[Rev. 1/29/2019 1:08:14 PM]
κ2017 Statutes of Nevada, Page 2615κ
Assembly Bill No. 517Committee on Ways and Means
CHAPTER 395
[Approved: June 5, 2017]
AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:
Annual
Title or Position Salary
1. State Office of Energy:
Director, Office of Energy............................................................. $110,132
Deputy Director, Office of Energy................................................... 84,048
2. High Level Nuclear Waste:
Executive Director, Nuclear Projects Office.............................. $118,767
Executive Assistant............................................................................ 57,965
Technical Division Administrator.................................................. 108,115
Planner/Researcher............................................................................ 85,710
3. Office of the Governor:
Director, Governors Finance Office........................................... $131,578
Deputy Director, Governors Finance Office............................... 120,564
Chief Assistant Budget Administrator............................................ 91,639
Executive Assistant............................................................................ 57,965
Division Administrator, Internal Audits....................................... 110,711
Director, Western Interstate Commission for Higher Education 74,378
4. Office of the Lieutenant Governor:
Chief of Staff.................................................................................... $76,613
Assistant to the Lieutenant Governor (each)................................. 72,965
Administrative Secretary................................................................... 49,251
5. Office of the Secretary of State:
Chief Deputy.................................................................................. $120,564
Deputy Secretary of State, Commercial Recordings................. 100,858
Deputy Secretary of State, Southern Nevada............................. 100,858
Deputy Secretary of State, Elections............................................ 110,711
Deputy Secretary of State, Operations......................................... 100,858
Securities Administrator .............................................................. 105,329
κ2017 Statutes of Nevada, Page 2616 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Chief, Enforcement....................................................................... $100,537
Executive Assistant............................................................................ 57,965
Public Information Officer............................................................... 73,035
Business Portal Administrator........................................................ 105,655
6. Office of the State Treasurer:
Chief Deputy State Treasurer...................................................... $120,564
Senior Deputy State Treasurer (each)........................................... 110,711
Chief of Staff.................................................................................... 120,564
Deputy State Treasurer, Debt Service........................................... 100,858
Deputy State Treasurer, Investments........................................... 120,564
Deputy State Treasurer, Cash Management............................... 100,858
Executive Director, Millennium Scholarship............................... 100,858
Executive Assistant............................................................................ 57,965
Deputy State Treasurer, Unclaimed Property............................. 100,858
7. Office of the Controller:
Chief Deputy Controller............................................................... $110,711
Executive Assistant............................................................................ 57,965
8. Office of the Attorney General:
(a) Attorney Generals Office:
Assistant Attorney General.................................................... $144,910
Attorney General Counsel for Prosecuting Attorneys......... 110,711
Ombudsman for Victims of Domestic Violence.................... 61,435
Bureau Chief (each).................................................................. 131,578
Chief Deputy Attorney General (each).................................. 121,725
Chief of Staff............................................................................. 144,910
General Counsel......................................................................... 136,605
Solicitor General......................................................................... 136,605
Special Counsel (each)............................................................. 136,605
Special Assistant Attorney General, Military........................ 110,711
Special Assistant Attorney General, Neighborhood............ 110,711
Senior Deputy Attorney General (each)................................ 110,132
Deputy Attorney General (each)............................................... 98,539
Public Information Officer......................................................... 73,035
Chief Investigator........................................................................ 90,424
Investigator (each)....................................................................... 67,943
Chief Personnel Manager........................................................... 90,424
Information Technology Chief............................................... 103,226
Financial Analyst......................................................................... 84,048
Executive Assistant..................................................................... 57,965
Chief Financial Officer............................................................. 105,329
Legal Researcher (each)............................................................. 57,965
Supervising Legal Researcher (each)........................................ 60,862
Construction Law Counsel...................................................... 136,605
Program Specialist, Technological Crimes.............................. 57,965
(b) Bureau of Consumer Protection:
Senior Economist.................................................................... $105,349
Senior Engineer............................................................................. 94,078
Supervising Legal Researcher.................................................... 60,682
Legal Researcher (each)............................................................. 57,965
κ2017 Statutes of Nevada, Page 2617 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Senior Regulatory Analyst....................................................... $87,914
Chief Deputy Attorney General (each).................................. 121,725
Regulatory Manager................................................................... 94,159
Technical Staff Manager........................................................... 94,159
Deputy Attorney General........................................................... 98,539
Engineer......................................................................................... 84,825
Administrative Services Officer................................................. 76,329
Senior Deputy Attorney General (each)................................ 110,132
9. Commission on Ethics:
Executive Director......................................................................... $110,132
Commission Counsel....................................................................... 110,132
Associate Counsel.............................................................................. 98,539
Executive Assistant............................................................................ 57,965
Investigator.......................................................................................... 67,943
Senior Legal Researcher.................................................................... 57,965
10. Supreme Court:
Supervisory Staff Attorney (each).............................................. $110,132
Chief Assistant Clerk....................................................................... 121,725
Chief Clerk........................................................................................ 144,910
Chief Deputy Clerk............................................................................ 74,773
Court Administrator......................................................................... 127,521
Deputy Court Administrator (each).............................................. 110,132
Staff Attorney (each)......................................................................... 98,539
Law Librarian................................................................................... 104,335
Senior Law Clerk (each).................................................................... 64,064
11. Commission on Judicial Discipline:
General Counsel............................................................................. $144,910
12. Department of Administration:
Director............................................................................................ $131,578
Deputy Director................................................................................ 120,564
Executive Assistant............................................................................ 57,965
Information Systems Specialist....................................................... 63,871
Senior Appeals Officer.................................................................... 121,725
Appeals Officer, Hearings (each).................................................. 110,132
Hearing Officer (each)....................................................................... 73,035
Division Administrator, Fleet Services Division............................. 84,048
Division Administrator, Administrative Services........................ 110,711
Division Administrator, Risk Management................................... 90,424
Division Administrator, Purchasing............................................... 100,858
Attorney, Purchasing.......................................................................... 98,539
Administrator, Public Works Division........................................... 127,521
Deputy Administrator, Professional Services, Public Works Division 120,564
Deputy Administrator, Code Compliance and Enforcement, Public Works Division 120,564
Deputy Administrator, Buildings and Grounds, Public Works Division 110,711
Public Works Division, Project Manager III (each)................... 110,132
Public Works Division, Project Manager II (each)..................... 100,858
Chief, Office of Grants Procurement.............................................. 83,589
κ2017 Statutes of Nevada, Page 2618 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Executive Grants Analyst (each)................................................... $63,822
Senior Executive Grants Analyst..................................................... 76,319
Division Administrator, Human Resource Management......... 110,711
Division Deputy Administrator, Human Resource Management (each) 90,424
Administrator, Equal Employment Opportunity.......................... 84,048
Division Administrator, State Library, Archives and Public Records 100,858
Division Administrator, Enterprise Information Technology Services 120,564
Deputy Administrator, Enterprise Information Technology Services 110,711
Chief Assistant, Planning.................................................................. 84,031
Chief, Planning, Research and Grant Management.................... 91,639
Special Advisor, Enterprise Information Technology Services 100,858
Deferred Compensation Executive Officer................................. 100,858
13. Department of Taxation:
Director............................................................................................ $131,578
Chief Deputy Director, Taxation................................................... 120,564
Deputy Director (each).................................................................... 110,711
Executive Assistant............................................................................ 57,965
Administrative Law Judge (licensed attorney)............................ 110,132
Chief Administrative Law Judge (licensed attorney)................. 121,725
State Demographer, Taxation.......................................................... 98,539
14. Department of Education:
Superintendent of Public Instruction.......................................... $131,578
Director, Safe and Respectful Learning Office............................. 90,424
Director, Research and Evaluation Services.................................. 90,424
Deputy Superintendent of Instructional, Research and Evaluative Services (each) 110,711
Deputy Superintendent for Administrative and Fiscal Services 110,711
Executive Assistant............................................................................ 57,965
15. State Public Charter School Authority:
Director, State Public Charter School Authority....................... $100,858
Deputy Director, State Public Charter School Authority............. 90,424
Staff Attorney..................................................................................... 98,539
16. Department of Employment, Training and Rehabilitation:
Director, Employment, Training and Rehabilitation............... $131,578
Chief, Disability Employment Policy.............................................. 84,048
Division Administrator, Rehabilitation......................................... 110,711
Chief Auditor....................................................................................... 92,741
Deputy Director................................................................................ 120,564
Executive Assistant............................................................................ 57,965
Division Administrator, Employment Security........................... 120,564
Division Administrator, Equal Rights Commission...................... 90,424
Division Administrator, Information Development and Processing 110,711
κ2017 Statutes of Nevada, Page 2619 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Hearing Officer (each)..................................................................... $73,035
Senior Attorney................................................................................. 110,132
Assistant to the Director.................................................................... 91,635
17. Department of Health and Human Services:
Director............................................................................................ $131,578
Deputy Director, Programs............................................................. 110,711
Deputy Director, Fiscal Services.................................................... 110,711
Deputy Director, Administrative Services.................................... 110,711
Governors Consumer Health Advocate..................................... 100,858
Ombudsman for Consumer Health Assistance (each)................ 80,428
Manager, Office of Minority Health and Equity.......................... 73,035
Executive Assistant (each)................................................................ 57,965
Division Administrator, Health Care Financing and Policy...... 120,564
Deputy Division Administrator, Health Care Financing and Policy (each) 110,711
Actuary, Health Care Financing and Policy................................ 100,858
Deputy Division Administrator, Public and Behavioral Health (each) 110,711
Chief Biostatistician........................................................................ 100,858
State Epidemiologist........................................................................ 100,858
State Dental Health Officer............................................................ 160,324
State Public Health Dental Hygienist........................................... 100,858
Medical Epidemiologist................................................................... 160,324
Agency Manager (each).................................................................. 110,132
Hospital Administrator.................................................................... 110,132
Statewide Suicide Prevention Coordinator.................................... 73,035
Statewide Suicide Prevention Trainer/Networking Facilitator (each) 69,557
Statewide Psychiatric Medical Director........................................ 213,251
Medical Program Coordinator, Mental Health Program.......... 195,327
Chief Medical Officer...................................................................... 222,326
Division Administrator, Public and Behavioral Health............. 127,521
Division Administrator, Welfare and Supportive Services........ 120,564
Division Administrator, Child and Family Services................... 120,564
Deputy Division Administrator, Child and Family Services (each) 110,711
Deputy Division Administrator, Welfare and Supportive Services (each) 110,711
Superintendent, Nevada Youth Training Center........................ 100,858
Superintendent, Caliente Youth Center....................................... 100,858
Superintendent, Summit View Youth Correctional Center....... 105,900
Bureau Chief, Youth Parole Bureau............................................. 100,858
Division Administrator, Aging and Disability Services.............. 120,564
Deputy Division Administrator, Aging and Disability Services (each) 110,711
Chief, Elder Rights.............................................................................. 90,424
κ2017 Statutes of Nevada, Page 2620 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
18. Silver State Health Insurance Exchange:
Executive Director, Silver State Health Insurance Exchange $120,564
Operations Manager, Silver State Health Insurance Exchange 108,393
Grants and Projects Analyst............................................................. 57,582
Executive Assistant............................................................................ 57,965
Finance and Research Officer.......................................................... 83,592
Information Technology Analyst.................................................... 71,545
Administrative Assistant (each)....................................................... 49,044
Communications Officer.................................................................. 76,312
Information Systems Manager..................................................... 100,522
Benefit Manager................................................................................. 62,546
Quality Assurance Officer................................................................. 85,734
Training Specialist.............................................................................. 64,950
19. Office of the State Public Defender:
State Public Defender.................................................................... $121,725
Supervising Public Defender (office)............................................ 110,132
Supervising Public Defender (trial)................................................ 110,132
Supervising Public Defender (appeals)......................................... 110,132
Deputy Public Defender (each)........................................................ 98,539
Deputy Public Defender, Appellate................................................. 98,539
Investigator (each)............................................................................. 67,943
20. Department of Business and Industry:
Director............................................................................................ $131,578
Deputy Director, Administration................................................... 100,858
Deputy Director, Programs............................................................. 110,711
Executive Assistant............................................................................ 57,965
Administrative Law Judge.............................................................. 110,132
Division Administrator, Financial Institutions............................ 100,858
Deputy Division Administrator, Financial Institutions................ 84,048
Certified Public Accountant, Financial Institutions..................... 69,749
Division Administrator, Real Estate.............................................. 100,858
Deputy Division Administrator, Real Estate.................................. 84,048
Ombudsman, Real Estate................................................................. 73,035
Division Administrator, Housing................................................... 100,858
Deputy Division Administrator, Housing....................................... 84,048
Chief Assistant, Housing................................................................... 69,557
Chief Financial Officer, Housing..................................................... 98,539
Deputy Administrator, Housing....................................................... 90,424
Affordable Housing Advocate......................................................... 73,035
Division Administrator, Insurance................................................ 120,564
Deputy Division Administrator, Insurance (each)...................... 100,858
Deputy Division Administrator, Insurance, Captive Insurers..... 98,539
Lead Actuary, Insurance (each).................................................... 129,889
Lead Insurance Counsel/Hearing Officer.................................... 110,132
Insurance Counsel/Hearing Officer (each).................................. 100,858
Division Administrator, Taxicab Authority................................. 117,699
Attorney, Taxicab Authority............................................................ 98,539
κ2017 Statutes of Nevada, Page 2621 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Division Administrator, Transportation Authority................... $117,699
Chief Transportation Inspector....................................................... 96,001
Commissioner, Transportation Authority (each)....................... 110,362
Financial Analyst (each)................................................................... 84,147
Manager, Transportation.................................................................. 91,171
Deputy Division Administrator, Transportation Authority......... 98,539
Attorney, Transportation Authority................................................ 98,539
Division Administrator, Mortgage Lending................................. 100,858
Deputy Division Administrator, Mortgage Lending..................... 84,048
Certified Public Accountant, Mortgage Lending.......................... 69,749
Division Administrator, Industrial Relations............................... 110,711
Deputy Division Administrator, Industrial Relations (each)....... 90,424
Attorney, Industrial Relations (each).............................................. 98,539
Senior Attorney, Industrial Relations........................................... 110,132
Chief Investigator............................................................................... 84,048
Deputy Division Administrator, Mechanical Unit........................ 84,048
Deputy Division Administrator, Safety Consultation.................. 84,048
Deputy Division Administrator, Mine Safety................................ 84,048
Division Administrator, Attorney for Injured Workers.............. 121,725
Deputy Attorney for Injured Workers (each)................................ 98,539
Senior Deputy Attorney for Injured Workers (each)................. 110,132
Division Administrator, Employee-Management Relations Board 90,424
Executive Assistant, Employee-Management Relations Board 57,965
Division Administrator, Office of Labor Commissioner........... 100,858
Deputy Division Administrator, Office of Labor Commissioner 84,048
Chief Assistant, Office of Labor Commissioner........................... 54,090
Division Administrator, Athletic Commission............................. 100,858
Chief Assistant, Athletic Commission............................................ 69,557
Ombudsman of Consumer Affairs for Minorities........................ 76,613
21. State Department of Agriculture:
Director, Agriculture....................................................................... $120,564
