice provided pursuant to subsection 4 of NRS 293.560 or NRS 293C.187, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293C.281, 293C.282, 293C.310, [subsection 1 of NRS 293C.312, NRS] 293C.317 and 293C.318.
2. Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.
3. Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is:
κ2017 Statutes of Nevada, Page 1370 (CHAPTER 261, SB 447)κ
(a) Related to elections; and
(b) Made available by the city clerk to the public in printed form.
Sec. 23. NRS 293D.300 is hereby amended to read as follows:
293D.300 1. A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff(b)(2), or the applications electronic equivalent, pursuant to this section.
2. A covered voter who is not registered to vote in this State may use the federal postcard application or the applications electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot.
3. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:
(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and
(b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).
4. A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.
5. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-2, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election.
6. To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:
(a) The use of a federal postcard application or federal write-in absentee ballot;
(b) The use of an overseas address on an approved voting registration application or ballot application; and
(c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.
7. This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of chapter 293 or 293C of NRS [293.315] or voting in person.
Sec. 24. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1371κ
Senate Bill No. 454Committee on Judiciary
CHAPTER 262
[Approved: June 1, 2017]
AN ACT relating to personal financial administration; enacting the Uniform Powers of Appointment Act; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill enacts the Uniform Powers of Appointment Act. Section 16 of this bill defines a power of appointment as a power that enables the holder of the power, acting in a nonfiduciary capacity, to designate a recipient of an ownership interest in or another power of appointment over property subject to the power of appointment. Section 22 of this bill provides that: (1) the creation, revocation or amendment of a power of appointment is governed by the law of the domicile of the person creating the power of appointment at the relevant time; and (2) the exercise, release or disclaimer of the power of appointment is governed by the law of the domicile of the holder of the power of appointment at the relevant time.
Sections 23-29 of this bill govern the creation, revocation and amendment of a power of appointment. Generally, under section 24, to create a power of appointment, an instrument must: (1) be a valid instrument under applicable law; (2) transfer the property subject to the power of appointment; and (3) manifest the intent of the person creating the power of appointment to create in another person a power of appointment over property that is exercisable in favor of permissible appointees. Section 24 prohibits the creation of a power of appointment in a deceased individual but, subject to the rule against perpetuities, authorizes a power of appointment to be created in unborn or unascertained powerholder. Section 25 prohibits a person who holds a power of appointment from transferring the power to another person. Sections 26-28: (1) set forth rules for determining the type of power of appointment created by an instrument; and (2) with certain exceptions, provide that unless the terms of the instrument creating a power of appointment provide otherwise, the power of appointment is presently exercisable, exclusionary and general. Section 29 authorizes a person creating a power of appointment to revoke or amend the power of appointment only to the extent that: (1) the instrument creating the power is revocable by the person creating the power; or (2) the person creating the power has reserved a power of revocation or amendment in the instrument creating the power.
Sections 30-43 of this bill govern the exercise of a power of appointment. Under section 30, a power of appointment is exercised only if: (1) the instrument exercising the power is valid under applicable law; (2) the terms of that instrument manifest the powerholders intent to exercise the power and satisfy the requirements for the exercise of the power imposed by the person creating the power; and (3) the appointment is a permissible exercise of the power. Sections 31 and 32 set forth rules for determining whether an instrument manifests the intent of the person holding a power of appointment to exercise the power. Specifically: (1) section 31 provides that a residuary clause in a persons will or a similar clause in a trust will manifest an intent to exercise a power of appointment only under certain circumstances; and (2) section 32 sets forth a rule for determining whether a powerholders exercise of a power of appointment in an instrument that does not refer to a particular power of appointment constitutes the exercise of a power of appointment acquired after the execution of the instrument. Section 33 sets forth the circumstances under which substantial compliance with the formal requirements of appointment imposed by the person creating a power of appointment is sufficient. Section 34 sets forth the permissible appointments by the holder of a general power of appointment and the holder of a nongeneral power of appointment. Sections 35 and 36 set forth certain impermissible exercises of a power of appointment, and section 38 sets forth rules that apply when a person who holds a power of appointment makes an impermissible appointment.
κ2017 Statutes of Nevada, Page 1372 (CHAPTER 262, SB 454)κ
that apply when a person who holds a power of appointment makes an impermissible appointment. Section 37 provides that if a person who holds a power of appointment uses the same instrument to dispose of his or her property and to exercise a power of appointment, the property must be allocated in the permissible manner that best carries out the intent of the person who holds the power of appointment. Sections 39-41 govern property that is subject to a power of appointment but is not appointed for various reasons. Section 42 provides that to the extent an appointee of property would have taken the property as a taker in default, the appointee takes the property as a taker in default rather than under an exercise of the power of appointment. Section 43 authorizes a holder of a power of appointment to revoke or amend an exercise of the power under certain limited circumstances.
Sections 44-50 of this bill govern the disclaimer or release of a power of appointment. Generally, a disclaimer prevents the acquisition of a power of appointment and a release of a power of appointment occurs after a holder of a power of appointment acquires the power. Section 44 authorizes the holder of a power of appointment to disclaim, an appointee of property under a power of appointment of a taker in default to disclaim the power of appointment or property, as applicable, in accordance with existing law governing disclaimers of property. Section 45 authorizes a holder of a power of appointment to release the power, in whole or in part, unless otherwise provided in the instrument creating the power, and section 46 prescribes the method for the release of a power of appointment. Section 47 authorizes a holder of a power of appointment to revoke or amend a release of a power of appointment under certain limited circumstances. Section 48 authorizes a holder of a presently exercisable power of appointment to: (1) contract not to exercise the power; or (2) exercise the power if the contract when made does not confer a benefit on an impermissible appointee. Section 49 authorizes the holder of a power of appointment that is not presently exercisable to contract to exercise or not to exercise the power only under limited circumstances. Section 50 provides that if a holder of a power of appointment breaches a contract to appoint or not appoint property subject to a power of appointment, the remedy for such breach is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
Sections 51-54 of this bill govern the rights of a creditor of a holder of a power of appointment with respect to property subject to the power. Sections 51 and 52 govern the claims of creditors to property that is subject to a general power of appointment. Section 53 governs a power to withdraw property from a trust. Section 54 governs the claims of creditors to property that is subject to a nongeneral power of appointment.
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. Title 12 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 57, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Powers of Appointment Act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 21, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Appointee means a person to which a powerholder makes an appointment of appointive property.
Sec. 5. Appointive property means the property or property interest subject to a power of appointment.
κ2017 Statutes of Nevada, Page 1373 (CHAPTER 262, SB 454)κ
Sec. 6. Blanket-exercise clause means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:
1. Expressly uses the words any power in exercising any power of appointment the powerholder has;
2. Expressly uses the words any property in appointing any property over which the powerholder has a power of appointment; or
3. Disposes of all property subject to disposition by the powerholder.
Sec. 7. Donor means a person that creates a power of appointment.
Sec. 8. Exclusionary power of appointment means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.
Sec. 9. General power of appointment means a power of appointment exercisable in favor of the powerholder, the powerholders estate, a creditor of the powerholder or a creditor of the powerholders estate.
Sec. 10. Gift-in-default clause means a clause identifying a taker in default of appointment.
Sec. 11. Impermissible appointee means a person that is not a permissible appointee.
Sec. 12. Instrument means a record.
Sec. 13. Nongeneral power of appointment means a power of appointment that is not a general power of appointment.
Sec. 14. Permissible appointee means a person in whose favor a powerholder may exercise a power of appointment.
Sec. 15. Person includes an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
Sec. 16. Power of appointment means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
Sec. 17. Powerholder means a person in which a donor creates a power of appointment.
Sec. 18. Presently exercisable power of appointment means a power of appointment exercisable by the powerholder at the relevant time. The term:
1. Includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified time only after:
(a) The occurrence of the specified event;
(b) The satisfaction of the ascertainable standard; or
(c) The passage of the specified time; and
2. Does not include a power exercisable only at the powerholders death.
Sec. 19. Specific-exercise clause means a clause in an instrument which specifically refers to and exercises a particular power of appointment.
Sec. 20. Taker in default of appointment means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.
κ2017 Statutes of Nevada, Page 1374 (CHAPTER 262, SB 454)κ
Sec. 21. Terms of the instrument means the manifestation of the intent of the maker of the instrument regarding the instruments provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
Sec. 22. Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
1. The creation, revocation or amendment of the power is governed by the law of the donors domicile at the relevant time; and
2. The exercise, release or disclaimer of the power, or the revocation or amendment of the exercise, release or disclaimer of the power, is governed by the law of the powerholders domicile at the relevant time.