Executive Assistant............................................................................ 57,965
Deputy Director, Agriculture........................................................... 110,711
State Veterinarian............................................................................ 112,993
Division Administrator, Food and Nutrition................................ 100,858
Deputy Administrator, Food and Nutrition.................................... 90,424
Division Administrator, Animal Industry....................................... 90,424
Veterinary Diagnostician................................................................... 92,599
Supervisor, Animal Disease Laboratory......................................... 99,943
Division Administrator, Consumer Equitability.......................... 100,858
Division Administrator, Plant Industry......................................... 100,858
Deputy Division Administrator, Plant Industry............................. 90,424
Fiscal Administrator......................................................................... 100,858
Industry and Global Trade Coordinator........................................ 79,944
κ2017 Statutes of Nevada, Page 2622 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
22. Commission on Mineral Resources:
Administrator, Minerals................................................................ $108,127
Deputy Administrator, Minerals...................................................... 86,500
Chief for Dangerous Mines............................................................... 77,798
Chief for Mine Regulation................................................................ 77,798
Field Specialist, Minerals (each)....................................................... 65,863
Program Manager, Oil, Gas and Geothermal................................ 99,560
23. Department of Tourism and Cultural Affairs:
Director, Tourism and Cultural Affairs...................................... $120,564
Chief Deputy, Administration........................................................ 100,858
Administrator, Nevada Arts Council............................................ 100,858
Executive Assistant............................................................................ 57,965
Public Information Officer............................................................... 82,391
Deputy Director, Sales and Industry Partners............................... 79,944
Deputy Director, Marketing and Advertising................................. 79,944
Development Specialist II, Tourism (each)................................... 79,944
Development Specialist, Tourism (each)........................................ 75,061
Project Analyst II (each)................................................................... 67,140
Project Analyst.................................................................................... 57,582
Development Specialist, Nevada Magazine (each)..................... 66,492
Editor Publisher, Nevada Magazine................................................ 90,828
Managing Editor, Publications......................................................... 69,819
Production Manager.......................................................................... 56,280
Art Director (each).............................................................................. 59,466
Advertising Sales Representative..................................................... 61,000
Operations and Finance Manager................................................... 87,433
Public Relations Specialist................................................................ 75,062
Division Administrator, Museums and History.......................... 100,858
Executive Director, Nevada Indian Commission......................... 73,035
24. Nevada Gaming Control Board:
Chair, Gaming Control Board..................................................... $154,251
Member, Gaming Control Board (each)...................................... 143,426
Executive Assistant............................................................................ 60,804
Chief, Investigation......................................................................... 110,103
Chief, Enforcement......................................................................... 110,103
Chief, Audit....................................................................................... 110,103
Chief, Tax and License................................................................... 110,103
Chief, Administration...................................................................... 110,103
Chief Deputy, Administration........................................................ 100,094
Executive Secretary, Gaming Control Board.............................. 100,094
Manager, Electronics Lab............................................................... 107,523
Chief, Technology............................................................................ 117,609
Senior Lab Engineer (each)............................................................ 102,402
Electronic Lab Engineer (each)........................................................ 97,526
Coordinator, Applicant Services...................................................... 97,365
Chief Deputy, Enforcement (each)............................................... 100,094
Information Technology Manager............................................... 107,273
Senior Network Specialist.................................................................. 91,950
Network Specialist II (each)............................................................. 84,693
Network Specialist I (each)............................................................... 76,690
κ2017 Statutes of Nevada, Page 2623 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Systems Administrator.................................................................... $90,678
System Manager.............................................................................. 100,933
Programming Manager................................................................... 100,933
Programming Supervisor................................................................... 95,110
Chief Deputy, Audit (each)............................................................ 100,094
Chief Deputy, Investigations (each)............................................. 100,094
Chief Deputy, Tax and License..................................................... 100,094
Hearings Officer (each)..................................................................... 96,419
Information Management Coordinator......................................... 86,629
Financial Officer................................................................................. 86,629
Supervisor, Investigations (each)..................................................... 90,993
Supervisor, Enforcement (each)...................................................... 90,993
Supervisor, Audit (each).................................................................... 90,993
Supervisor, Tax and License (each)................................................ 90,993
Supervisor (each)................................................................................ 90,993
Human Resources Manager............................................................. 97,365
Senior Agent, Technology (each)..................................................... 78,784
Senior Agent, Investigations (each)................................................. 78,784
Senior Agent, Audit (each)................................................................ 78,784
Senior Agent, Tax and License (each)............................................ 78,784
Senior Research Specialist (each).................................................... 96,384
Senior Agent, Enforcement (each).................................................. 78,784
Agent, Audit (each)............................................................................ 71,622
Agent, Investigations (each)............................................................. 71,622
Agent, Enforcement (each)............................................................... 71,622
Agent, Tax and License (each)........................................................ 71,622
Electronics Technician (each).......................................................... 63,824
Senior Application Developer (each).............................................. 85,387
Special Agent (each).......................................................................... 82,722
Special Agent, Audit (each).............................................................. 82,722
25. Public Utilities Commission of Nevada:
Executive Director......................................................................... $120,564
Chair................................................................................................... 128,680
Public Utilities Commissioner (each)............................................ 120,564
Executive Assistant (each)................................................................ 57,965
Senior Financial Analyst................................................................... 88,354
Financial Analyst (each)................................................................... 84,147
Chief Attorney (each)...................................................................... 121,725
Senior Attorney (each).................................................................... 110,132
Supervisor, Consumer Complaint Resolution............................... 84,048
Manager, Safety and Quality Assurance..................................... 100,858
Manager, Systems Operation........................................................... 94,730
Public Education and Statistical Analysis Officer (each)............ 69,557
Administrative Attorney (each)....................................................... 73,035
Manager, Resource and Market Analysis................................... 100,858
Engineer, Water................................................................................... 96,001
Engineer, Electric (each).................................................................... 94,078
Senior Gas Pipeline Engineer............................................................ 96,001
Engineer, Gas Pipeline (each)........................................................... 87,548
κ2017 Statutes of Nevada, Page 2624 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Senior Engineering Analyst............................................................. $87,548
Manager, Policy Analysis............................................................... 100,858
Director, Regulatory Operations.................................................... 120,564
Manager, Consumer Complaint Resolution............................... 100,858
Senior Analyst..................................................................................... 75,405
Rural Consumer Representative...................................................... 68,033
Manager, Tariffs and Compliance............................................... 100,858
Commission Secretary.................................................................... 100,858
Assistant Commission Secretary..................................................... 90,424
Senior Regulatory Economist........................................................... 94,830
Regulatory Economist (each)........................................................... 90,315
Commission Policy Advisory (each)............................................... 96,001
Senior Utility Analyst (each)............................................................. 75,405
Resource Planning Engineer............................................................. 87,548
Legal Case Manager.......................................................................... 73,035
26. Department of Motor Vehicles:
Director............................................................................................ $131,578
Deputy Director, Motor Vehicles................................................... 127,521
Executive Assistant............................................................................ 57,965
Division Administrator, DMV Motor Carrier............................... 100,858
Division Administrator, DMV Management Services............... 100,858
Division Administrator, DMV Automation................................. 110,711
Division Administrator, DMV Field Services............................... 110,711
Deputy Administrator, DMV Field Services................................ 100,858
Division Administrator, DMV Compliance Enforcement......... 110,711
Deputy Administrator, Compliance Enforcement (each)......... 100,858
Division Administrator, DMV Central Services.......................... 100,858
Division Administrator, DMV Administrative Services............. 100,858
Chief Administrative Law Judge, DMV (licensed attorney)..... 121,725
Chief Administrative Law Judge, DMV (other than licensed attorney) 110,132
DMV Administrative Law Judge (licensed attorney) (each).... 110,132
DMV Administrative Law Judge (other than licensed attorney) (each) 98,539
27. Department of Public Safety:
Director............................................................................................ $131,578
Deputy Director, Public Safety...................................................... 127,521
Executive Assistant............................................................................ 57,965
Division Administrator, Parole and Probation............................ 127,521
Chair, State Board of Parole Commissioners............................. 110,711
Parole Board Member (each)........................................................... 90,424
Executive Assistant, Parole Board.................................................. 57,965
Division Administrator, General Services..................................... 115,667
Division Administrator, State Fire Marshal................................. 110,711
Division Administrator, Capitol Police......................................... 100,858
Division Administrator, Investigations......................................... 120,564
κ2017 Statutes of Nevada, Page 2625 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Division Administrator, Highway Safety Planning and Administration. $84,048
Division Administrator, Cyber Security........................................ 107,465
Chief, Nevada Highway Patrol...................................................... 127,521
Lieutenant Colonel, Nevada Highway Patrol............................. 127,521
Division Administrator, Homeland Security............................... 120,564
Analyst Supervisor / NAIC Manager.............................................. 76,331
28. Department of Corrections:
Director............................................................................................ $131,578
Executive Assistant............................................................................ 57,965
Medical Director............................................................................... 197,159
Mental Health Director................................................................... 110,711
Deputy Director, Operations, Northern Region........................... 120,564
Deputy Director, Industrial Programs........................................... 120,564
Deputy Director, Operations, Southern Region........................... 120,564
Deputy Director, Support Services................................................ 120,564
29. Peace Officers Standards and Training Commission:
Director............................................................................................ $100,858
Deputy Director................................................................................... 90,424
Executive Assistant............................................................................ 57,965
Bureau Chief (each)........................................................................... 79,606
Training Specialist (each).................................................................. 72,663
30. State Department of Conservation and Natural Resources:
Director............................................................................................ $131,578
Deputy Director (each).................................................................... 110,711
Executive Assistant............................................................................ 57,965
Division Administrator, Environmental Protection.................... 127,521
Division Administrator, Water Resources.................................... 127,521
Division Administrator, Forestry.................................................... 110,711
Division Administrator, State Parks.............................................. 110,711
Division Administrator, State Lands............................................. 100,858
District Supervisor, Water Commissioner, Water Resources...... 73,035
Administrator, Natural Heritage...................................................... 84,048
Administrator, Historic Preservation............................................. 100,858
31. Department of Wildlife:
Director............................................................................................ $120,564
Deputy Director (each).................................................................... 110,711
Executive Assistant............................................................................ 57,965
Chief Game Warden........................................................................ 100,858
Division Administrator, Conservation Education......................... 90,424
Division Administrator, Fisheries Management............................ 90,424
Division Administrator, Game Management................................ 90,424
Division Administrator, Habitat....................................................... 90,424
Division Administrator, Wildlife Administration........................... 90,424
Division Administrator, Wildlife Diversity...................................... 90,424
32. Department of Transportation:
Director............................................................................................ $131,578
Deputy Director (each).................................................................... 128,680
Executive Assistant............................................................................ 57,965
κ2017 Statutes of Nevada, Page 2626 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Assistant Director, Administrative Services............................... $110,711
Assistant Director, Planning and Program Development.......... 110,711
Assistant Director, Engineering...................................................... 127,521
Assistant Director, Operations........................................................ 127,521
Hearings Officer.................................................................................. 73,035
Communications Director................................................................. 90,424
Administrator of External Civil Rights......................................... 100,858
Chief Pilot............................................................................................ 98,539
Pilot III (each)..................................................................................... 90,424
Pilot II................................................................................................... 84,048
33. Colorado River Commission of Nevada:
Director............................................................................................ $135,807
Deputy Director................................................................................ 129,125
Energy Services Manager............................................................... 129,125
Division Head, Water...................................................................... 123,052
Administrative Services Officer..................................................... 123,052
Office Manager................................................................................... 67,637
Senior Energy Accountant (each).................................................... 92,231
Natural Resource Specialist (each)............................................... 106,990
Environmental Program Manager................................................ 110,678
Network Administrator...................................................................... 79,934
Power Supply Manager................................................................... 113,516
Assistant Director Engineering and Operations........................... 122,977
Assistant Director Energy Information Systems........................ 110,678
Power Facilities Manager................................................................ 110,678
Power Facilities Communication Technician (each).................... 86,084
Senior Power Facilities Electrician (each)....................................... 86,084
Senior Power Facilities Engineer.................................................... 106,422
Power Facilities Electrician................................................................ 79,934
Hydropower Program Manager..................................................... 116,829
Assistant Hydropower Program Manager................................... 104,531
Manager, Power Planner................................................................. 110,132
Power Supply Planner...................................................................... 110,711
Assistant Power Supply Planner....................................................... 96,000
Manager, Power Accounting.......................................................... 110,132
Energy Accountant............................................................................ 81,150
34. Public Employees Benefits Program:
Executive Officer........................................................................... $127,521
Executive Assistant............................................................................ 57,965
Quality Control Officer...................................................................... 98,539
Operations Officer............................................................................ 108,393
Chief Financial Officer...................................................................... 98,539
Chief Information Officer.............................................................. 103,226
Financial Analyst................................................................................ 82,889
35. Department of Veterans Services:
Director, Veterans Services............................................................. $98,539
Deputy Director, Programs and Services........................................ 84,048
Deputy Director, Health and Wellness............................................ 84,048
κ2017 Statutes of Nevada, Page 2627 (CHAPTER 395, AB 517)κ
Annual
Title or Position Salary
Executive Assistant.......................................................................... $57,965
Administrator, Veterans Home...................................................... 110,711
36. Office of the Military:
Adjutant General........................................................................... $120,564
Nevada National Guard Officer SAD (each)........................... 147,552
Nevada National Guard Warrant Officer SAD (each)........... 100,860
Nevada National Guard Enlisted SAD (each)............................ 89,647
37. Medical and Related Positions:
Senior Physician (Range C) (each)............................................. $160,324
Senior Psychiatrist (Range C) (each)............................................ 182,244
Senior Institutional Dentist (Range B) (each)............................. 142,637
Pharmacist 3..................................................................................... 124,109
Pharmacist 2 (each)......................................................................... 112,825
Pharmacist 1 (each)......................................................................... 102,570
Κ A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc.
Sec. 2. 1. If any unclassified position is omitted from this act for Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
2. If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 79th Session of the Nevada Legislature.
3. An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.
4. Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.
5. If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act.
6. If the salary for an employee occupying a position in the unclassified service on June 30, 2017, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2017.
κ2017 Statutes of Nevada, Page 2628 (CHAPTER 395, AB 517)κ
retained at the level in effect on June 30, 2017. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.
Sec. 3. The approximate maximum salaries as set forth in section 1 of this act must be increased by 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Department of the State Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2017-2018.................................................... $873,081
For the Fiscal Year 2018-2019................................................. $1,764,234
2. There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency, which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2017-2018...................................................... $46,922
For the Fiscal Year 2018-2019...................................................... $94,803
3. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equal the amount of money required to pay the salaries of the unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 5. 1. Except as otherwise provided in this act, to effect increases in salaries of approximately 2 percent, effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $7,766,687 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $16,170,061, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, including the Judicial Department of the State Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.
κ2017 Statutes of Nevada, Page 2629 (CHAPTER 395, AB 517)κ
money otherwise appropriated or available equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 6. 1. To effect increases in salaries of approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $1,312,920 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $2,727,741, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 7. 1. To effect increases in salaries of approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $1,752,986 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $3,622,260, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.
2. To effect increases in salaries of approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $7,671,833 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $15,700,343, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 79th Session of the Nevada Legislature, to become effective on July 1, 2017.
κ2017 Statutes of Nevada, Page 2630 (CHAPTER 395, AB 517)κ
ending on June 30, 2019, the sum of $15,700,343, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 79th Session of the Nevada Legislature, to become effective on July 1, 2017.
3. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 8. The salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations shall be increased by approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018. Any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau necessary under an adjusted pay plan to become effective on July 1, 2017, must be covered through expenditures from the balance in the Legislative Fund.
Sec. 9. The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint and completing rounds during weekends. On-call responsibilities for Pharmacists include, without limitation, consultation with medical personnel and first dosage reviews.
Sec. 10. The Nevada Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
Sec. 11. Any remaining balance of an appropriation made by sections 4 to 8, inclusive, of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2019.
κ2017 Statutes of Nevada, Page 2631 (CHAPTER 395, AB 517)κ
any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2019.
Sec. 12. 1. Money in subsection 1 of section 4 of this act and section 5 of this act may be transferred between those sections to finance the 2 percent salary increase authorized on July 1, 2017, and the 2 percent salary increase authorized on July 1, 2018.
2. Money in subsection 2 of section 4 of this act and section 6 of this act may be transferred between those sections to finance the 2 percent salary increase authorized on July 1, 2017, and the 2 percent salary increase authorized on July 1, 2018.
3. When determining the allocations of the money appropriated in sections 4 to 7, inclusive, of this act, the State Board of Examiners shall not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.
Sec. 13. 1. To effect the State of Nevadas share of the increases of salary of approximately 2 percent effective July 1, 2017, and 2 percent effective on July 1, 2018, for employees of the Tahoe Regional Planning Agency, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of not more than $12,144 for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, and the sum of not more than $24,530 for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019. The amounts transferred must not be used to increase an employees base salary unless the State of California provides the required 2 for 1 matching funds. If such matching funds are not provided by the State of California, any amounts provided to the Tahoe Regional Planning Agency by the State of Nevada must be used as a one-time salary bonus.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Tahoe Regional Planning Agency out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the State of Nevadas share of the salaries of the employees of the Tahoe Regional Planning Agency under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.
Sec. 14. 1. Except as otherwise provided in this act, to effect salary increases effective January 7, 2019, in accordance with the provisions of NRS 223.050 for the Governor, NRS 224.050 for the Lieutenant Governor, NRS 225.050 for the Secretary of State, NRS 226.090 for the State Treasurer, NRS 227.060 for the State Controller and NRS 228.070 for the Attorney General, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $15,228 for the fiscal year beginning July 1, 2018, and ending on June 30, 2019.
κ2017 Statutes of Nevada, Page 2632 (CHAPTER 395, AB 517)κ
to the State Board of Examiners the sum of $15,228 for the fiscal year beginning July 1, 2018, and ending on June 30, 2019.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the various agencies of the State of Nevada out of the money appropriated by this section such sums of money required to pay the salaries of the elected officials set forth in subsection 1.
Sec. 15. The sums appropriated for the support of the salaries for the Assistant Attorney General in the Office of the Attorney General, Chief of Staff in the Office of the Attorney General, Chief Clerk of the Nevada Supreme Court, General Counsel of the Commission on Judicial Discipline, Chairman of the Nevada Gaming Control Board, a member of the Nevada Gaming Control Board and an officer of the Nevada National Guard must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 16. NRS 408.111 is hereby amended to read as follows:
408.111 1. The Department consists of a Director, [two] three Deputy Directors, a Chief Engineer and the following divisions:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
2. The head of a Division is an assistant director. Assistant directors are in the unclassified service of the State.
Sec. 17. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of ensuring the impartial selection of personnel on the basis of merit, the Administrator shall fill all positions in the Division, except the post of Administrator [,] and Senior Attorney, from registers prepared by the Division of Human Resource Management of the Department of Administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may be adopted or prescribed by the Administrator.
2. The Administrator shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The Administrator may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as the Administrator deems reasonable and proper for its effective administration.
3. The Administrator shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. The Administrator shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
4. The Administrator may grant educational leave stipends to officers and employees of the Division if all of the cost of the educational leave stipends may be paid from money of the Federal Government.
Sec. 18. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2633κ
Assembly Bill No. 518Committee on Ways and Means
CHAPTER 396
[Approved: June 5, 2017]
AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2017-2019 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; repealing the prospective expiration of certain provisions relating to the Nevada Supreme Court; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The sums set forth in sections 2 to 29, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for Fiscal Year 2017-2018 and Fiscal Year 2018-2019.
2017-2018 2018-2019
Sec. 2. The Office and Mansion of the Governor.
For the support of the:
Office of the Governor....................... $2,341,379 $2,356,313
Governors Office of Finance........... 3,483,918 3,980,761
Governors Office of Finance Special Appropriations 8,046,520 5,626,690
Division of Internal Audits................ 1,545,669 1,561,634
Governors Mansion........................... 320,859 347,626
High Level Nuclear Waste................. 1,349,382 1,303,696
Governors Office of Energy............. 100 100
Office of Science, Innovation and Technology 4,020,521 4,022,969
Governors Office of Workforce Innovation:
Office of Workforce Innovation......................... 85,461 106,095
Nevada P20 Workforce Reporting 951,946 729,719
Western Interstate Commission for Higher Education:
..... Administration.............................. 383,538 382,932
..... Loans and Stipends...................... 714,066 832,369
Sec. 3. The Office of Lieutenant Governor.
For the support of the Office of the Lieutenant Governor $569,598 $612,057
κ2017 Statutes of Nevada, Page 2634 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration Budget Account $2,662,558 $4,080,090
Special Litigation Account................ 1,903,996 1,893,112
Medicaid Fraud Control Unit............ 100 100
Crime Prevention................................ 418,249 431,383
Office of the Extradition Coordinator 498,971 506,056
Bureau of Consumer Protection...... 668,259 674,629
Advisory Council for Prosecuting Attorneys 100 100
Grants Unit........................................... 53,979 56,095
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the Secretary of State....... $16,945,163 $17,096,838
HAVA Election Reform..................... 984,785 1,047,319
Sec. 6. The Office of State Treasurer.
For the support of the Office of the State Treasurer $933,822 $984,469
Sec. 7. The Office of State Controller.
For the support of the Office of the State Controller $5,361,281 $5,071,621
Sec. 8. Department of Administration.
For the support of the:
Merit Award Board............................. $1,424 $1,424
National Judicial College and National Council of Juvenile and Family Court Judges 225,000......................................................... 200,000
Administrative Services..................... 95,010 95,087
State Library........................................ 2,664,127 2,747,067
Archives and Public Records............ 1,531,640 1,558,902
State Public Works Division - Facility Condition and Analysis 357,091 364,456
Office of Grant Procurement, Coordination and Management 697,379 711,583
Sec. 9. Department of Taxation.
For the support of the Department of Taxation $32,081,420 $32,514,805
Sec. 10. Legislative Fund.
For the support of the:
Legislative Commission..................... $281,388 $192,661
Audit Division...................................... 3,627,253 3,772,110
Administrative Division..................... 9,745,266 10,041,372
Legal Division...................................... 9,899,672 9,500,591
Research Division............................... 4,986,682 5,023,038
Fiscal Analysis Division..................... 3,913,124 4,032,651
Interim Legislative Operations......... 862,683 723,871
κ2017 Statutes of Nevada, Page 2635 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Sec. 11. Supreme Court of Nevada.
For the support of the:
Specialty Court.................................... $3,343,971 $3,583,971
Supreme Court of Nevada................ 5,958,770 5,554,845
Supreme Court Law Library............. 1,866,978 2,000,022
Judicial Programs and Services Division 743,239 769,800
Judicial Retirement System State Share 1,598,389 1,738,217
Senior Justice and Senior Judge Program 985,123 989,552
Judicial Selection................................. 15,349 15,349
State Judicial Elected Officials......... 22,286,565 22,657,466
Court of Appeals................................. 2,373,186 2,215,581
Sec. 12. Commission on Judicial Discipline.
For the support of the Commission on Judicial Discipline $906,100 $930,336
Sec. 13. Governors Office of Economic Development.
For the support of the:
Governors Office of Economic Development $7,894,440 $7,833,304
Rural Community Development..... 177,401 176,129
Procurement Outreach Program....... 126,032 124,717
Knowledge Account........................... 5,000,000 5,000,000
Workforce Innovations for a New Nevada Account 3,500,000 4,500,000
Sec. 14. Department of Tourism and Cultural Affairs.
For the support of the:
Museums and History Administration $449,558 $452,406
Nevada Historical Society, Reno..... 279,785 284,490
Nevada State Museum, Carson City 663,568 680,695
Nevada State Museum, Las Vegas. 674,083 686,484
Lost City Museum.............................. 177,463 187,652
Nevada State Railroad Museums.... 426,702 443,441
Nevada Arts Council.......................... 483,753 491,955
Nevada Humanities........................... 100,000 100,000
Nevada Indian Commission............. 219,134 226,182
Stewart Indian School Living Legacy 162,280 168,358
Sec. 15. Department of Education.
For the support of the:
Office of the Superintendent............ $1,530,838 $1,575,526
Parental Involvement and Family Engagement 130,703 134,742
Office of Early Learning and Development 5,933,173 8,062,039
Literacy Programs............................... 290,213 292,612
κ2017 Statutes of Nevada, Page 2636 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Student and School Support............. $858,294 $878,609
Standards and Instructional Support 1,099,613 1,089,380
District Support Services.................... 825,317 858,486
Career and Technical Education..... 688,233 688,233
Educator Licensure............................. 100 100
Continuing Education........................ 624,489 630,670
Individuals with Disabilities Education Act 129,828 153,922
Assessments and Accountability..... 19,478,078 20,364,592
Educator Effectiveness...................... 441,262 446,540
Data Systems Management............. 2,590,607 2,630,768
Safe and Respectful Learning.......... 478,817 482,856
Account for Alternative Schools...... 89,732 93,449
Sec. 16. Nevada System of Higher Education.