Sec. 23. The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this State other than this chapter.
Sec. 24. 1. A power of appointment is created only if:
(a) The instrument creating the power:
(1) Is valid under applicable law; and
(2) Except as otherwise provided in subsection 2, transfers the appointive property; and
(b) The terms of the instrument creating the power manifest the donors intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
2. Subparagraph (2) of paragraph (a) of subsection 1 does not apply to the creation of a power of appointment by the exercise of a power of appointment.
3. A power of appointment may not be created in a deceased individual.
4. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
Sec. 25. A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
Sec. 26. Subject to section 28 of this act, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:
1. Presently exercisable;
2. Exclusionary; and
3. Except as otherwise provided in section 27 of this act, general.
Sec. 27. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:
1. The power is exercisable only at the powerholders death; and
2. The permissible appointees of the power are a defined and limited class that does not include the powerholders estate, the powerholders creditors or the creditors of the powerholders estate.
Sec. 28. 1. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
2. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
3. As used in this section, adverse party means a person with a substantial beneficial interest in property which would be affected adversely by a powerholders exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholders estate, a creditor of the powerholder or a creditor of the powerholders estate.
κ2017 Statutes of Nevada, Page 1375 (CHAPTER 262, SB 454)κ
appointment in favor of the powerholder, the powerholders estate, a creditor of the powerholder or a creditor of the powerholders estate.
Sec. 29. A donor may revoke or amend a power of appointment only to the extent that:
1. The instrument creating the power is revocable by the donor; or
2. The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
Sec. 30. A power of appointment is exercised only:
1. If the instrument exercising the power is valid under applicable law;
2. If the terms of the instrument exercising the power:
(a) Manifest the powerholders intent to exercise the power; and
(b) Subject to section 33 of this act, satisfy the requirements of exercise, if any, imposed by the donor; and
3. To the extent the appointment is a permissible exercise of the power.
Sec. 31. 1. A residuary clause in a powerholders will or a comparable clause in the powerholders revocable trust, manifests the powerholders intent to exercise a power of appointment only if:
(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) The power is a general power exercisable in favor of the powerholders estate;
(c) There is no gift-in-default clause or the clause is ineffective; and
(d) The powerholder did not release the power.
2. As used in this section:
(a) Residuary clause does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(b) Will includes a codicil and a testamentary instrument that revises another will.
Sec. 32. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:
1. Except as otherwise provided in subsection 2, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and
2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
Sec. 33. A powerholders substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
1. The powerholder knows of and intends to exercise the power; and
2. The powerholders manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
Sec. 34. 1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholders estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholders own property.
κ2017 Statutes of Nevada, Page 1376 (CHAPTER 262, SB 454)κ
2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholders estate may appoint only to those creditors.
3. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:
(a) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
(b) Create a general power in a permissible appointee; or
(c) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.
Sec. 35. 1. Subject to NRS 133.200, an appointment to a deceased appointee is ineffective.
2. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
Sec. 36. 1. Except as otherwise provided in section 35 of this act, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.
2. An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
Sec. 37. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholders intent.
Sec. 38. To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke or amend a trust, makes an ineffective appointment:
1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or
2. If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
(a) Passes to:
(1) The powerholder if the powerholder is a permissible appointee and living; or
(2) If the powerholder is an impermissible appointee or deceased, the powerholders estate if the estate is a permissible appointee; or
(b) If there is no taker under paragraph (a), passes under a reversionary interest to the donor or the donors transferee or successor in interest.
Sec. 39. To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke or amend a trust:
1. The gift-in-default clause controls the disposition of the unappointed property; or
2. If there is no gift-in-default clause or to the extent the clause is ineffective:
κ2017 Statutes of Nevada, Page 1377 (CHAPTER 262, SB 454)κ
(a) Except as otherwise provided in paragraph (b), the unappointed property passes to:
(1) The powerholder if the powerholder is a permissible appointee and living; or
(2) If the powerholder is an impermissible appointee or deceased, the powerholders estate if the estate is a permissible appointee; or
(b) To the extent the powerholder released the power, or if there is no taker under paragraph (a), the unappointed property passes under a reversionary interest to the donor or the donors transferee or successor in interest.
Sec. 40. To the extent a powerholder releases, ineffectively exercises or fails to exercise a nongeneral power of appointment:
1. The gift-in-default clause controls the disposition of the unappointed property; or
2. If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:
(a) Passes to the permissible appointees if:
(1) The permissible appointees are defined and limited; and
(2) The terms of the instrument creating the power do not manifest a contrary intent; or
(b) If there is no taker under paragraph (a), passes under a reversionary interest to the donor or the donors transferee or successor in interest.
Sec. 41. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
Sec. 42. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.
Sec. 43. A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:
1. The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or
2. The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.
Sec. 44. As provided by chapter 120 of NRS:
1. A powerholder may disclaim all or part of a power of appointment.
2. A permissible appointee, appointee or taker in default of appointment may disclaim all or part of an interest in appointive property.
Sec. 45. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
Sec. 46. A powerholder of a releasable power of appointment may release the power in whole or in part:
κ2017 Statutes of Nevada, Page 1378 (CHAPTER 262, SB 454)κ
1. By substantial compliance with a method provided in the terms of the instrument creating the power; or
2. If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholders intent by clear and convincing evidence.
Sec. 47. A powerholder may revoke or amend a release of a power of appointment only to the extent that:
1. The instrument of release is revocable by the powerholder; or
2. The powerholder reserves a power of revocation or amendment in the instrument of release.
Sec. 48. A powerholder of a presently exercisable power of appointment may contract:
1. Not to exercise the power; or
2. To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
Sec. 49. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
1. Is also the donor of the power; and
2. Has reserved the power in a revocable trust.
Sec. 50. The remedy for a powerholders breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
Sec. 51. 1. Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholders estate to the extent provided in chapter 112 of NRS.
2. Subject to subsection 1, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholders estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholders estate.
3. Subject to subsections 1 and 2, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:
(a) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and
(b) The powerholders estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholders death.
4. As used in this section, power of appointment created by the powerholder includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.
Sec. 52. 1. Except as otherwise provided in subsection 2, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:
κ2017 Statutes of Nevada, Page 1379 (CHAPTER 262, SB 454)κ
(a) The powerholder, to the extent the powerholders property is insufficient, if the power is presently exercisable; and
(b) The powerholders estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.
2. Subject to subsection 3 of section 54 of this act, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individuals health, education, support or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), as those provisions existed on October 1, 2017, is treated for purposes of sections 51 to 54, inclusive, of this act as a nongeneral power.
Sec. 53. 1. For purposes of sections 51 to 54, inclusive, of this act and except as otherwise provided in subsection 2, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
2. On the lapse, release or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release or waiver exceeds the greater of the amount specified in 26 U.S.C. § 2041(b)(2) and 26 U.S.C. § 2514(e) or the amount specified in 26 U.S.C. § 2503(b), as that section existed on October 1, 2017.
Sec. 54. 1. Except as otherwise provided in subsections 2 and 3, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholders estate.
2. Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholders estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of any provision of chapter 112 of NRS.
3. If the initial gift in default of appointment is to the powerholder or the powerholders estate, a nongeneral power of appointment is treated for purposes of this sections 51 to 54, inclusive, of this act as a general power.
Sec. 55. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 56. This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c) or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).
Sec. 57. 1. Except as otherwise provided in this chapter:
(a) This chapter applies to a power of appointment created before, on or after October 1, 2017;
(b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after October 1, 2017;
(c) This chapter applies to a judicial proceeding concerning a power of appointment commenced before October 1, 2017, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies;
κ2017 Statutes of Nevada, Page 1380 (CHAPTER 262, SB 454)κ
prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies;
(d) A rule of construction or presumption provided in this chapter applies to an instrument executed before October 1, 2017, unless there is a clear indication of a contrary intent in the terms of the instrument; and
(e) Except as otherwise provided in this subsection, an action done before October 1, 2017, is not affected by this chapter.
2. If a right is acquired, extinguished or barred on the expiration of a prescribed period that commenced under law of this State other than this chapter before October 1, 2017, the law continues to apply to the right.