For the support of the:
System Administration...................... $4,698,934 $4,699,648
Performance Funding Pool................ 0 91,266,734
State-Funded Perkins Loan............... 35,793 35,793
System Computing Center................ 18,129,136 18,144,662
University Press................................... 428,827 428,755
Special Projects................................... 2,007,284 2,007,196
Business Center North........................ 2,029,238 2,047,710
Business Center South....................... 1,851,623 1,875,147
University of Nevada, Reno............. 116,418,951 93,264,439
UNR Intercollegiate Athletics........ 5,388,775 5,399,397
Education for Dependent Children.. 0 649
UNR Statewide Programs............... 8,176,211 8,191,741
Agricultural Experiment Station....... 5,312,786 5,327,446
Cooperative Extension Service........ 3,593,642 3,610,595
UNR School of Medicine............... 36,131,618 36,008,436
Health Laboratory and Research.... 1,689,538 1,698,181
University of Nevada, Las Vegas.... 163,103,807 130,523,395
UNLV School of Medicine............. 21,767,637 30,194,988
UNLV Intercollegiate Athletics..... 7,800,818 7,800,604
UNLV Statewide Programs............ 3,717,931 3,717,851
UNLV Law School.............................. 9,762,787 9,791,110
UNLV Dental School.......................... 9,164,796 9,104,290
Great Basin College............................ 13,464,072 11,316,385
Nevada State College......................... 15,886,947 12,799,449
Desert Research Institute................... 6,987,077 7,226,777
College of Southern Nevada............. 95,055,743 78,034,192
Western Nevada College................... 13,506,691 11,209,907
Truckee Meadows Community College 33,844,452 27,919,169
Silver State Opportunity Grant Program 5,000,000 5,000,000
κ2017 Statutes of Nevada, Page 2637 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Sec. 17. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration $1,368,409 $1,385,330
Grants Management Unit.................. 42,837 6,381
Office of the State Public Defender. 2,030,511 2,034,389
Consumer Health Assistance............ 207,968 202,998
State Council on Developmental Disabilities 177,301 177,165
Division of Health Care Financing and Policy:
Nevada Medicaid......................... 654,979,393 710,691,426
Health Care Financing and Policy Administration 25,872,049 27,343,951
Nevada Check-Up Program....... 567,992 580,687
Aging and Disability Services Division:
Federal Programs and Administration 6,650,508 5,668,055
Home- and Community-Based Services 21,092,364 21,176,244
Early Intervention Services......... 29,695,236 31,531,031
Desert Regional Center................ 68,615,298 74,510,899
Sierra Regional Center................. 25,416,100 26,718,913
Rural Regional Center................. 10,607,466 11,177,739
Family Preservation Program..... 1,636,416 1,664,092
Division of Child and Family Services:
Community Juvenile Justice Services 4,150,923 3,130,681
UNITY/SACWIS.......................... 3,876,006 3,930,647
Children, Youth and Family Administration 5,750,485 5,868,765
Nevada Youth Training Center.. 7,048,877 7,181,690
Caliente Youth Center................. 8,538,815 8,752,414
Rural Child Welfare..................... 8,027,310 7,816,198
Youth Alternative Placement..... 2,184,481 2,184,481
Youth Parole Services.................. 3,182,669 3,170,495
Northern Nevada Child and Adolescent Services 3,264,290 3,521,336
Clark County Child Welfare ...... 51,856,177 53,211,543
Washoe County Child Welfare . 17,047,827 17,206,072
Southern Nevada Child and Adolescent Services 10,718,639 11,070,957
Summit View Youth Center ....... 7,126,949 5,959,295
κ2017 Statutes of Nevada, Page 2638 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Division of Public and Behavioral Health:
Public Health:
Office of Health Administration $3,382,152 $3,179,228
Maternal, Child and Adolescent Health Services 1,217,601 1,219,860
Community Health Services...... 1,505,862 1,556,697
Emergency Medical Services...... 687,977 696,019
Immunization Program............... 668,786 668,786
Biostatistics and Epidemiology.. 303,191 308,879
Behavioral Health:
Behavioral Health Administration 3,301,799 3,431,769
Southern Nevada Adult Mental Health Services 76,397,739 78,064,754
Northern Nevada Adult Mental Health Services 24,974,633 24,299,063
Facility for the Mental Offender 11,332,985 11,453,702
Rural Clinics.................................. 10,687,827 11,568,931
Behavioral Health Prevention and Treatment 6,441,166 6,441,313
Division of Welfare and Supportive Services:
Welfare Administration............... 11,667,403 11,770,371
Welfare Field Services.................. 35,620,005 36,391,426
Assistance to Aged and Blind..... 10,068,633 10,564,945
Temporary Assistance for Needy Families 24,607,702 24,607,702
Child Assistance and Development 2,580,421 2,580,421
Sec. 18. Office of the Military.
For the support of the:
Office of the Military......................... $3,733,044 $3,688,032
National Guard Benefits.................... 57,824 57,824
Patriot Relief Fund.............................. 116,925 116,925
Sec. 19. Department of Veterans Services.
For the support of the Office of Veterans Services $1,821,248 $1,921,397
Northern Nevada Veterans Home Account 226,588 5,324,895
Sec. 20. Department of Corrections.
For the support of the:
Office of the Director......................... $32,189,932 $33,071,907
Medical Care....................................... 44,449,652 45,516,519
Correctional Programs....................... 7,243,384 7,388,076
Southern Nevada Correctional Center 232,420 232,401
Southern Desert Correctional Center 24,993,794 25,514,067
κ2017 Statutes of Nevada, Page 2639 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Nevada State Prison........................... $81,713 $82,348
Northern Nevada Correctional Center 28,793,598 29,469,375
Warm Springs Correctional Center.. 11,394,371 11,589,690
Ely State Prison................................... 27,840,491 28,536,182
Lovelock Correctional Center.......... 25,443,811 26,000,345
Florence McClure Womens Correctional Center 15,342,983 16,683,389
Stewart Conservation Camp............ 1,696,305 1,735,048
Ely Conservation Camp.................... 1,368,913 1,400,204
Humboldt Conservation Camp....... 1,391,342 1,373,037
Three Lakes Valley Conservation Camp 2,726,349 2,808,892
Jean Conservation Camp.................. 1,611,101 1,659,570
Pioche Conservation Camp.............. 1,840,080 1,828,472
Carlin Conservation Camp............... 1,390,198 1,405,148
Wells Conservation Camp................ 1,341,907 1,360,512
Silver Springs Conservation Camp.. 3,616 3,677
Tonopah Conservation Camp......... 1,344,123 1,385,060
Northern Nevada Transitional Housing 574,050 582,743
High Desert State Prison.................... 51,913,969 53,105,110
Casa Grande Transitional Housing. 3,171,662 3,223,262
Sec. 21. Department of Business and Industry.
For the support of the:
Business and Industry Administration $118,984 $120,088
Office of Business and Planning...... 301,828 315,917
Division of Financial Institutions..... 100 100
Real Estate Administration............... 709,878 822,262
Office of Labor Commissioner........ 1,783,820 1,924,111
Sec. 22. State Department of Agriculture.
For the support of the:
Agriculture Administration................ $116,779 $40,000
Plant Health and Quarantine Services 1,199,565 610,582
Veterinary Medical Services............. 1,164,373 1,159,493
Predatory Animal and Rodent Control 777,440 789,470
Nutrition Education Programs.......... 127,585 127,419
Livestock Enforcement..................... 197,335 202,887
Commodity Foods Distribution........ 98,398 98,398
Sec. 23. State Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources Administration $959,176 $990,862
Division of State Parks....................... 11,752,498 8,740,162
Nevada Tahoe Regional Planning Agency 1,319 1,319
κ2017 Statutes of Nevada, Page 2640 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
Division of Forestry............................ $6,601,546 $6,821,796
Forest Fire Suppression...................... 2,500,000 2,500,000
Forestry Conservation Camps.......... 6,061,042 6,249,949
Wildland Fire Protection Program ... 50,000 50,000
Division of Water Resources............. 7,045,764 7,084,694
Division of State Lands..................... 1,435,121 1,505,949
Conservation Districts Program........ 591,082 598,491
Office of Historic Preservation......... 458,979 494,309
Comstock Historic District................ 193,968 195,990
Sec. 24. Tahoe Regional Planning Agency.
For the support of the Tahoe Regional Planning Agency $1,783,420 $1,783,420
Sec. 25. Department of Wildlife.
For the support of the:
Law Enforcement............................... $58,721 $58,722
Fisheries Management....................... 150,918 150,918
Game Management........................... 71,404 71,404
Diversity Division................................ 461,245 461,244
Conservation Education.................... 96,036 96,113
Sec. 26. Department of Employment, Training and Rehabilitation.
For the support of the:
Nevada Equal Rights Commission.. $1,450,304 $1,421,066
Bureau of Vocational Rehabilitation 2,847,361 2,824,461
Bureau of Services to Persons Who Are Blind or Visually Impaired 383,593 396,878
Commission on Postsecondary Education 375,749 387,903
Sec. 27. Department of Motor Vehicles.
For the support of the:
Division of Field Services................... $23,460 $23,460
Division of Central Services and Records 13,076 13,194
Sec. 28. Department of Public Safety.
For the support of the:
Training Division................................. $850,645 $841,123
Justice Grant........................................ 312,881 322,899
Nevada Highway Patrol Division..... 17,834 17,834
Dignitary Protection............................ 1,090,708 1,067,050
Investigation Division........................ 6,462,146 6,078,658
Division of Emergency Management 784,493 452,646
State Board of Parole Commissioners 2,898,060 2,864,017
Division of Parole and Probation..... 50,862,806 50,261,523
Central Repository for Nevada Records of Criminal History 100 100
Child Volunteer Background Checks $15,087 $15,087
κ2017 Statutes of Nevada, Page 2641 (CHAPTER 396, AB 518)κ
2017-2018 2018-2019
State Fire Marshal............................... 301,272 323,243
Homeland Security............................. 168,900 170,262
Nevada Office of Cyber Defense Coordination 398,870 478,083
Sec. 29. Commission on Ethics.
For the support of the Commission on Ethics $227,815 $231,010
Sec. 30. The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2017-2018 and Fiscal Year 2018-2019:
Department of Motor Vehicles:
Office of the Director......................... $2,568,646 $2,804,818
Administrative Services Division...... 6,285,207 6,177,533
Hearings Office................................... 1,244,834 1,250,908
Automation.......................................... 4,880,983 5,086,526
Division of Field Services................... 19,948,182 21,849,163
Division of Compliance Enforcement 4,721,851 4,770,871
Division of Central Services and Records 4,407,472 4,566,882
Division of Management Services and Programs 1,518,761 1,538,787
Motor Carrier Division....................... 2,609,863 2,688,899
System Modernization....................... 17,988,681 19,274,809
Department of Public Safety:
Training Division................................. $1,189,663 $1,180,081
Nevada Highway Patrol Division..... 70,231,494 71,087,094
Highway Safety Plan and Administration 270,498 282,842
Investigation Division........................ 403,043 376,370
State Emergency Response Commission 273,406 270,516
Highway Safety Grants Account..... 47,314 47,258
Department of Business and Industry:
Transportation Authority.................. $2,531,758 $2,465,352
Legislative Fund:
Legislative Commission..................... $5,000 $5,000
Sec. 31. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive; and
(b) Work-programmed for the two separate fiscal years of the 2017-2019 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
κ2017 Statutes of Nevada, Page 2642 (CHAPTER 396, AB 518)κ
3. Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive.
Sec. 32. The sums appropriated to:
1. Forest Fire Suppression;
2. National Guard Benefits;
3. Maternal Child Health Services;
4. Immunization Program;
5. Welfare Administration;
6. Welfare Field Services Account;
7. Temporary Assistance for Needy Families;
8. Assistance to Aged and Blind;
9. Child Assistance and Development;
10. Nevada Medicaid;
11. Health Care Financing and Policy Administration;
12. Nevada Check-Up Program;
13. Rural Child Welfare;
14. Attorney Generals Special Litigation Account;
15. Attorney Generals Office of the Extradition Coordinator;
16. Commission on Ethics;
17. Clark County Child Welfare;
18. Washoe County Child Welfare;
19. Child Volunteer Background Checks;
20. High Level Nuclear Waste;
21. Department of Motor Vehicles System Modernization; and
22. Department of Educations Assessments and Accountability,
Κ are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 33. The sums appropriated to Nevada Medicaid and Health Care Financing and Policy Administration within the Division of Health Care Financing and Policy, and the Desert Regional Center, Rural Regional Center and Sierra Regional Center within the Aging and Disability Services Division of the Department of Health and Human Services by section 17 of this act may be transferred among the accounts for the purpose of implementing a managed care program for the populations of persons who are aged, blind or disabled with the approval of the Interim Finance Committee upon the recommendation of the Governor. Before submitting to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services an amendment to the State Plan for Medicaid established pursuant to NRS 422.063 to implement a program of managed care for the populations of persons who are aged, blind or disabled, the Department of Health and Human Services, on behalf of the Division of Health Care Financing and Policy and the Aging and Disability Services Division, shall submit to the Interim Finance Committee an analysis of the fiscal impact of transitioning to and implementing such a program.
Sec. 34. It is the intent of the Legislature that the sums appropriated in section 17 of this act for Early Intervention Services in the Aging and Disability Services Division of the Department of Health and Human Services shall be expended in order to continue the service delivery model approved by the 2015 Legislature in which the caseload is divided between the state and community providers, and each is reimbursed according to the methods in place during the 2015-2017 biennium.
κ2017 Statutes of Nevada, Page 2643 (CHAPTER 396, AB 518)κ
the state and community providers, and each is reimbursed according to the methods in place during the 2015-2017 biennium.
Sec. 35. Of the amounts appropriated to the Governors Office of Science, Innovation and Technology pursuant to section 2 of this act, $1,000,000 in Fiscal Year 2017-2018 and $1,000,000 in Fiscal Year 2018-2019 to fund broadband development and improvements for schools and libraries, are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for broadband development and improvements for schools and libraries.
Sec. 36. Of the amounts appropriated to the Department of Motor Vehicles pursuant to section 30 of this act, $2,000,000 in Fiscal Year 2017-2018 and $2,000,000 in Fiscal Year 2018-2019 to fund credit card fees within the Division of Administrative Services, are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card fees as approved by the Legislature.
Sec. 37. The sums appropriated to the Northern Nevada Adult Mental Health Services and the Southern Nevada Adult Mental Health Services, within the Division of Public and Behavioral Health of the Department of Health and Human Services, pursuant to section 17 of this act may be transferred within each budget from Fiscal Year 2018-2019 to Fiscal Year 2017-2018, in an amount not to exceed $2,750,000, with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to offset the loss of Medicaid pass-through revenues projected for Fiscal Year 2017-2018.
Sec. 38. 1. Of the amounts appropriated to the Governors Finance Office pursuant to section 2 of this act to Special Appropriations, a total of $25,000 in Fiscal Year 2017-2018 is intended to support Civil Air Patrol operations. The sums appropriated to the Civil Air Patrol are available through Fiscal Year 2020-2021.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 39. 1. Of the amounts appropriated to the Governors Finance Office pursuant to section 2 of this act to Special Appropriations, a total of $497,625 in Fiscal Year 2017-2018 and a total of $306,690 in Fiscal Year 2018-2019 is a loan to the Division of Enterprise Information Technology Services of the Department of Administration to enhance the states cyber security resources.
2. Commencing on July 1, 2018, for the Fiscal Year 2017-2018 loan amount and on July 1, 2019, for the Fiscal Year 2018-2019 loan amount, the Division of Enterprise Information Technology Services of the Department of Administration shall repay in annual installments 25 percent of the amounts appropriated to the State Treasurer for deposit to the State General Fund.
κ2017 Statutes of Nevada, Page 2644 (CHAPTER 396, AB 518)κ
Division of Enterprise Information Technology Services of the Department of Administration shall repay in annual installments 25 percent of the amounts appropriated to the State Treasurer for deposit to the State General Fund.
Sec. 40. 1. Of the amounts appropriated to the Department of Administration pursuant to section 2 of this act to Special Appropriations, a total of $1,998,895 in Fiscal Year 2017-2018 is a loan to the Division of Enterprise Information Technology Services to increase the bandwidth and connectivity of the States wide area network.
2. Commencing on July 1, 2018, the Division of Enterprise Information Technology Services of the Department of Administration shall repay in annual installments 25 percent of the amounts appropriated to the State Treasurer for deposit to the State General Fund.
Sec. 41. 1. Notwithstanding the provisions of section 75 of chapter 534, Statutes of Nevada 2015, at page 3688, any portion of the appropriation made to the Office of the Secretary of State for the 2015-2017 biennium to finance the replacement of the existing Electronic Secretary of State (ESOS) software and hardware that is remaining at the end of Fiscal Year 2016-2017, less the sum of $2,400,000, does not revert to the State General Fund, must be carried forward to Fiscal Year 2017-2018 and is hereby authorized for use in Fiscal Year 2017-2018 to fund the expenses related to the replacement of the existing Electronic Secretary of State (ESOS) software and hardware. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to carry forward money pursuant to this section.
2. The remaining balance of the money described in subsection 1 is available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the ESOS system replacement as approved by the Legislature.
Sec. 42. Of the amounts appropriated to the Federal Programs and Administration budget within the Aging and Disability Services Division, Department of Health and Human Services, pursuant to section 17 of this act, $1,181,293 in Fiscal Year 2017-2018 to support equipment for home-delivered meals programs, is available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount transferred must be used to support home-delivered meals programs as approved by the Legislature.
Sec. 43. Of the amounts appropriated by sections 2 to 30, inclusive, of this act, the amounts appropriated in both Fiscal Year 2017-2018 and Fiscal Year 2018-2019 to finance deferred maintenance projects approved within agency budgets are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.
κ2017 Statutes of Nevada, Page 2645 (CHAPTER 396, AB 518)κ
Sec. 44. Of the amounts appropriated to the Conservation and Natural Resources Administration of the State Department of Conservation and Natural Resources pursuant to section 23 of this act, $185,000 in Fiscal Year 2017-2018 and $185,000 in Fiscal Year 2018-2019 to fund contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Quantification Tool, are available in both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 45. Of the amounts appropriated to the Division of State Parks of the State Department of Conservation and Natural Resources, pursuant to section 23 of this act, $3,337,900 in Fiscal Year 2017-2018 to fund construction and maintenance projects are available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for construction and maintenance projects as approved by the 2017 Legislature.
Sec. 46. Of the amounts appropriated to the Department of Corrections pursuant to section 20 of this act, $4,785,000 in Fiscal Year 2017-2018 and $6,351,000 in Fiscal Year 2018-2019, to fund the contract costs to provide housing for inmates out of state, are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon recommendation of the Governor.
Sec. 47. Any remaining balance of the $1,000,000 State General Fund appropriation approved by the 2015 Legislature for sagebrush habitat improvement projects does not revert to the State General Fund.
Sec. 48. The balance of any remaining monies at the end of Fiscal Year 2016-2017 received by the Administrator of the Securities Division in the Office of the Secretary of State as the result of an enforcement action relating to securities, pursuant to NRS 90.630 and NRS 90.650, must be reverted to the State General Fund not later than September 15, 2017.
Sec. 49. Any money remaining in the Catalyst Account created by NRS 231.1573 and the Knowledge Account created by NRS 231.1592 at the end of Fiscal Year 2016-2017 and any remaining portion of any appropriations made to the Catalyst Account or the Knowledge Account for the 2015-2017 biennium do not revert to the State General Fund. The balance in those Accounts and any portion of appropriations remaining at the end of Fiscal Year 2016-2017 must be carried forward to Fiscal Year 2017-2018. Any balance in those Accounts and any portion of appropriations made to those Accounts remaining at the end of Fiscal Year 2017-2018 and Fiscal Year 2018-2019, respectively, must be carried forward.
Sec. 50. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,067,036 for Fiscal Year 2018-2019 for allocation to the Northern Nevada Veterans Home Account, for vendor services related to contracting with a health management company to operate the home. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon submittal by the Nevada Department of Veterans Services of an analysis demonstrating the need for the funds in Fiscal Year 2018-2019 and a plan for the utilization of the funding.
κ2017 Statutes of Nevada, Page 2646 (CHAPTER 396, AB 518)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 51. 1. The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations and from one fiscal year to the other with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
2. The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 52. Except as otherwise provided in this section, the total sums appropriated by section 17 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 32 of this act, except for the sums appropriated for the Health Care Financing and Policy Administration, Assistance to Aged and Blind, Welfare Administration and the Welfare Field Services accounts, are limits. The Division of Health Care Financing and Policy or Division of Welfare and Supportive Services shall not request additional money for these programs, except for:
1. Increased State costs in Fiscal Year 2018-2019 in the event that federal financial participation rates are less than the legislatively approved amounts effective on October 1, 2017;
2. Costs related to additional services mandated by the Federal Government on or after October 1, 2017, and which are not specifically funded in the Nevada Medicaid account in Fiscal Year 2017-2018 and Fiscal Year 2018-2019;
3. Costs related to the Medicaid county match and waiver populations that exceed the 8 cent county reimbursement cap established pursuant to NRS 428.285;
4. Increased State costs in Fiscal Year 2017-2018 and Fiscal Year 2018-2019, in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year; and
5. Increased State costs in Fiscal Year 2017-2018 and Fiscal Year 2018-2019 due to federal changes in the payment structure of Nevada Medicaid or the Nevada Check-Up Program.
Sec. 53. Except as otherwise provided in this section, the sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services, Clark County Child Welfare and Washoe County Child Welfare accounts by section 17 of this act for the purpose of providing block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits.
κ2017 Statutes of Nevada, Page 2647 (CHAPTER 396, AB 518)κ
services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs, except that the Division may request additional sums for the adoption assistance programs established in NRS 432B.219.
Sec. 54. The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 17 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 55. The sums appropriated to Nevada Medicaid and the Nevada Check-Up Program by section 17 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 56. The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Summit View Youth Center, Caliente Youth Center and the Nevada Youth Training Center pursuant to section 17 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 57. 1. The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various Divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the Divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a Division no longer require the provision of services from the Division of the Department.
2. Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services and authorized by the State Plan for Medicaid, must:
(a) Be used to pay administrative and related costs and the States share of the cost for the expansion of the upper payment limit program as provided in this section.
(b) After being used to satisfy the requirements of paragraph (a), be reserved for reversion to the State General Fund and must be reverted to the State General Fund at the end of each fiscal year of the 2017-2019 biennium.
Sec. 58. The sums appropriated to the Aging and Disability Services Division of the Department of Health and Human Services for the Desert Regional Center, Sierra Regional Center and Rural Regional Center pursuant to section 17 of this act may be transferred between each budget account for Residential Support, Family Support/Respite and Jobs and Day Training services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 59. 1. There is hereby appropriated from the State General Fund the sum of $1,392,066 in Fiscal Year 2017-2018 to the Interim Finance Committee for allocation to the Home and Community-Based Services account for the costs of services provided by the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department of Health and Human Services.
κ2017 Statutes of Nevada, Page 2648 (CHAPTER 396, AB 518)κ
2. Money appropriated pursuant to subsection 1 may be allocated to the Department of Health and Human Services, Aging and Disability Services Division, Home and Community-Based Services account, Autism Treatment Assistance Program, with the approval of the Interim Finance Committee upon the recommendation of the Governor, upon submittal of documentation indicating a sufficient number of providers is available to provide treatment to additional children diagnosed with an autism spectrum disorder in Fiscal Year 2017-2018 or Fiscal Year 2018-2019.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 60. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $516,779 for allocation to the Rural Child Welfare account of the Division of Child and Family Services of the Department of Health and Human Services for Fiscal Year 2018-2019 to fund specialized foster care provider payments. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon submittal by the Division of Child and Family Services of an analysis demonstrating the need for the funds and a plan for the utilization of the funding.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 61. 1. Except as otherwise provided in subsections 2 and 3, the sums appropriated to the Department of Corrections by section 20 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.
2. Appropriations for deferred maintenance projects pursuant to section 43 of this act are excluded from the provisions of this section.
3. Appropriations for the purpose of funding a contract to provide housing for inmates out of state pursuant to section 20 of this act are excluded from the provisions of this section.
Sec. 62. The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings.
κ2017 Statutes of Nevada, Page 2649 (CHAPTER 396, AB 518)κ
amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by appropriations to the State General Fund or the State Highway Fund.
Sec. 63. The sums appropriated to the Western Interstate Commission for Higher Education by section 2 of this act may be transferred between each budget account of the Western Interstate Commission for Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 64. The sums appropriated to the Nevada System of Higher Education by section 16 of this act may be transferred among the various budgets of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 65. In addition to the requirements of NRS 353.225, for Fiscal Year 2017-2018 and Fiscal Year 2018-2019, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.
Sec. 66. 1. Of the sums appropriated by section 16 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2017-2019 biennium may be carried forward for a maximum of two fiscal years after which time any unexpended amounts revert to the State General Fund.
2. All money appropriated by section 16 of this act, other than the sums designated in subsection 1 to match documented research grants, is subject to the provisions of section 73 of this act.
Sec. 67. 1. The sum appropriated to the Performance Funding Pool account by section 16 of this act for Fiscal Year 2018-2019 may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2018-2019 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
2. Any balance of money appropriated for Fiscal Year 2018-2019 but not transferred from the Performance Funding Pool account in Fiscal Year 2018-2019 pursuant to subsection 1 may be carried forward to Fiscal Year 2019-2020 for transfer to the respective formula-funded budget accounts in Fiscal Year 2019-2020 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
3. Any remaining balance of money appropriated for Fiscal Year 2018-2019 but not transferred from the Performance Funding Pool account in Fiscal Year 2018-2019 or Fiscal Year 2019-2020 may be carried forward to Fiscal Year 2020-2021 for transfer to the State-Funded Perkins Loan account in section 16 of this act in Fiscal Year 2020-2021 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 68. 1. There is hereby appropriated from the State General Fund the sum of $683,656 in Fiscal Year 2017-2018 to the Interim Finance Committee for allocation to the Nevada System of Higher Education, to support the Nevada State Cloud Seeding program administered by the Desert Research Institute. The money appropriated by this subsection may be allocated to the Nevada System of Higher Education in either Fiscal Year 2017-2018 or Fiscal Year 2018-2019 with the approval of the Interim Finance Committee upon:
κ2017 Statutes of Nevada, Page 2650 (CHAPTER 396, AB 518)κ
(a) Recommendation of the Governor upon submittal to the Interim Finance Committee of a detailed expenditure plan for the Nevada State Cloud Seeding Program; and
(b) A determination by the Interim Finance Committee that the plan and allocation are in the public interest.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 69. It is the intent of the Legislature that the amounts appropriated by section 16 of this act for the Nevada System of Higher Education shall not be allocated by the Nevada System of Higher Education to support expenditures related to professional merit salary increases.
Sec. 70. There is hereby appropriated from the State General Fund the sum of $149,119 to the Public Employees Retirement Board to be expended for the administration of the Legislators Retirement System in Fiscal Year 2017-2018 and Fiscal Year 2018-2019.