________
Senate Bill No. 473Committee on Judiciary
CHAPTER 263
[Approved: June 1, 2017]
AN ACT relating to crimes; revising provisions concerning the penalty for acts of open or gross lewdness or open and indecent or obscene exposure committed in the presence of a child or a vulnerable person; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who commits any act of open or gross lewdness or who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty of: (1) a gross misdemeanor for the first offense; and (2) a category D felony for any subsequent offense or for any offense committed after the offender has previously been convicted of a sexual offense. Existing law also provides that if a person commits any such offense in the presence of a child under the age of 18 years or a vulnerable person, the person is guilty of a category D felony. (NRS 201.210, 201.220) This bill provides that the increased penalty for committing the offense in the presence of a child under the age of 18 years or a vulnerable person does not apply if the person committing the offense is under the age of 18 years.
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 201.210 is hereby amended to read as follows:
201.210 1. A person who commits any act of open or gross lewdness is guilty:
(a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.
(b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.
(c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.
κ2017 Statutes of Nevada, Page 1381 (CHAPTER 263, SB 473)κ
defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.
Sec. 2. NRS 201.220 is hereby amended to read as follows:
201.220 1. A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:
(a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.
(b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.
(c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.
________
Senate Bill No. 480Committee on Health and Human Services
CHAPTER 264
[Approved: June 1, 2017]
AN ACT relating to children; requiring certain health care providers to notify an agency which provides child welfare services that a newborn infant has been affected by a fetal alcohol spectrum disorder; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law, the Child Abuse Prevention and Treatment Act (CAPTA), provides federal funding to states relating to the prevention, assessment and treatment of child abuse and neglect. (42 U.S.C. §§ 5101 et seq.) The provisions of CAPTA previously provided that, to be eligible for certain federal grants, a state must require health care providers to notify child protection services when an infant shows signs of prenatal exposure to illegal drugs. (42 U.S.C. § 5106a) On July 22, 2016, the federal Comprehensive Addiction and Recovery Act of 2016 (CARA) amended the state grant eligibility requirement in CAPTA to require health care providers to provide such notice: (1) without regard to whether the drug was legal or illegal; and (2) for infants born with and identified as being affected by fetal alcohol spectrum disorder. (Pub. L. No. 114-198, § 503, 130 Stat. 695, 729)
Sections 1-9 of this bill amend existing state law to: (1) bring state law in alignment with certain requirements of CAPTA; and (2) satisfy certain eligibility requirements for grants set forth in CAPTA.
κ2017 Statutes of Nevada, Page 1382 (CHAPTER 264, SB 480)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 432B of NRS is hereby amended by adding thereto a new section to read as follows:
Fetal alcohol spectrum disorder means a continuum of birth defects caused by maternal consumption of alcohol during pregnancy. The term includes, without limitation, fetal alcohol syndrome.
Sec. 2. NRS 432B.010 is hereby amended to read as follows:
432B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 432B.170 is hereby amended to read as follows:
432B.170 Nothing in the provisions of this chapter or NRS 432.0999 to 432.130, inclusive, prohibits an agency which provides child welfare services from sharing information with other state or local agencies if:
1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of [a] :
(a) A child who has been abused or neglected [, or an] ;
(b) An infant who is born and has been affected by [prenatal illegal] :
(1) A fetal alcohol spectrum disorder; or
(2) Prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure ; or [of a]
(c) A person responsible for the childs or infants welfare;
2. The other agency has standards for confidentiality equivalent to those of the agency which provides child welfare services; and
3. Proper safeguards are taken to ensure the confidentiality of the information.
Sec. 4. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
κ2017 Statutes of Nevada, Page 1383 (CHAPTER 264, SB 480)κ
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.
(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A person working in a school who is licensed or endorsed pursuant to chapter 391 or 641B of NRS.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, youth shelter has the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity that provides organized activities for children.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency.
κ2017 Statutes of Nevada, Page 1384 (CHAPTER 264, SB 480)κ
abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
Sec. 5. NRS 432B.230 is hereby amended to read as follows:
432B.230 1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the childs parents or other person responsible for the care of the child;
κ2017 Statutes of Nevada, Page 1385 (CHAPTER 264, SB 480)κ
(c) The nature and extent of the abuse or neglect of the child, the effect of a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
(d) Any evidence of previously known or suspected:
(1) Abuse or neglect of the child or the childs siblings; or
(2) Effects of a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
Sec. 6. NRS 432B.260 is hereby amended to read as follows:
432B.260 1. Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.
2. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:
(a) There is a high risk of serious harm to the child;
(b) The child has suffered a fatality; or
(c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.
3. Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:
(a) The child is not in imminent danger of harm;
(b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens the immediate health or safety of the child;
(c) The alleged abuse or neglect of the child or the alleged effect of a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse on or the withdrawal symptoms resulting from any prenatal drug exposure of the newborn infant could be eliminated if the child and the family of the child are referred to or participate in social or health services offered in the community, or both; or
(d) The agency determines that the:
(1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment; and
(2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.
4. If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.
κ2017 Statutes of Nevada, Page 1386 (CHAPTER 264, SB 480)κ
5. If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, and section 1 of this act, the agency shall inform the person responsible for the childs welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.
6. If the agency determines that an investigation is not warranted, the agency may, as appropriate:
(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or
(b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.
7. If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or the family of the child pursuant to subsection 6, the agency shall require the person to notify the agency if the child or the family refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.
8. If an agency which provides child welfare services determines pursuant to subsection 3 that an investigation is not warranted, the agency may, at any time, reverse that determination and initiate an investigation.
9. An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
Sec. 7. NRS 432B.310 is hereby amended to read as follows:
432B.310 1. Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:
(a) Identifying and demographic information on the child alleged to be abused or neglected, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the abuse or neglect;
(b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted, the severity of the injuries and, if applicable, any information concerning the death of the child; and
(c) The disposition of the case.
2. An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child after the child was born.
Sec. 8. NRS 432B.330 is hereby amended to read as follows:
432B.330 1. A child is in need of protection if:
(a) The child has been abandoned by a person responsible for the welfare of the child;
κ2017 Statutes of Nevada, Page 1387 (CHAPTER 264, SB 480)κ
(b) The child has been subjected to abuse or neglect by a person responsible for the welfare of the child;
(c) The child is in the care of a person responsible for the welfare of the child and another child has:
(1) Died as a result of abuse or neglect by that person; or
(2) Been subjected to abuse by that person, unless the person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child;
(d) The child has been placed for care or adoption in violation of law; or
(e) The child has been delivered to a provider of emergency services pursuant to NRS 432B.630.
2. A child may be in need of protection if the person responsible for the welfare of the child:
(a) Is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;
(b) Fails, although the person is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:
(1) Food, clothing or shelter necessary for the childs health or safety;
(2) Education as required by law; or
(3) Adequate medical care;
(c) Has been responsible for the neglect of a child who has resided with that person; or
(d) Has been responsible for the abuse of another child regardless of whether that person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child.
3. A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
4. A child may be in need of protection if the child is identified as being affected by a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure.
5. As used in this section:
(a) Abuse means:
(1) Physical or mental injury of a nonaccidental nature; or
(2) Sexual abuse or sexual exploitation,
Κ of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the childs health or welfare is harmed or threatened with harm. The term does not include the actions described in subsection 2 of NRS 432B.020.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.
(c) Neglect means abandonment or failure to:
(1) Provide for the needs of a child set forth in paragraph (b) of subsection 2; or
κ2017 Statutes of Nevada, Page 1388 (CHAPTER 264, SB 480)κ
(2) Provide proper care, control and supervision of a child as necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.
Κ The term does not include the actions described in subsection 2 of NRS 432B.020.
Sec. 9. NRS 432B.400 is hereby amended to read as follows:
432B.400 A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected or has been affected by a fetal alcohol spectrum disorder or prenatal [illegal] substance abuse or has withdrawal symptoms resulting from prenatal drug exposure and that the child is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides child welfare services that the physician or other person is holding the child.
Sec. 10. This act becomes effective on July 1, 2017.