Sec. 71. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $370,235 in Fiscal Year 2017-2018 and the sum of $329,340 in Fiscal Year 2018-2019 for allocation to the Division of Parole and Probation of the Department of Public Safety to supplement funding for a pilot re-entry program. Money appropriated pursuant to this subsection may only be allocated by the Interim Finance Committee upon the recommendation of the Governor, and upon submittal of documentation demonstrating that additional resources are needed to support the program.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 72. 1. The Non-State Retiree Rate Mitigation account is hereby created within the State General Fund. The Public Employees Benefits Program shall administer the account.
2. There is hereby appropriated from the State General Fund to the Non-State Retiree Rate Mitigation account created pursuant to subsection 1 the sums of $2,405,225 in Fiscal Year 2017-2018 and $1,807,304 in Fiscal Year 2018-2019.
3. In Fiscal Year 2017-2018, money appropriated pursuant to subsection 2 shall only be used for the purpose of funding 100 percent of the cost of reducing the participant premium of a retired public officer or retired employee of any county, school district or other local governmental agency whose coverage is provided through the Public Employees Benefits Program and whose coverage is not provided by an individual medical plan
κ2017 Statutes of Nevada, Page 2651 (CHAPTER 396, AB 518)κ
offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., to equal the participant premium of a similarly participating, same plan and tier, state retired public officer or employee whose coverage is provided through the Public Employees Benefits Program and whose coverage is not provided by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
4. In Fiscal Year 2018-2019, money appropriated pursuant to subsection 2 shall only be used for the purpose of funding 75 percent of the cost of reducing the participant premium of a retired public officer or retired employee of any county, school district or other local governmental agency whose coverage is provided through the Public Employees Benefits Program and whose coverage is not provided by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., to equal the participant premium of a similarly participating, same plan and tier, state retired public officer or employee whose coverage is provided through the Public Employees Benefits Program and whose coverage is not provided by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
5. The sums appropriated by subsection 2 may be transferred to the Public Employees Benefits Program budget only for the purpose described in subsection 3 in Fiscal Year 2017-2018 and subsection 4 in Fiscal Year 2018-2019.
6. The sums appropriated by subsection 2 are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
7. Any remaining balance of the appropriation made by subsection 2 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 73. 1. Except as otherwise provided by sections 49, 66, 67 and 70 of this act, any balances of the appropriations made in this act for Fiscal Year 2017-2018 and Fiscal Year 2018-2019 must not be committed for expenditure after June 30 of each fiscal year, respectively, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must revert to the fund from which appropriated on or before September 21, 2018, and September 20, 2019, of each fiscal year, respectively.
2. Any balance of the appropriations made to the Legislative Fund by sections 10 and 81 of this act does not revert to the State General Fund but constitutes a balance carried forward.
Sec. 74. The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2017-2019 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year.
κ2017 Statutes of Nevada, Page 2652 (CHAPTER 396, AB 518)κ
following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Office of Finance in the Office of the Governor from the previous fiscal period until the third Friday in September immediately following the end of the fiscal year.
Sec. 75. The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 76. The State Controller shall pay the annual salaries of Supreme Court Justices, Court of Appeals Judges, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.
Sec. 77. 1. If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund to pay authorized expenses.
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.
3. An advance from the State General Fund:
(a) May be approved by the Director of the Office of Finance in the Office of the Governor only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.
(b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.
4. Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 78. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as defined in subsection 1 of NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.
κ2017 Statutes of Nevada, Page 2653 (CHAPTER 396, AB 518)κ
in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance in the Office of the Governor.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Office of Finance in the Office of the Governor for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $25,000 per activation as described in subsection 1.
4. Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the Emergency Account established by NRS 353.263.
Sec. 79. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 79th Session of the Nevada Legislature for Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Director of the Office of Finance in the Office of the Governor shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $100,000,000 for Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Governor, pursuant to NRS 353.225, may direct the Director of the Office of Finance in the Office of the Governor to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 80. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
Sec. 81. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $3,000,000 for the costs of the 79th Legislative Session.
Sec. 82. 1. This section and sections 41, 47, 48, 49, 73 and 81 of this act become effective upon passage and approval.
2. Sections 1 to 40, inclusive, 42 to 46, inclusive, 50 to 72, inclusive, and 74 to 80, inclusive, of this act become effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2654κ
Senate Bill No. 545Committee on Finance
CHAPTER 397
[Approved: June 5, 2017]
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2017-2019 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; requiring repayment of certain advances to state agencies; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:
2017-2018 2018-2019
Governors Office:
High Level Nuclear Waste $550,000 $550,000
Washington Office 259,434 259,434
Office of Energy 1,705,563 1,697,388
Renewable Energy, Efficiency and Conservation Loan 1,007,726 1,041,507
Renewable Energy Account 13,476,411 12,422,956
Office of Workforce Innovation:
Office of Workforce Innovation $446,284 $426,216
Nevada P20 Workforce Reporting 125,000 0
Western Interstate Commission for Higher Education:
Loans and Stipends $411,304 $390,429
Commission on Ethics:
Commission on Ethics $653,436 $661,651
Attorney Generals Office:
Office of the Extradition Coordinator $51,136 $51,136
Attorney General Administration Budget Account 26,785,578 25,543,818
Special Litigation Account 1,338,014 1,164,789
Workers Compensation Fraud 4,301,786 4,405,497
Crime Prevention 37,972 37,972
Medicaid Fraud Control Unit 3,480,395 3,442,237
Bureau of Consumer Protection 5,843,970 5,256,998
Grants Unit 4,341,334 2,848,389
Advisory Council for Prosecuting Attorneys 368,218 310,893
κ2017 Statutes of Nevada, Page 2655 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Victims of Domestic Violence $343,448 $345,799
Forfeiture 185,427 163,752
Attorney General Tort Claims Fund 8,796,261 8,781,545
National Settlement Administration 24,014,617 17,781,384
State Settlements 5,459,328 4,821,432
Office of the State Controller:
Controllers Office $371,619 $396,619
Debt Recovery Account 634,597 881,924
Office of the Secretary of State:
Secretary of State $356,427 $306,796
Office of the State Treasurer:
State Treasurer $2,151,635 $2,174,908
Higher Education Tuition Administration 667,644 674,879
Bond Interest and Redemption 304,034,054 319,362,587
Municipal Bond Bank Revenue 7,548,780 6,428,030
Municipal Bond Bank Debt Service 7,724,445 6,603,370
Millennium Scholarship Administration 370,922 380,360
Nevada College Savings Trust 4,220,813 4,272,299
Endowment Account 10,989,827 16,266,557
Unclaimed Property 2,234,060 2,282,913
Department of Administration:
Directors Office $800,822 $793,852
Deferred Compensation Committee 403,130 417,303
Hearings Division 5,007,056 5,017,368
Insurance and Loss Prevention 29,670,604 29,062,016
Fleet Services Division 6,359,940 5,397,576
Fleet Services Capital Purchase 1,788,565 2,189,770
Purchasing Division 4,256,410 4,196,229
Victims of Crime 15,978,980 14,621,426
State Public Works Division Administration 866,228 905,848
State Public Works Division Buildings and Grounds 17,255,346 17,797,913
State Public Works Division Engineering and Planning 5,645,818 5,934,565
State Public Works Division Marlette Lake 1,513,507 1,495,954
State Unemployment Compensation 2,092,807 2,041,469
Human Resource Management 9,672,268 9,735,442
Administrative Services Division 3,218,478 3,353,826
Agency IT Services 10,526,546 10,401,188
Office of Chief Information Officer 1,725,182 1,616,896
Computer Facility 18,210,061 18,875,178
Data Communications and Network Engineering 6,386,982 6,867,001
Telecommunications 3,265,504 3,144,291
Network Transport Services 6,940,788 4,747,600
Security 2,495,851 2,911,185
State Library 1,878,926 1,886,046
κ2017 Statutes of Nevada, Page 2656 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
State Library Archives and Public Records $36,942 $36,942
State Library CLAN 436,653 443,812
State Library Mail Services 7,450,447 7,485,545
State Library Mail Services Equipment 193,525 192,137
State Library IPS Equipment/ Software 58,289 73,852
Supreme Court of Nevada:
Administrative Office of the Courts $5,126,802 $4,271,761
Judicial Programs and Services Division 421,206 421,206
Uniform System of Judicial Records 2,356,517 1,768,035
Judicial Education 1,292,029 1,219,633
Judicial Support, Governance and Special Events 432,098 619,413
Supreme Court 6,103,744 6,043,212
Specialty Court 6,908,908 6,516,788
Senior Justice and Senior Judge Program 507,380 502,966
Supreme Court Law Library 2,032 2,032
Department of Tourism and Cultural Affairs:
Tourism Development Fund $31,482,991 $31,314,469
Tourism Development 104,734 109,468
Nevada Magazine 1,346,893 1,308,960
Museums and History Administration 466,696 447,897
Lost City Museum 312,294 326,045
Nevada Historical Society 349,117 354,866
Nevada State Museum, Carson City 1,065,294 1,089,748
Nevada State Museum, Las Vegas 956,641 974,281
Nevada State Railroad Museums 933,355 955,990
Nevada Arts Council 2,170,856 2,154,363
Nevada Indian Commission 77,753 80,127
Governors Office of Economic Development:
Governors Office of Economic Development $834,172 $846,788
Nevada Film Office 764,752 798,829
Rural Community Development 2,615,872 2,616,036
Procurement Outreach Program 599,757 599,992
Nevada SSBCI Program 4,313,543 2,638,127
Nevada Catalyst Fund 4,312,118 2,201,618
Nevada Knowledge Fund 7,113,632 6,214,554
Department of Taxation:
Department of Taxation $843,810 $851,195
Marijuana Regulation and Control Account 34,450,113 38,331,013
Legislative Counsel Bureau:
Legislative Counsel Bureau $1,041,554 $633,788
State Printing Office 2,705,518 2,951,584
κ2017 Statutes of Nevada, Page 2657 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Peace Officers Standards and Training Commission:
Peace Officers Standards and Training Commission $2,509,778 $2,532,853
Department of Veterans Services:
Office of Veterans Services $2,103,911 $2,133,184
Southern Nevada Veterans Home Account 25,614,940 25,107,619
Department of Education:
Educational Trust Account $608,782 $644,442
Career and Technical Education 10,719,193 10,391,942
Account for Alternative Schools 7,813,811 161,948
Achievement School District 126,778 127,035
Gear Up 4,159,179 4,161,670
Continuing Education 5,961,650 5,961,650
Educator Licensure 3,900,073 3,331,016
Office of Early Learning and Development 18,418,308 18,512,992
Student and School Support 144,248,029 144,248,029
Individuals with Disabilities Education Act 78,812,571 78,816,513
District Support Services 660,990 682,341
Department Support Services 4,466,111 4,224,646
Data Systems Management 126,320 129,166
Standards and Instructional Support 347,837 346,950
Educator Effectiveness 12,163,365 12,163,365
Assessments and Accountability 4,412,661 4,389,231
Safe and Respectful Learning 3,615,980 3,610,846
State Public Charter School Authority:
State Public Charter School Authority $14,095,020 $15,156,798
Public Charter School Loan Program 635,315 576,472
Nevada System of Higher Education:
University of Nevada, Reno $106,005,495 $110,621,709
UNR School of Medicine 6,631,440 6,879,919
System Administration 226,344 226,344
University of Nevada, Las Vegas 120,914,939 124,784,875
UNLV School of Medicine 1,656,000 2,790,000
Agricultural Experiment Station 1,710,261 1,710,261
Cooperative Extension Service 1,892,521 1,892,521
Education for Dependent Children 33,569 16,501
UNLV Law School 4,814,128 4,814,128
Great Basin College 4,356,885 4,561,711
UNLV Dental School 8,754,162 8,939,402
Nevada State College 8,162,758 8,827,642
Desert Research Institute 148,486 148,486
College of Southern Nevada 45,904,912 47,719,732
Western Nevada College 4,901,412 5,052,751