________
Senate Bill No. 493Senators Parks, Ford, Segerblom and Woodhouse
CHAPTER 265
[Approved: June 1, 2017]
AN ACT relating to collective bargaining; revising provisions that exclude certain school administrators from membership in a bargaining unit for the purpose of collective bargaining; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally requires a local government employer to engage in collective bargaining with the recognized employee organization, if any, for each bargaining unit among its employees. (NRS 288.150) Existing law excludes from membership in such a bargaining unit any school administrator whose annual salary is greater than $120,000, with the result that such administrators, whether employed at the school level or at the district level, are not allowed to participate in collective bargaining. (NRS 288.170) This bill eliminates the use of salary to determine which administrators are to be excluded from membership in a bargaining unit. This bill instead excludes from such membership any school district administrator above the rank of principal, regardless of salary. This bill has the result of allowing any administrator employed at the school level, regardless of salary, to participate in collective bargaining as a member of a bargaining unit.
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 288.170 is hereby amended to read as follows:
288.170 1. Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating.
κ2017 Statutes of Nevada, Page 1389 (CHAPTER 265, SB 493)κ
the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.
2. A school district administrator [whose annual salary, adjusted for inflation as provided in this subsection, is greater than $120,000 must be excluded from any bargaining unit. The annual salary provided in this subsection must be adjusted on July 1 of each year for the period beginning that day and ending on June 30 of the following year in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the Commissioner shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amount to take effect on July 1 of that year and notify each school district of the adjusted amount.] above the rank of principal, including without limitation, a superintendent, associate superintendent, assistant superintendent or any school district administrator designated as a chief or assistant chief or any central office administrator irrespective of position title who supervises school principals, must be excluded from any bargaining unit.
3. A head of a department of a local government, an administrative employee or a supervisory employee must not be a member of the same bargaining unit as the employees under the direction of that department head, administrative employee or supervisory employee. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.
4. Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.
5. If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.
6. As used in this section:
(a) Confidential employee means an employee who is involved in the decisions of management affecting collective bargaining.
(b) Supervisory employee means a supervisory employee described in paragraph (a) of subsection 1 of NRS 288.075.
Sec. 2. Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any contract of employment or collective bargaining agreement entered into before July 1, 2017, but do apply to any extension or renewal of such a contract or agreement and to any contract of employment or collective bargaining agreement entered into on or after July 1, 2017.
Sec. 3. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1390κ
Senate Bill No. 499Committee on Natural Resources
CHAPTER 266
[Approved: June 1, 2017]
AN ACT relating to forestry; revising provisions governing logging and related activities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes minimum standards for forest practices and procedural requirements with which timber owners and operators are required to comply when conducting logging operations. (NRS 528.010-528.090) For purposes of the applicability of these standards and requirements, sections 1.3 and 1.7 of this bill define logging operation and timber owner.
Existing law prohibits certain activities, including the felling of trees, from occurring within 200 feet from a body of water unless a variance is obtained from a committee consisting of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer. (NRS 528.053) This bill clarifies that the requirement for obtaining a variance only applies to a logging operation.
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 528 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. Logging operation means the commercial harvesting of trees by a timber owner or the agent of a timber owner by felling, skidding, forwarding or yarding, onsite processing and loading of trees or logs onto trucks.
Sec. 1.7. Timber owner means a person or entity who owns a tree-dominated landscape which is naturally capable of supporting adequately stocked stands of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial or urban uses.
Sec. 2. NRS 528.010 is hereby amended to read as follows:
528.010 NRS 528.010 to 528.090, inclusive, and sections 1.3 and 1.7 of this act may be cited as the Nevada Forest Practice Act of 1955.
Sec. 3. NRS 528.012 is hereby amended to read as follows:
528.012 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 528.013 to 528.027, inclusive, and sections 1.3 and 1.7 of this act have the meanings ascribed to them in such sections.
Sec. 4. NRS 528.053 is hereby amended to read as follows:
528.053 1. No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of such vehicles, may take place during a logging operation within 200 feet, measured on the slope, of the high-water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained from a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer.
κ2017 Statutes of Nevada, Page 1391 (CHAPTER 266, SB 499)κ
2. The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.
3. In acting on a request for such variances, the committee shall consider the following factors:
(a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;
(b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;
(c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;
(d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;
(e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and
(f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.
Sec. 4.3. NRS 528.070 is hereby amended to read as follows:
528.070 The fire prevention and suppression practices of every timber owner or operator conducting logging operations in this State shall conform to the following:
1. All such timber owners or operators shall fell all snags over 20 feet in height which are 16 inches d.b.h. or larger concurrently with the felling of live merchantable timber on forest lands in this State. However, in salvaging fire-killed or insect-killed timber where the average number of snags, after logging, will be greater than four per acre, the timber owner or operator shall dispose of only an average of four snags per acre.
2. All limbs from unutilized portions of trees and reproduction, felled or knocked down by logging or construction, within 100 feet of the traveled surface of any public road and main logging roads shall be lopped and scattered currently in the course of operations. In areas where a timber owner or operator chooses to pile and burn lopped slash, the slash shall be piled and burned where the burning will not damage residual trees or reproduction. The piled slash shall be burned at a safe time as determined by the State Forester Firewarden. Piles that fail to burn clean shall be repiled and burned. All reasonable precautions shall be taken to confine such burning to the piled slash.
Sec. 4.5. NRS 528.080 is hereby amended to read as follows:
528.080 1. Every timber owner or operator operating during the fire season shall have a fire protection organization and program for the prevention and suppression of fires on operating areas. The timber owner or operator shall make immediate and continuing attack on all forest fires occurring in his or her operating area and upon adjacent lands owned or controlled by the operator, employing his or her normal logging crew and equipment to the extent necessary to suppress such fires, and he or she shall observe the following practices:
κ2017 Statutes of Nevada, Page 1392 (CHAPTER 266, SB 499)κ
(a) Perform loading, equipment servicing, welding and other hazardous operations over bare ground that extends at least 10 feet on all sides from such operations.
(b) Obtain permits for blasting from the local forest officer, as required by law. A worker shall remain on the scene for at least 1 hour following any blasting.
(c) Each year the timber owner or operator shall give written notice to the State Forester Firewarden of the timber owners or operators intent to commence logging operations on a specified area, prior to the commencement of operations. The State Forester Firewarden shall then furnish a standard fire plan form which the operator shall fill out and return to the State Forester Firewarden not later than 10 days prior to commencement of operations.
2. The fire plan shall be observed and shall include at least the following:
(a) Names of all personnel having responsibility in fire suppression, indicating their duties and line of authority.
(b) Location and number of persons ordinarily available for fire fighting.
(c) Arrangement for receiving reports of fires at any and all times during the dry season, and arrangement for summoning the crew both on and off shift.
(d) Lists showing the type, number and location of tools and equipment reserved for use only on fires, and, also, those units of regular operating equipment that may be used for fire fighting.
(e) Legal description of logging area.
3. The State Forester Firewarden may promulgate such additional reasonable rules and regulations as he or she may deem necessary.
Sec. 4.7. NRS 528.082 is hereby amended to read as follows:
528.082 1. Any [person, firm, partnership, association or corporation owning timberland which] timber owner whose timberland is to be devoted to any use other than the growing of timber shall file an application for a timberland conversion certificate with the State Forester Firewarden.
2. Such application shall be on a form prescribed by the State Forester Firewarden and shall include the following information:
(a) The name of the [timberland owner of record,] timber owner and his or her address.
(b) The legal description of the land to be converted.
(c) The approximate number of acres to be converted.
Sec. 5. NRS 528.090 is hereby amended to read as follows:
528.090 Any person who violates any of the provisions of NRS 528.010 to 528.090, inclusive, and sections 1.3 and 1.7 of this act or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, and sections 1.3 and 1.7 of this act is guilty of a misdemeanor.
Sec. 6. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1393κ
Assembly Bill No. 5Committee on Government Affairs
CHAPTER 267
[Approved: June 1, 2017]
AN ACT relating to local improvements; providing for the creation of certain local improvement districts that include an energy efficiency improvement project or a renewable energy project; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the procedures for a governing body to acquire, improve, equip, operate or maintain local improvement districts that include various types of projects, including energy efficiency improvement projects and renewable energy projects. (NRS 271.265-271.630) This bill provides for the creation by a local government, without an election, of a local improvement district that includes an energy efficiency improvement project or a renewable energy project.
Section 1.1 of this bill authorizes a local government to create such a district on certain commercial or industrial real property. Section 1.2 of this bill establishes certain requirements for a local government to create a district, including obtaining signed consent from the owner of any tract on which an energy efficiency improvement project or renewable energy project will be located and from certain lenders who hold a mortgage or other lien on a property on which such a project will be located. Section 1.4 of this bill provides certain requirements for construction in such a district. Section 1.6 of this bill requires a local government to adopt a resolution establishing the procedures for the creation of a district.
Sections 2 and 3 of this bill revise the definitions of energy efficiency improvement project and renewable energy project. Section 4 of this bill provides a procedure for an owner of a tract to object to the inclusion of the tract within a district. Section 5 of this bill establishes requirements for the proceeds of bonds used to pay certain costs related to an energy efficiency improvement project or a renewable energy project. Section 6 of this bill revises requirements for the interest rate of bonds sold to defray certain costs for local improvement districts.
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 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.6, inclusive, of this act.
Sec. 1.1. 1. The governing body of a municipality, on behalf of the municipality and in its name, without an election, may create a district to finance one or more energy efficiency improvement projects or renewable energy projects:
(a) On qualifying commercial or industrial real property, which may include any real property other than:
(1) A residential dwelling that contains fewer than five individual dwelling units; or
(2) Property financed by a government-guaranteed financing program that prohibits the subordination of the governments interest in the property or otherwise prohibits a contract under sections 1.1 to 1.6, inclusive, of this act.
(b) That meet one of the following requirements:
κ2017 Statutes of Nevada, Page 1394 (CHAPTER 267, AB 5)κ
(1) For an energy efficiency improvement project, the project must be determined to be appropriate through an energy audit conducted by a qualified service company. A project may be determined to be appropriate if:
(I) The energy audit includes a summary of recommendations, which for each recommendation must include existing and expected consumption and expected energy savings expressed in British thermal units, kilowatt-hours, and kilowatts, the expected annual energy savings, the cost, the payback period in years, the expected life cycle in years and the percentage of savings, as applicable; and
(II) The expected energy savings from the project exceeds the investment costs of the project.
(2) For a renewable energy project, the project must be determined to be feasible through a written feasibility study conducted by a qualified service company.
2. A bond or interim warrant issued for a district created pursuant to this section must not be secured by a pledge of the general credit or taxing power of the municipality or by the surplus and deficiency fund established pursuant to NRS 271.428.
3. The improvements to or installations within a district created pursuant to this section must not be owned by a municipality but shall be deemed to be the property of the owner of the tract upon which the improvement or installation is located.
4. The provisions of:
(a) NRS 271.275 to 271.365, inclusive, do not apply to a district which is created pursuant to this section.
(b) NRS 271.495 and 271.500 do not apply to any bonds or interim warrants issued to finance an energy efficiency improvement project or renewable energy project within a district created pursuant to this section.
5. As used in this section:
(a) Energy audit means a formal evaluation of the energy consumption of a permanent building or any structural improvement to real property that is consistent with the requirements of ASTM International Standard E2797, Standard Practice for Building Energy Performance Assessment for a Building Involved in a Real Estate Transaction, the ASHRAE Level 2 or 3 guidelines for energy audits or any comparable energy assessment guidelines.
(b) Qualified service company has the meaning ascribed to it in NRS 333A.060.
Sec. 1.2. 1. A governing body may create a district pursuant to section 1.1 of this act only if:
(a) The governing body has, pursuant to section 1.6 of this act, adopted by resolution a procedure for the creation and administration of a district for the purpose of financing one or more energy efficiency improvement projects or renewable energy projects.
(b) Each owner of each tract on which an energy efficiency improvement project or renewable energy project will be located consents in writing to the location of the project on the tract and the levy of an assessment against the tract to pay all or a portion of the cost thereof in an amount up to the estimated maximum benefit to the tract from the installation or improvement. The estimated maximum benefit may not exceed the market value of the tract as determined by the governing body.
κ2017 Statutes of Nevada, Page 1395 (CHAPTER 267, AB 5)κ
(c) Each consent provided pursuant to paragraph (b):
(1) Describes the tract to be assessed and the improvements to be financed;
(2) States the estimated maximum benefit that the owner agrees will be conferred on the tract by virtue of the installation or improvement; and
(3) Is accompanied by:
(I) A signed copy of each contract between an owner of the tract and each contractor described in section 1.4 of this act pursuant to which the contractor agrees to construct, acquire and install the installation or improvement identified in the consent at a total price which does not exceed the limitation set forth in section 1.4 of this act and which contains any terms, including, without limitation, application fees and costs, the total amount financed, annual percentage rate, total amount paid over the life of any assessment, any appraisal fees, bond-related costs, annual administrative fees, closing costs, credit reporting fees and recording fees, and such other terms not inconsistent with the provisions of sections 1.1 to 1.6, inclusive, of this act or with the resolution adopted pursuant to section 1.6 of this act, as may be agreed upon by the owner of the tract and the contractor and is acceptable to the governing body; and
(II) A deposit in an amount determined in the manner specified in the resolution adopted pursuant to section 1.6 of this act, which may be refunded if the project to which the consent relates is completed and is financed with assessments levied pursuant to this chapter within the period specified in the resolution.
(d) The outstanding amount owed on all recorded instruments which are liens against any tract included in the district does not exceed 90 percent of the estimated fair market value of the property assessed, as defined by the governing body, taking into account the imposition of the liens for assessments pursuant to sections 1.1 to 1.6, inclusive, of this act and the additional value added to the tract by a project financed pursuant to sections 1.1 to 1.6, inclusive, of this act.
(e) Any lender who holds a lien on any tract on which an energy efficiency improvement project or renewable energy project will be located consents in writing to the levy of an assessment against the tract to pay all or a portion of the cost of the installation or improvement. A consent signed pursuant to this paragraph must be in a recordable form and is binding on the holder of a lien who signs the consent. A lender described in this paragraph is entitled, within 30 days after providing consent pursuant to this paragraph, to offer a loan to the owner of the tract as the primary lender on the new levy of an assessment.
2. Each consent provided pursuant to paragraph (b) of subsection 1 and each amendment thereto must be recorded in the office of the county recorder and, once recorded, is binding on the owner who signed the consent and any other person who holds any interest in the tract to which the consent relates and who signed the consent.
3. A district created pursuant to section 1.1. of this act may be created at any time as designated by a governing body, but must only include tracts for which a consent has been recorded pursuant to subsection 2.
4. As used in this section, lender means a mortgagee, the beneficiary of a deed of trust or other creditor who holds a mortgage, deed of trust or other instrument that encumbers a tract as security for the repayment of a loan used to purchase the tract.
κ2017 Statutes of Nevada, Page 1396 (CHAPTER 267, AB 5)κ
Sec. 1.4. Construction within a district created pursuant to section 1.1. of this act must be completed through independent contracts with contractors licensed in Nevada who are approved by the governing body. The municipality is not responsible for the construction, or any defects or delays thereof. The laws of this State relating to public bidding, public works or public procurement are not applicable to contracts for construction executed pursuant to this subsection. The total contract price of any improvement or installation must not exceed 80 percent of the estimated maximum benefit for the tract as stated in the consent, as it may be amended from time to time, unless the owner of the property to be assessed:
1. Agrees to pay and pays, or causes another party to pay, the difference between 80 percent of the estimated maximum benefit and the total contract price from a source other than financing provided pursuant to this chapter; and
2. Agrees in writing that the improvement or installation will in fact benefit the tract by an amount at least equal to the sum of the estimated maximum benefit stated in the consent and the amount to be paid from a source other than financing provided pursuant to this chapter.