Truckee Meadows Community College 13,712,616 14,261,887
Department of Health and Human Services:
Office of the State Public Defender $1,285,295 $1,297,921
κ2017 Statutes of Nevada, Page 2658 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Health and Human Services Administration $371,285 $385,999
Developmental Disabilities 535,843 536,291
Grants Management Unit 27,580,787 27,613,519
Directors Office Problem Gambling 1,796,547 1,964,008
Childrens Trust Account 1,222,720 1,376,793
Consumer Health Assistance 1,284,371 1,246,615
Indigent Hospital Care 49,592,100 49,613,648
Individuals with Disabilities Education Act Part C Compliance 3,799,269 3,800,297
Upper Payment Limit Holding Account 11,124,793 13,056,427
Division of Health Care Financing and Policy:
Intergovernmental Transfer Program $178,830,776 $180,846,536
Division of Health Care Financing and Policy Administration 138,159,803 140,360,354
Increased Quality of Nursing Care 34,707,326 36,176,443
Nevada Check-Up Program 54,843,536 60,752,915
Nevada Medicaid 2,968,466,023 3,096,824,392
Division of Public and Behavioral Health:
Behavioral Health:
Southern Nevada Adult Mental Health Services $11,029,899 $8,585,917
Northern Nevada Adult Mental Health Services 4,816,068 4,501,362
Behavioral Health Administration 649,125 674,027
Behavioral Health Prevention and Treatment 25,983,293 25,829,419
Alcohol Tax Program 1,120,070 1,129,440
Facility for the Mental Offender 513,695 513,863
Rural Clinics 3,836,285 3,830,275
Public Health:
Radiation Control $4,613,799 $4,172,626
Low-Level Radioactive Waste Fund 220,572 220,572
Child Care Services 1,879,990 1,983,040
Nevada Central Cancer Registry 807,157 769,312
Health Statistics and Planning 2,635,314 2,566,323
Environmental Health Services 2,331,702 2,263,319
Immunization Program 6,011,766 5,788,021
WIC Food Supplement 71,551,890 70,641,293
Communicable Diseases 29,401,419 29,841,860
Health Care Facilities Regulation 18,004,971 15,489,285
Health Care Facilities Administrative Penalty 53,600 95,992
Public Health Preparedness Program 11,570,881 11,381,578
Chronic Disease 9,224,775 8,905,256
Biostatistics and Epidemiology 6,305,938 6,324,686
Maternal, Child and Adolescent Health Services 7,378,117 7,378,100
Office of Health Administration 6,992,997 7,074,682
κ2017 Statutes of Nevada, Page 2659 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Community Health Services $1,837,481 $1,797,147
Emergency Medical Services 258,398 257,586
Marijuana Health Registry 3,293,959 3,472,277
Division of Welfare and Supportive Services:
Welfare Administration $31,713,625 $32,181,813
Temporary Assistance for Needy Families 17,804,262 17,796,339
Welfare Field Services Account 83,424,330 85,248,156
Child Support Enforcement Program 18,367,778 17,489,032
Child Support Federal Reimbursement 28,729,646 29,326,124
Welfare Child Assistance and Development 57,205,039 57,425,645
Welfare Energy Assistance Program 19,317,358 19,301,205
Aging and Disability Services Division:
Tobacco Settlement Program $5,943,500 $5,943,500
Federal Programs and Administration 21,655,943 21,825,722
Senior Rx and Disability Rx 2,864,400 2,864,400
Home- and Community-Based Services 18,447,081 20,176,927
Family Preservation Program 1,200,000 1,200,000
Rural Regional Center 8,849,745 9,234,782
Desert Regional Center 71,303,801 75,496,484
Sierra Regional Center 23,521,364 24,517,378
Early Intervention Services 10,874,865 12,046,994
Division of Child and Family Services:
Juvenile Justice Services $450,059 $450,372
Washoe County Child Welfare 17,856,234 18,058,111
Clark County Child Welfare 56,455,071 58,311,552
UNITY/SACWIS 3,237,025 3,283,670
Children, Youth and Family Administration 17,771,532 17,860,223
Youth Alternative Placement 2,151,312 2,186,312
Caliente Youth Center 402,811 402,811
Victims of Domestic Violence 3,370,568 3,568,558
Rural Child Welfare 13,252,060 13,282,176
Child Welfare Trust 244,709 244,709
Transition from Foster Care 2,376,107 2,473,040
Review of Death of Children 487,412 522,487
Nevada Youth Training Center 252,759 252,759
Summit View Youth Center 85,848 85,848
Youth Parole Services 3,373,313 3,392,906
Northern Nevada Child and Adolescent Services 6,009,847 5,969,650
Southern Nevada Child and Adolescent Services 16,655,549 16,942,901
Adjutant General:
Office of the Military $19,735,668 $19,988,132
Adjutant Generals Special Armory Account 57,775 58,275
Patriot Relief Fund 400 400
Emergency Operations Center 591,297 579,427
κ2017 Statutes of Nevada, Page 2660 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Department of Corrections:
Prison Medical Care $1,277,016 $1,293,151
Offenders Store Fund 28,748,725 29,694,745
Office of the Director 1,445,202 1,445,202
Correctional Programs 536,086 549,039
Warm Springs Correctional Center 34,279 34,225
Northern Nevada Correctional Center 229,536 230,634
Nevada State Prison 950 950
Prison Industry 6,149,149 6,358,846
Stewart Conservation Camp 134,651 137,561
Pioche Conservation Camp 23,789 23,236
Northern Nevada Transitional Housing 682,421 695,417
Three Lakes Valley Conservation Camp 36,623 36,699
Prison Ranch 4,014,810 4,433,286
Southern Desert Correctional Center 134,794 134,615
Wells Conservation Camp 16,312 16,591
Humboldt Conservation Camp 19,489 19,811
Ely Conservation Camp 11,448 11,693
Jean Conservation Camp 16,716 16,849
Ely State Prison 189,241 218,279
Carlin Conservation Camp 14,104 14,244
Tonopah Conservation Camp 11,910 12,114
Lovelock Correctional Center 175,284 175,200
Casa Grande Transitional Housing 1,426,593 1,453,780
Florence McClure Womens Correctional Center 85,400 86,029
High Desert State Prison 207,136 210,530
Inmate Welfare Account 3,819,354 4,017,494
Commission on Mineral Resources:
Division of Minerals $2,968,194 $2,593,958
State Department of Agriculture:
Agriculture Registration/Enforcement $4,963,263 $4,727,250
Livestock Inspection 1,690,238 1,664,963
Veterinary Medical Services 179,047 178,744
Commercial Feed 20,046 29,534
Consumer Equitability 3,400,937 3,197,814
Pest, Plant Disease, Noxious Weed Control 1,288,889 1,412,530
Agriculture Administration 2,525,833 2,555,683
Predatory Animal and Rodent Control 33,123 33,123
Nutrition Education Programs 182,362,058 194,427,621
Dairy Fund 1,871,308 1,619,810
Commodity Foods Distribution Program 18,778,526 18,516,756
Livestock Enforcement 197,336 203,446
Public Utilities Commission of Nevada:
Public Utilities Commission $14,865,068 $14,204,339
Nevada Gaming Control Board:
Gaming Control Board $14,121,323 $14,130,304
Gaming Control Board Investigation Fund 13,962,121 13,968,425
κ2017 Statutes of Nevada, Page 2661 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Department of Public Safety:
Division of Emergency Management $4,340,076 $4,241,772
Emergency Management Assistance Grants 15,211,770 14,719,602
Homeland Security 275,581 279,808
Division of Parole and Probation 9,644,544 9,999,670
Investigation Division 469,739 469,739
Training Division 3,511 3,511
State Fire Marshal 2,633,294 2,604,869
Cigarette Fire Safe Standard and Firefighter Support 134,879 195,038
Traffic Safety 7,160,193 7,161,486
Highway Safety Plan and Administration 3,658,548 3,675,379
Motorcycle Safety Program 719,803 703,076
Evidence Vault 643,351 658,097
Forfeitures Law Enforcement 1,535,224 1,757,311
NHP K-9 Program 36,510 20,169
Directors Office 3,261,851 3,340,273
Office of Professional Responsibility 817,862 792,667
Justice Assistance Act 1,363,535 1,363,551
Central Repository for Nevada Records of Criminal History 29,242,194 29,348,617
Nevada Highway Patrol Division 3,413,140 3,351,198
General Services Division 6,500,581 6,667,948
Highway Safety Grants Account 2,160,540 2,274,340
Capitol Police 3,027,421 2,908,201
State Emergency Response Commission 2,530,032 2,412,416
Justice Assistance Grant Trust Account 2,262,605 2,262,713
Justice Grant 206,083 208,788
Account for Reentry Programs 5,000 5,000
Colorado River Commission of Nevada:
Colorado River Commission $9,437,581 $9,082,672
Research and Development Account 10,343,098 10,262,707
Power Delivery Project 24,303,180 25,906,560
Power Marketing Fund 40,288,697 32,248,215
State Department of Conservation and Natural Resources:
DEP Administration $8,061,968 $8,769,635
DEP Air Quality 8,432,486 8,509,623
DEP Water Pollution Control 7,272,381 6,951,375
DEP Waste Management and Corrective Action 12,755,511 12,809,833
DEP Mining Regulation/Reclamation 6,324,811 6,345,096
DEP State Revolving Fund Administration 4,339,842 4,046,303
DEP Water Quality Planning 3,151,446 3,173,982
DEP Safe Drinking Water Program 6,014,826 5,994,323
DEP Industrial Site Cleanup 4,486,444 3,483,292
κ2017 Statutes of Nevada, Page 2662 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Nevada Natural Heritage Program $830,010 $843,058
State Environmental Commission 100,510 100,521
OHV Commission 2,391,761 1,420,278
Conservation and Natural Resources Administration 749,289 771,366
DEP Water Planning Capital Improvement 43,566 36,067
Division of State Parks 9,041,820 9,347,892
Division of Water Resources 581,801 532,429
Division of State Lands 443,565 400,461
Division of Forestry 5,003,983 5,009,824
Wildland Fire Protection Program 4,586,287 4,637,192
Forest Fire Suppression 6,363,369 6,363,441
Forestry Conservation Camps 3,384,720 3,384,720
Office of Historic Preservation 897,509 897,509
Forestry Nurseries 1,419,529 1,446,302
Account to Restore the Sagebrush Ecosystem 1,020,000 1,020,000
Tahoe Regional Planning Agency:
Tahoe Regional Planning Agency $12,739,009 $12,629,412
Department of Wildlife:
Directors Office $3,800,233 $3,865,629
Operations 8,602,952 8,199,310
Conservation Education 2,378,973 2,426,160
Law Enforcement 7,528,637 7,323,005
Game Management 7,335,403 7,339,674
Fisheries Management 7,772,804 7,998,815
Diversity Division 1,610,767 1,635,538
Habitat 6,833,401 6,949,899
Department of Business and Industry:
Nevada Attorney for Injured Workers $3,617,815 $3,651,219
Employee-Management Relations Board 1,186,747 1,371,259
Financial Institutions Investigations 1,394,887 1,444,777
Insurance Regulation 13,693,044 15,790,451
Captive Insurers 1,780,570 1,436,930
Common-Interest Communities 3,748,051 3,710,370
Insurance Recovery 209,320 209,320
Real Estate Administration 2,937,693 2,945,861
Real Estate Education and Research 1,029,199 863,481
Real Estate Recovery Account 754,593 768,608
Division of Financial Institutions 5,802,697 5,246,598
Account for Low-Income Housing 26,538,527 26,984,951
Special Housing Assistance 2,372,082 761,637
Housing Division 12,049,052 12,152,905
Housing Inspection and Compliance 3,623,651 3,630,011
Financial Institutions Audit 259,391 252,672
Division of Mortgage Lending 7,824,863 9,094,141
Nevada Transportation Authority 2,752,482 2,901,524
Transportation Authority Administrative Fines 1,048,134 1,214,069
κ2017 Statutes of Nevada, Page 2663 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Nevada Athletic Commission $3,176,881 $3,029,357
Taxicab Authority 10,517,195 9,820,405
Division of Industrial Relations 7,133,761 7,239,494
Business and Industry Administration 4,945,020 5,071,141
Occupational Safety and Health Enforcement 11,287,072 11,499,508
Industrial Development Revenue Bonds 855,879 956,503
Self-Insured Workers Compensation 570,427 579,140
Safety Consultation and Training 3,482,210 3,465,398
Mine Safety and Training 1,661,248 1,600,976
Weatherization 7,798,800 8,016,346
Department of Transportation:
Transportation Administration $678,174,533 $669,474,011
Bond Construction 180,000,000 0
Department of Motor Vehicles:
Records Search $10,023,354 $10,023,354
Automation 5,352,787 5,346,081
System Modernization 6,654,130 6,854,130
Motor Carrier Division 1,751,020 1,764,905
Motor Vehicle Pollution Control 11,795,392 12,330,723
Verification of Insurance 13,112,712 13,112,712
Hearings Office 4,300 4,300
Division of Field Services 31,666,227 31,666,227
Division of Compliance Enforcement 402,483 402,848
Division of Central Services and Records 6,915,502 6,910,699
Office of the Director 2,148,557 2,283,773
Administrative Services Division 10,494,207 10,813,846
License Plate Factory 6,702,419 6,624,430
Department of Employment, Training and Rehabilitation:
Nevada Equal Rights Commission $446,634 $449,968
Blind Business Enterprise Program 4,102,030 3,779,444
Bureau of Services to Persons Who Are Blind or Visually Impaired 2,796,594 2,845,474
Bureau of Vocational Rehabilitation 19,336,648 19,258,722
Rehabilitation Administration 1,372,633 1,407,186
Disability Adjudication 19,967,734 20,309,443
Administration 5,448,613 5,404,831
Research and Analysis 2,753,103 2,775,325
Information Development and Processing 14,267,056 14,656,056
Workforce Development 64,915,103 63,091,911
Unemployment Insurance 30,979,158 30,829,871
Employment Security Special Fund 4,683,355 3,895,754
Commission on Postsecondary Education 100,000 100,000
Public Employees Retirement System:
Public Employees Retirement System $14,041,235 $12,130,748
κ2017 Statutes of Nevada, Page 2664 (CHAPTER 397, SB 545)κ
2017-2018 2018-2019
Public Employees Benefits Program:
Public Employees Benefits Program $476,137,955 $476,886,761
Retired Employee Group Insurance 41,047,409 43,045,079
Active Employees Group Insurance 239,163,143 239,027,092
Silver State Health Insurance Exchange:
Silver State Health Insurance Exchange Administration $27,576,301 $26,712,857
Sec. 2. 1. There is hereby authorized for expenditure from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products:
(a) The sum of $626,115 for Fiscal Year 2017-2018 and the sum of $641,905 for Fiscal Year 2018-2019 to support the tobacco enforcement operations of the Attorney General Special Litigation Account.