Sec. 1.6. 1. Before creating a district pursuant to section 1.1. of this act, a governing body must adopt a resolution which specifies the procedures for the creation and administration of such a district. The resolution may provide for one or more of the following:
(a) Additional notices of the proposal to create the district, notices of the opportunity to apply for inclusion in the district or any other notices;
(b) A reserve of money for bonds issued for the district, the method of funding the reserve and the disposition of any interest earned upon or the principal of the reserve that is not needed to repay any bonds or interim warrants issued for the purposes of financing an energy efficiency improvement project or renewable energy project within the district;
(c) Any other security for those bonds or interim warrants, and the method of determining the term of the bonds in compliance with NRS 271.515;
(d) Any requirements for casualty insurance, liability insurance or other types of insurance for any project within the district;
(e) The method of determining the lien-to-value ratio of the property for the purpose of complying with the limitation prescribed by paragraph (d) of subsection 1 of section 1.2 of this act;
(f) Any limitation on the lien-to-value ratio that would result in a lower lien-to-value ratio than that prescribed by paragraph (d) of subsection 1 of section 1.2 of this act;
(g) Any limitation on the amount of the contract price, as a percentage of the estimated maximum benefit, that is lower than the limitation prescribed by section 1.4 of this act;
(h) Any sources, other than the proceeds of assessments, that will be used to pay:
(1) The cost of construction and installation of improvements financed pursuant to sections 1.1 to 1.6, inclusive, of this act;
(2) The cost of any reserve of money or other security for financing an energy efficiency improvement project or renewable energy project pursuant to sections 1.1 to 1.6, inclusive, of this act; or
κ2017 Statutes of Nevada, Page 1397 (CHAPTER 267, AB 5)κ
(3) The cost of engineering work, the cost to issue any bonds or provide other financing, or the cost of other incidentals pursuant to sections 1.1 to 1.6, inclusive, of this act;
(i) Any other security features, covenants required of property owners, covenants required of other parties or any other covenants, guarantees, insurance or other matters which the governing body finds are necessary or desirable for the financing of an energy efficiency improvement project or renewable energy project pursuant to sections 1.1 to 1.6, inclusive, of this act; and
(j) Any other matters, procedures or financing terms which the governing body, in its sole discretion, determines are necessary or desirable to carry out the purposes of sections 1.1 to 1.6, inclusive, of this act.
2. A resolution adopted pursuant to this section:
(a) Must contain or incorporate by reference an exhibit describing each tract to be assessed, the type of improvement or installation to be financed for each tract and the estimated maximum benefit as stated in the consent provided pursuant to paragraph (b) of subsection 1 of section 1.2 of this act.
(b) May be adopted as if an emergency exists by a vote of not less than two-thirds of all the voting members of the governing body.
Sec. 2. NRS 271.099 is hereby amended to read as follows:
271.099 Energy efficiency improvement project means the installation or modification of [real property or the facilities or equipment on the real property that is designed to reduce the energy consumption of the real property.] one or more energy efficiency improvements and incidentals which are necessary, useful or desirable for any such improvements and which installation or modification has a useful life, as estimated by a governing body, of not less than 10 years.
Sec. 3. NRS 271.199 is hereby amended to read as follows:
271.199 Renewable energy project means any improvement to real property, and facilities and equipment used to generate electricity from renewable energy to offset customer load in whole or in part on the [premises,] real property, and all appurtenances and incidentals necessary, useful or desirable for any such [real property,] improvements, facilities and equipment [.] , and which improvement has a useful life, as estimated by a governing body, of not less than 10 years.
Sec. 4. NRS 271.385 is hereby amended to read as follows:
271.385 1. At the time and place designated pursuant to NRS 271.380, the governing body shall hear and determine any written complaint, protest or objection filed as provided in that section and any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure. The governing body may adjourn the hearing from time to time.
2. The governing body, by resolution, may revise, correct, confirm or set aside any assessment and order that the assessment be made de novo.
3. Any complaint, protest or objection to:
(a) The assessment roll;
(b) The regularity, validity and correctness of each assessment;
(c) The amount of each assessment; or
(d) The regularity, validity and correctness of any other proceedings occurring after the date of the hearing described in NRS 271.310 and before the date of the hearing governed by this section,
κ2017 Statutes of Nevada, Page 1398 (CHAPTER 267, AB 5)κ
Κ shall be deemed waived unless filed in writing within the time and in the manner provided by NRS 271.380.
4. If any owner of a tract which is assessed for the purpose of creating a district pursuant to section 1.1 of this act objects in writing within the time and in the manner provided by NRS 271.380, the tract must be removed from the assessment roll, and the municipality shall not finance the project located on the tract unless the objecting owner withdraws his or her objection in writing within the time specified by the governing body.
Sec. 5. NRS 271.475 is hereby amended to read as follows:
271.475 1. The governing body shall likewise have power to issue negotiable bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
2. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality, or any combination thereof, may:
(a) Be adopted as if an emergency existed. The declaration of the governing body, if any, is conclusive in the absence of fraud or gross abuse of discretion.
(b) Become effective at any time when an emergency ordinance of the municipality may go into effect.
(c) Be adopted by not less than two-thirds of all of the voting members of the governing body, excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote.
3. The proceeds of bonds which are to be used to pay the costs of construction, acquisition or installation of an energy efficiency improvement project or renewable energy project within a district created pursuant to subsection 1 of section 1.1 of this act must be paid to the contractor as directed in writing by the owner of the tract on which the project is located or, if the owner has paid the contractor, must be paid to reimburse the owner, but in either case, only upon receipt of:
(a) Written evidence that the installation or improvement is complete, or verification through an inspection if so authorized in the resolution adopted pursuant to section 1.6 of this act or if the municipality otherwise determines to make an inspection;
(b) A waiver of any mechanics or materialmans lien if so authorized in the resolution adopted pursuant to section 1.6 of this act; and
(c) Written evidence that the total contract price has been paid, unless the price is to be paid by the municipality to or at the direction of the contractor.
Κ No such inspection or review or receipt of a waiver imposes any liability on the municipality for any constructed, acquired or installed energy efficiency improvement project or renewable energy project or any unconstructed, unacquired or uninstalled item, any defect in any such item, any failure of any party to pay for any item, or any lien, including, without limitation, any mechanics or materialmans lien.
Sec. 6. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
κ2017 Statutes of Nevada, Page 1399 (CHAPTER 267, AB 5)κ
may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
2. Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195, inclusive:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in this paragraph and in NRS 99.067, 271.487 and 271.730, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project. If the bonds bear an amount of interest that is included in gross income for the purposes of calculating federal income tax pursuant to the provisions of Title 26 of the United States Code, the net effective interest rate must not exceed twice the maximum interest rate as provided in this paragraph.
3. Except as otherwise provided in subsection 4 and NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.
4. Except as otherwise provided in NRS 271.730, if a governing body creates a district pursuant to the provisions of NRS 271.710, the governing body or chief financial officer of the municipality shall, in consultation with a financial advisor or the underwriter of the bonds, fix the rate of interest of the bonds at a rate of interest such that the principal and interest due on the bonds in each year, net of any interest capitalized from the proceeds of the bonds, will not exceed the amount of principal and interest to be collected on the special assessments during that year.
5. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
6. Any accrued interest must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
7. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
8. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
κ2017 Statutes of Nevada, Page 1400 (CHAPTER 267, AB 5)κ
10. The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330, but has elected to proceed pursuant to subsection 1 of that section.
11. If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of the frontage to be assessed, or of the area, zone or other basis of assessment, file written complaints, protests and objections to the project, as provided in NRS 271.306, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.
Sec. 7. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 41Committee on Government Affairs
CHAPTER 268
[Approved: June 1, 2017]
AN ACT relating to State Government; revising qualifications for certain members of the State Public Works Board; revising qualifications for administrators of certain divisions of State Government; providing that the State Library, Archives and Public Records Administrator is in the unclassified service of the State; authorizing the Chief Medical Officer to maintain a clinical practice under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, certain members appointed to the State Public Works Board must be licensed in this State as a general building contractor or general engineering contractor. Section 1 of this bill provides that such members may also be appointed if they were licensed in the past.
Existing law requires the Administrator of the State Public Works Division of the Department of Administration to have a masters degree or doctoral degree in certain subjects and certain experience. Existing law also requires the Deputy Administrator of the Public Works - Professional Services Section to be a licensed professional engineer or a registered architect if the Administrator is not. Section 2.5 of this bill provides that the Administrator may be a licensed professional engineer or a registered architect in lieu of having a masters degree or doctoral degree in the specified fields and the required experience. Section 2.5 also requires the Deputy Administrator of the Public Works - Professional Services Section to be a licensed professional engineer or a registered architect, regardless of the Administrators qualifications.
κ2017 Statutes of Nevada, Page 1401 (CHAPTER 268, AB 41)κ
Existing law requires the Administrator of the Division of Internal Audits of the Office of Finance to be a certified public accountant licensed in this State or a public accountant qualified under existing law. The Administrator must also have at least 5 years of certain professional experience. (NRS 353A.041) Section 3 of this bill provides that in order to qualify for the position, the Administrator may instead be a certified internal auditor or government auditing professional or have a masters degree in business administration, accounting, finance or a closely related field. Section 3 also requires the Administrator to have at least 6 years of certain professional experience.
Section 4 of this bill provides that the State Library, Archives and Public Records Administrator is in the unclassified service rather than the classified service of the State.
Existing law requires the Administrator of the Division of Health Care Financing and Policy of the Department of Health and Human Services to have a degree in public administration, business administration or a similar field of study. (NRS 422.2354) Section 5 of this bill instead, requires the Director of the Department to give preference to a person who has a degree in these fields.
Existing law prohibits the Chief Medical Officer from engaging in any other business or occupation. (NRS 439.110) Section 10 of this bill removes this restriction and authorizes the Chief Medical Officer, with the approval of the Director, to maintain a clinical practice.
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 341.020 is hereby amended to read as follows:
341.020 1. The State Public Works Board is hereby created.
2. The Board consists of the Director of the Department and six members appointed as follows:
(a) The Governor shall appoint:
(1) One member who has education or experience, or both, regarding the principles of engineering or architecture;
(2) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and
(3) Two members who are or have been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.
(b) The Majority Leader of the Senate shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.
(c) The Speaker of the Assembly shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.
3. Each member of the Board who is appointed serves at the pleasure of the appointing authority.
4. A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.
Sec. 2. (Deleted by amendment.)
Sec. 2.5. NRS 341.100 is hereby amended to read as follows:
341.100 1. The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.
κ2017 Statutes of Nevada, Page 1402 (CHAPTER 268, AB 41)κ
2. The Administrator shall appoint:
(a) A Deputy Administrator of the Public Works - Professional Services Section; and
(b) A Deputy Administrator of the Buildings and Grounds Section.
Κ Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.
3. The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.
4. The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
5. The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
6. The Administrator must [have] :
(a) Have a masters degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and [must have] experience in management, public administration or public policy [. If the Administrator is not a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS, the] ; or
(b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
7. The Deputy Administrator of the :
(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
[7. The Deputy Administrator of the]
(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.
8. The Administrator shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Division.
(c) Represent the Board and the Division before the Legislature.
(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.
(e) Select architects, engineers and contractors.
(f) Accept completed projects.
κ2017 Statutes of Nevada, Page 1403 (CHAPTER 268, AB 41)κ
(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:
(1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;
(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;
(3) Delays in the completion of the design or construction of the project or any substantial component of the project; or
(4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.
(h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
9. The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:
(a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and
(b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942, 449.345, 455C.115, 461.173, 472.105 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.
Sec. 3. NRS 353A.041 is hereby amended to read as follows:
353A.041 1. The Administrator must:
(a) Be a certified public accountant licensed by this state or a public accountant qualified pursuant to chapter 628 of NRS to practice public accounting in this state; [and]
(b) Be a certified internal auditor or government auditing professional; or
(c) Have a masters degree in business administration, accounting, finance or a closely related field.
2. The Administrator must have at least [5] 6 years of progressively responsible experience in professional auditing and performing internal audits or postaudits. The experience must include, without limitation, the performance of audits of governmental entities or of private business organizations, whether or not organized for profit.
[2.] 3. The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his or her duties.
κ2017 Statutes of Nevada, Page 1404 (CHAPTER 268, AB 41)κ
Sec. 4. NRS 378.010 is hereby amended to read as follows:
378.010 The State Library, Archives and Public Records Administrator:
1. Is appointed by, responsible to, and serves at the pleasure of the Director.
2. Must be appointed on the basis of merit.
3. Is in the [classified] unclassified service [, except for the purposes of removal.] of the State.
Sec. 5. NRS 422.2354 is hereby amended to read as follows:
422.2354 The Administrator must:
1. Be appointed on the basis of his or her training, education, experience and interest in the financing of programs for public health, including, without limitation, the financing of Medicaid.
[2. Be a graduate in public administration, business administration or a similar area of study from an accredited college or university.
3.] In appointing the Administrator, the Director shall, to the extent practicable, give preference to a person who has a degree in a field of public administration, business administration or a related field.
2. Have not less than 3 years of demonstrated successful experience in the financing of health care or other public programs, and not less than 1 year of experience relating to Medicaid, or any equivalent combination of training and experience.
[4.] 3. Possess qualities of leadership in the fields of health care and the financing of health care.
Secs. 6-9. (Deleted by amendment.)
Sec. 10. NRS 439.110 is hereby amended to read as follows:
439.110 1. Except as otherwise provided in [subsection 2] this section and NRS 284.143, the Chief Medical Officer shall devote his or her full time to the official duties of the Chief Medical Officer and shall not engage in any other business or occupation.
2. Notwithstanding the provisions of NRS 281.127, the Chief Medical Officer may cooperate with the Nevada System of Higher Education in the preparation and teaching of preservice professional workers in public health and in a program providing additional professional preparation for behavioral health workers and public health workers employed by the State of Nevada.
3. With the approval of the Director, the Chief Medical Officer may maintain a clinical practice that is not established through the University of Nevada in order to retain expertise and remain current in his or her specialized field.
Sec. 11. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 1405κ
Assembly Bill No. 46Committee on Health and Human Services
CHAPTER 269
[Approved: June 1, 2017]
AN ACT relating to mental health; providing for the certification and regulation of providers of community-based living arrangement services; requiring a person or entity to consider certain factors when determining the placement of a person with a mental illness or a person with a related condition; clarifying that providers of community-based living arrangement services, supported living arrangement services and temporary respite services are not subject to certain licensing and regulatory requirements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) imposes certain requirements relating to supported living arrangement services provided to persons with intellectual disabilities and related conditions; and (2) authorizes the Aging and Disability Services Division of the Department of Health and Human Services to take certain actions to regulate the provision of such services. (NRS 435.3305-435.339) Sections 2-12 of this bill enact similar provisions that apply to community-based living arrangement services. Section 4 defines community-based living arrangement services to mean flexible, individualized services provided in the home to persons with mental illness or persons with related conditions that are designed to help such persons maximize their independence.
Section 5 requires a person or entity to be certified by the Division of Public and Behavioral Health of the Department or be a natural person who is employed by the holder of a certificate before providing community-based living arrangement services. Section 6: (1) requires the State Board of Health to adopt regulations governing community-based living arrangement services; and (2) authorizes the Board to impose a fee for the issuance or renewal of a certificate. Section 7: (1) requires an applicant for renewal of a certificate who has a state business registration to provide his or her business identification number in the application; and (2) prohibits the renewal of a certificate if the applicant fails to provide such information or is delinquent on a debt to a state agency.
Section 8 authorizes the Division to investigate an applicant for the issuance or renewal of a certificate or a provider of community-based living arrangement services against whom a complaint has been filed. Section 8 also authorizes the Division to employ such persons and enter into such agreements as are necessary to carry out provisions of law governing community-based living arrangement services. Section 9 authorizes the Division to bring an action to enjoin any person or entity who provides community-based living arrangement services without a certificate or after a certificate has been revoked or suspended.
Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations. (42 U.S.C. § 666) Sections 10-12 enact such procedures applicable to applicants for certificates in order to comply with federal law.
Section 12.5 of this bill requires any person or entity that determines the placement of a person with a mental illness or a person with a related condition to consider the ability of a facility or provider of services to meet the needs of the person and ensure the safety of the person.
κ2017 Statutes of Nevada, Page 1406 (CHAPTER 269, AB 46)κ
Certain providers of nursing services are subject to regulation under existing law as medical facilities. (NRS 449.0015, 449.0151, 449.0153) Sections 16 and 19 of this bill exempt providers of community-based living arrangement services from those provisions. Existing law defines supported living arrangement services to mean flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a related condition that are designed and coordinated to assist the person in maximizing the persons independence. (NRS 435.3315) Sections 18 and 20 of this bill clarify that a home in which community-based living arrangement services or supported living arrangement services are provided does not constitute a residential facility for groups or a home for individual residential care subject to regulation under chapter 449 of NRS. Section 17 of this bill provides that an agency that contracts with the Aging and Disability Services Division of the Department to provide temporary respite services, which are services provided to a natural person periodically to provide a respite to the persons regular caregiver, is not an agency to provide personal care services in the home subject to regulation under chapter 449 of NRS.
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 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12.5, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Certificate means a certificate that authorizes a natural person or entity to provide services that is issued by the Division pursuant to sections 2 to 12, inclusive, of this act and the regulations adopted pursuant thereto.
Sec. 4. Community-based living arrangement services or services means flexible, individualized services, including, without limitation, training and habilitation services, that are:
1. Provided in the home, for compensation, to persons with mental illness or persons with related conditions who are served by the Division or any other entity; and
2. Designed and coordinated to assist such persons in maximizing their independence.
Sec. 5. 1. Except as otherwise provided in subsection 2, a person, government or governmental agency shall not provide services without first obtaining a certificate from the Division.
2. A natural person who has not been issued a certificate but is employed by the holder of a certificate may provide services within the scope of his or her employment by the holder.
Sec. 6. 1. The State Board of Health shall adopt regulations governing services, including, without limitation, regulations that set forth:
(a) Standards for the provision of quality care by a provider of services;
(b) Requirements for the issuance and renewal of a certificate; and
(c) The rights of consumers of services, in addition to those prescribed in this chapter, including, without limitation, the right of a consumer to file a complaint against a provider of services and the procedure for filing such a complaint.
κ2017 Statutes of Nevada, Page 1407 (CHAPTER 269, AB 46)κ
2. The State Board of Health may, by regulation, prescribe a fee for:
(a) The issuance of a certificate; and
(b) The renewal of a certificate.
3. Any fee prescribed pursuant to subsection 2 must be calculated to produce the revenue estimated to cover the costs related to the issuance and renewal of certificates, but in no case may the fee for the issuance or renewal of a certificate exceed the actual cost to the Division of issuing or renewing the certificate, as applicable.
Sec. 7. 1. In addition to any other requirements set forth in this chapter and the regulations adopted pursuant to section 6 of this act, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate may not be renewed if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020.
(b) Debt has the meaning ascribed to it in NRS 353C.040.
Sec. 8. The Division may:
1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of the applicant;
2. Upon receipt of a complaint against a provider of services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of the personnel, methods of operation, policies, procedures and records of the provider of services;
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 2 to 12, inclusive, of this act; and
4. Enter into such agreements with public and private agencies as it deems necessary for the provision of services.
Sec. 9. 1. The Division may bring an action in the name of the State of Nevada to enjoin any person, government or governmental agency from providing services:
(a) Without first obtaining a certificate from the Division; or
(b) After the certificate has been revoked or suspended by the Division.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide services without a certificate.
Sec. 10. 1. A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520.
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prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate may not be issued or renewed by the Division if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 11. The application of a natural person who applies for the issuance of a certificate must include the social security number of the applicant.
Sec. 12. 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 12.5. 1. Any person or entity, including, without limitation, the Division, that determines the placement of a person with a mental illness or a person with a related condition in a mental health facility, medical facility or facility for the dependent, with a provider of community-based living arrangement services or any other placement shall, when making such a determination, consider whether the mental health facility, medical facility, facility for the dependent, provider of community-based living arrangement services or other placement is capable of:
κ2017 Statutes of Nevada, Page 1409 (CHAPTER 269, AB 46)κ
(a) Adequately addressing the needs of the person for care and services, including, without limitation, the administration of medication; and
(b) Ensuring the safety of the person in the event of a fire or other emergency.
2. As used in this section:
(a) Community-based living arrangement services has the meaning ascribed to it in section 4 of this act.
(b) Facility for the dependent has the meaning ascribed to it in NRS 449.0045.
(c) Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 13. NRS 439B.225 is hereby amended to read as follows:
439B.225 1. As used in this section, licensing board means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 652 or 654 of NRS [.] or sections 2 to 12, inclusive, of this act.
2. The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:
(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;
(b) The effect of the regulation on the cost of health care in this State;
(c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and
(d) Any other related factor the Committee deems appropriate.
3. After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.
4. The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.
Sec. 14. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
Community-based living arrangement services has the meaning ascribed to it in section 4 of this act.
Sec. 15. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 14 of this act have the meanings ascribed to them in those sections.
Sec. 16. NRS 449.0015 is hereby amended to read as follows:
449.0015 1. Agency to provide nursing in the home means any person or governmental organization which provides in the home, through its employees or by contractual arrangement with other persons, skilled nursing and assistance and training in health and housekeeping skills.
2. The term does not include [a] :
(a) A provider of community-based living arrangement services during any period in which the provider of community-based living arrangement services is engaged in providing community-based living arrangement services; or
κ2017 Statutes of Nevada, Page 1410 (CHAPTER 269, AB 46)κ
(b) A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.
Sec. 17. NRS 449.0021 is hereby amended to read as follows:
449.0021 1. Agency to provide personal care services in the home means any person, other than a natural person, which provides in the home the services authorized pursuant to NRS 449.1935 to elderly persons or persons with disabilities.
2. The term does not include:
(a) An independent contractor who provides nonmedical services specified in NRS 449.1935 without the assistance of employees;
(b) An organized group of persons composed of the family or friends of a person needing personal care services that employs or contracts with persons to provide nonmedical services specified in NRS 449.1935 for the person if:
(1) The organization of the group of persons is set forth in a written document that is made available for review by the Division upon request; and
(2) The personal care services are provided to only one person or one family who resides in the same residence; [or]
(c) An intermediary service organization [.] ; or
(d) A person or agency that contracts with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services.
3. As used in this section [, intermediary] :
(a) Intermediary service organization has the meaning ascribed to it in NRS 449.4304.
(b) Temporary respite services means services provided through a contract with the Aging and Disability Services Division of the Department of Health and Human Services to a natural person on a periodic basis to provide a respite for a regular provider of services.
Sec. 18. NRS 449.0105 is hereby amended to read as follows:
449.0105 Home for individual residential care means a home in which a natural person furnishes food, shelter, assistance and limited supervision, for compensation, to not more than two persons with intellectual disabilities or with physical disabilities or who are aged or infirm, unless the persons receiving those services are related within the third degree of consanguinity or affinity to the person providing those services. The term does not include:
1. A halfway house for recovering alcohol and drug abusers; or
2. A home in which community-based living arrangement services or supported living arrangement services are provided by a provider of [supported living arrangement] such services during any period in which the provider [of supported living arrangement services] is engaged in providing [supported living arrangement] the services.
Sec. 19. NRS 449.0153 is hereby amended to read as follows:
449.0153 1. Nursing pool means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent.
2. The term does not include:
κ2017 Statutes of Nevada, Page 1411 (CHAPTER 269, AB 46)κ
[1.] (a) An independent contractor who provides such services without the assistance of employees;
[2.] (b) A nursing pool based in a medical facility or facility for the dependent; [or
3.] (c) A provider of community-based living arrangement services during any period in which the provider of community-based living arrangement services is engaged in providing community-based living arrangement services; or
(d) A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is
engaged in providing supported living arrangement services.
Sec. 20. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, residential facility for groups means an establishment that furnishes food, shelter, assistance and limited supervision to a person with an intellectual disability or with a physical disability or a person who is aged or infirm. The term includes, without limitation, an assisted living facility.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his or her own home;
(c) A natural person who provides care for one or more persons related to him or her within the third degree of consanguinity or affinity;
(d) A halfway house for recovering alcohol and drug abusers; or
(e) A [facility funded by a division or program of the Department of Health and Human Services.] home in which community-based living arrangement services or supported living arrangement services are provided by a provider of such services during any period in which the provider is providing the services.
Sec. 21. NRS 632.316 is hereby amended to read as follows:
632.316 The provisions of NRS 632.315 do not prohibit:
1. Gratuitous nursing by friends or by members of the family of a patient.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless the student or graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.
5. The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires the nurse or nursing assistant to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself or herself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government, or any bureau, division or agency thereof, while in the discharge of his or her official duties in this State, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
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State, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
7. Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.
8. A personal assistant from performing services for a person with a disability pursuant to NRS 629.091.
9. A natural person from providing community-based living arrangement services if:
(a) That person has been issued a certificate pursuant to sections 2 to 12, inclusive, of this act, and the regulations adopted pursuant to section 6 of this act; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to sections 2 to 12, inclusive, of this act, and the regulations adopted pursuant to section 6 of this act.
Κ As used in this subsection, community-based living arrangement services has the meaning ascribed to it in section 4 of this act.
10. A natural person from providing supported living arrangement services if:
(a) That person has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.
Κ As used in this subsection, supported living arrangement services has the meaning ascribed to it in NRS 435.3315.
Sec. 22. Notwithstanding the provisions of section 5 of this act, a person, government or governmental agency is not required to possess a certificate issued by the Division of Public and Behavioral Health of the Department of Health and Human Services to provide community-based living arrangement services in this State before October 1, 2017, unless the Division establishes, by regulation, an earlier date for compliance with section 5 of this act.
Sec. 23. 1. This act becomes effective on July 1, 2017.
2. Sections 10, 11 and 12 of this act expire 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 the 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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