(b) The sum of $192,072 for Fiscal Year 2017-2018 and the sum of $198,558 for Fiscal Year 2018-2019 to support the Department of Taxation in enforcing or otherwise ensuring compliance with the Master Settlement Agreement and deposits by nonparticipating manufacturers into a qualified escrow fund.
2. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:
(a) Disburse, on or after July 1, 2017, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2017-2018 before other disbursements required by law are made;
(b) Disburse, on or after July 1, 2018, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2018-2019 before other disbursements required by law are made; and
(c) Thereafter in each fiscal year, disburse all other money authorized for expenditure from this same source in the manner provided in NRS 439.630.
3. Any balance of the sums authorized for expenditure by subsection 1 remaining at the end of the respective fiscal years must be disbursed as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund created by NRS 396.926 and 60 percent to the Fund for a Healthy Nevada created by NRS 439.620.
4. Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada remaining at the end of the respective fiscal years must be disbursed to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.
Sec. 3. 1. Expenditure of $29,517,082 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2017-2018.
2. Expenditure of $30,121,973 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2018-2019.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the State Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the State Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.
κ2017 Statutes of Nevada, Page 2665 (CHAPTER 397, SB 545)κ
expenditure after June 30 of the respective fiscal years by the State Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the State Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.
4. There is hereby authorized for expenditure from the State General Fund by the Nevada Gaming Control Board the sum of $100,000 in Fiscal Year 2017-2018 to fund the special counsel for legal services as authorized by the Chair of the Nevada Gaming Control Board.
5. Any remaining balance of the authorization made by subsection 4 for Fiscal Year 2017-2018 may be balanced forward to Fiscal Year 2018-2019 with the approval of the Interim Finance Committee, and any remaining balance of the original authorization carried forward to Fiscal Year 2018-2019 that is not committed for expenditure by June 30, 2019, must be reverted to the State General Fund on or before September 20, 2019.
Sec. 4. 1. Expenditure of $640,189 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2017-2018.
2. Expenditure of $538,489 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2018-2019.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.
Sec. 5. The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 6. 1. Except as otherwise provided in subsection 2 and section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act.
κ2017 Statutes of Nevada, Page 2666 (CHAPTER 397, SB 545)κ
local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amounts authorized in sections 1 to 4, inclusive, of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 7. Except as otherwise provided in section 8 of this act, subsection 3 of section 9 of this act, sections 13, 15, 16 and 20 to 23, inclusive, of this act and NRS 90.851, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2017-2019 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 8. 1. The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:
Fiscal Year Fiscal Year
2017-2018 2018-2019
University of Nevada, Reno............ $105,608,183 $110,224,397
University of Nevada, Las Vegas... 120,134,939 124,004,875
College of Southern Nevada........... 45,724,912 47,539,732
Western Nevada College.................. 4,856,572 4,856,790
Truckee Meadows Community College 13,612,616 14,161,887
Great Basin College........................... 4,356,885 4,561,711
Nevada State College....................... 8,134,758 8,799,642
UNLV Dental School........................ 8,754,162 8,939,402
UNLV Law School............................ 4,814,128 4,814,128
UNR School of Medicine................. 6,631,440 6,879,919
UNLV School of Medicine............... 1,656,000 2,790,000
2. The Nevada System of Higher Education may expend any additional registration fees and any additional nonresident tuition fees collected from students as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases. The Nevada System of Higher Education shall report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover the July 1, 2017, to December 31, 2017, period, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.
κ2017 Statutes of Nevada, Page 2667 (CHAPTER 397, SB 545)κ
additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.
3. At the close of Fiscal Year 2017-2018 and Fiscal Year 2018-2019, the amounts authorized for the Nevada System of Higher Education as provided in section 1 of this act, shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized amounts approved by the Board of Regents of the University of Nevada and the Office of Finance in the Office of the Governor, if applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2017-2018 and Fiscal Year 2018-2019.
Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his or her services:
Fiscal Year Fiscal Year
2017-2018 2018-2019
Carson City............................................ $1,173,329 $1,185,178
Storey County............................................. $76,888 $77,665
Totals ..................................................... $1,250,217 $1,262,843
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 79th Session of the Nevada Legislature for employees of the Office of the State Public Defender for Fiscal Year 2017-2018 and Fiscal Year 2018-2019.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.
Sec. 10. Notwithstanding any provision of law to the contrary, the Department of Taxation may balance forward any license and permit fees for recreational marijuana received in the Department of Taxation budget account for Fiscal Year 2016-2017 to the Marijuana Regulation and Control Account for Fiscal Year 2017-2018.
Sec. 11. 1. The Office of Finance in the Office of the Governor shall develop revenue general ledgers and expenditure categories for the Public Employees Benefits Program budget account to enhance tracking and transparency, submit a work program revision reflecting the revised revenue general ledgers and expenditure categories and submit a plan for tracking expenditures by participant group to the Interim Finance Committee for consideration no later than August 31, 2017.
2. Notwithstanding the provisions of NRS 353.220, for Fiscal Year 2017-2018, after submitting the work program revision and plan specified in subsection 1, the Office of Finance in the Office of the Governor may approve and process such subsequent work program revisions necessary to ensure sufficient revenue and expenditure authority for each participant group without the approval of the Interim Finance Committee.
Sec. 12. In Fiscal Year 2017-2018 and Fiscal Year 2018-2019, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
κ2017 Statutes of Nevada, Page 2668 (CHAPTER 397, SB 545)κ
Sec. 13. Money authorized for expenditure in section 1 of this act for the Division of Forestry and the Forestry Conservation Camps of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose.
Sec. 14. Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials must be expended to support eligible training programs and related operating costs before any money from the State General Fund may be expended for such training programs.
Sec. 15. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for support of the central reporting unit that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for that purpose.
Sec. 16. Money authorized for expenditure in section 1 of this act for Forest Fire Suppression, up to $250,000 for the Division of Forestry of the State Department of Conservation and Natural Resources, up to $175,000 for the Forestry Conservation Camps of the State Department of Conservation and Natural Resources in Fiscal Year 2017-2018, up to $250,000 for the Division of Forestry of the State Department of Conservation and Natural Resources and up to $175,000 for the Forestry Conservation Camps of the State Department of Conservation and Natural Resources in Fiscal Year 2018-2019, may be carried forward to the next fiscal year for the repair of fire-fighting and emergency response vehicles.
Sec. 17. Expenditure of $1,092,105 during Fiscal Year 2017-2018 and $1,092,105 during Fiscal Year 2018-2019 is hereby authorized for the State Active Duty budget account of the Office of the Military for the payment of salaries and fringe benefits or other compensation and meals for members of the Nevada National Guard called into state active duty.
Sec. 18. Money authorized for expenditure in section 1 of this act from the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 for the payment of program expenditures may be expended for that purpose.
Sec. 19. The $844,187 balance of the allocation from the Interim Finance Contingency Account approved by the Interim Finance Committee in Fiscal Year 2016-2017 for the State Department of Conservation and Natural Resources Administration budget for sagebrush habitat improvement projects, which was subsequently transferred to the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 during Fiscal Year 2016-2017, may be transferred within the Account to Restore the Sagebrush Ecosystem from one fiscal year to the other and does not revert to the Interim Finance Contingency Account.
Sec. 20. Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loan and Stipend Account may balance forward to the subsequent fiscal year for expenditure on Health Care Access Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2017-2019 biennium.
Sec. 21. Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2017-2018 and Fiscal Year 2018-2019 may be carried forward to the next fiscal year.
κ2017 Statutes of Nevada, Page 2669 (CHAPTER 397, SB 545)κ
Sec. 22. If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services.
Sec. 23. Money authorized for expenditure in section 8 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.
Sec. 24. It is the intent of the Legislature that the amounts authorized in section 1 of this act for Early Intervention Services of the Aging and Disability Services Division of the Department of Health and Human Services shall be expended in order to continue the current service delivery model in which the caseload is split between the state and community providers, and each is reimbursed according to the methods in place during the 2015-2017 biennium.
Sec. 25. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 428Committee on Health and Human Services
CHAPTER 398
[Approved: June 5, 2017]
AN ACT relating to controlled substances; authorizing a pharmacist to furnish an opioid antagonist without a prescription under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain physicians, physician assistants and advanced practice registered nurses to prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose, or to a family member, friend or other person who is in a position to assist a person experiencing an opioid-related drug overdose. (Chapter 453C of NRS, NRS 453C.100) Existing law further provides for the development of standardized procedures and protocols under which a registered pharmacist may furnish an opioid antagonist. (NRS 453C.120) This bill authorizes a pharmacist to furnish an opioid antagonist without a prescription from a health care professional authorized to prescribe an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose, or to a family member, friend or other person who is in a position to assist such a person. This bill also prohibits the development of standardized procedures and protocols that prevent a pharmacist from dispensing an opioid antagonist without a prescription.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
κ2017 Statutes of Nevada, Page 2670 (CHAPTER 398, AB 428)κ
Sec. 2. NRS 453C.120 is hereby amended to read as follows:
453C.120 1. Notwithstanding any other provision of law, a registered pharmacist may , with or without a prescription from a health care professional authorized to prescribe an opioid antagonist, furnish an opioid antagonist in accordance with standardized procedures or protocols developed and approved by the State Board of Pharmacy pursuant to this section.
2. The State Board of Pharmacy [may,] :
(a) May, in consultation with representatives of the Nevada Pharmacist Association, other appropriate professional licensing boards, state agencies and other interested parties, develop standardized procedures or protocols to enable a registered pharmacist and other appropriate entities to furnish an opioid antagonist pursuant to this section.
(b) May not prohibit a pharmacist from furnishing an opioid antagonist to a person without a prescription.
3. Standardized procedures or protocols adopted pursuant to this section must ensure that a person receive education before being furnished with an opioid antagonist pursuant to this section. The education must include, without limitation:
(a) Information concerning the prevention and recognition of and responses to opioid-related drug overdoses;
(b) Methods for the safe administration of opioid antagonists to a person experiencing an opioid-related drug overdose;
(c) Potential side effects and adverse events connected with the administration of opioid antagonists;
(d) The importance of seeking emergency medical assistance for a person experiencing an opioid-related drug overdose even after the administration of an opioid antagonist; and
(e) Information concerning the provisions of NRS 453C.150.
4. A pharmacist shall, before furnishing an opioid antagonist pursuant to this section, complete a training program on the use of opioid antagonists. The program must include at least 1 hour of approved continuing education on the use of opioid antagonists.
5. This section does not:
(a) Affect any provision of law concerning the confidentiality of medical information.
(b) Confer any authority on a registered pharmacist to prescribe an opioid antagonist or any other prescription medication or controlled substance.
Secs. 3-10. (Deleted by amendment.)
Sec. 11. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On July 1, 2017, for all other purposes.
________
κ2017 Statutes of Nevada, Page 2671κ
Assembly Bill No. 494Committee on Ways and Means
CHAPTER 399
[Approved: June 5, 2017]
AN ACT making a supplemental appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for a projected shortfall resulting from an increase in the Medicaid caseload over the amount legislatively approved for Fiscal Years 2015-2016 and 2016-2017; authorizing the expenditure of certain money for the same purposes; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $5,800,224 for a projected shortfall resulting from an increase in the Medicaid caseload over the amount legislatively approved for Fiscal Years 2015-2016 and 2016-2017. This appropriation is supplemental to that made by section 20 of chapter 534, Statutes of Nevada 2015, at page 3672.
Sec. 2. Expenditure of $124,074,692 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, by the Division for the same purposes as set forth as section 1 of this act. This authorization is supplemental to that made by section 1 of chapter 484, Statutes of Nevada 2015, at page 2854.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2672κ
Senate Bill No. 534Committee on Finance
CHAPTER 400
[Approved: June 5, 2017]
AN ACT making appropriations to the Division of Child and Family Services of the Department of Health and Human Services for deferred maintenance projects essential for the security and operation of certain facilities; and providing other matters properly relating thereto.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the following sums for deferred maintenance projects essential for the security and operation of:
The Summit View Youth Center................................................. $152,000
The Caliente Youth Center.......................................................... $900,256
The Nevada Youth Training Center........................................ $1,429,662
Northern Nevada Child and Adolescent Services...................... $70,927
Southern Nevada Child and Adolescent Services.................... $286,865
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2673κ
Assembly Bill No. 76Committee on Corrections, Parole, and Probation
CHAPTER 401
[Approved: June 5, 2017]
AN ACT relating to records of criminal history; revising provisions governing requirements for the submission of information to the Central Repository for Nevada Records of Criminal History; reducing the period in which the Central Repository may not charge a fee for providing certain information relating to an applicant for professional licensure; revising provisions relating to the Revolving Account to Investigate the Background of Volunteers Who Work With Children; revising the information which must be included within the record of the Repository for Information Concerning Crimes Against Older Persons; revising and repealing certain provisions regarding the dissemination of certain information from the Central Repository; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Central Repository for Nevada Records of Criminal History for the collection and maintenance of certain information relating to records of criminal history. Under existing law, the General Services Division of the Department of Public Safety is authorized to request of and receive from the Federal Bureau of Investigation the background and personal history of a person by submitting to the Federal Bureau of Investigation a complete set of fingerprints of the person which was received by the Central Repository. (NRS 179A.075) Section 4 of this bill revises the definition of the term record of criminal history to include biometric identifiers, which is defined in section 2 of this bill as a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.
Existing law requires each agency of criminal justice and any other agency dealing with crime or delinquency of children to collect, maintain and submit certain information to the Central Repository. (NRS 179A.075) Section 5 of this bill eliminates those duties as they pertain to agencies dealing with delinquency of children and establishes certain reporting requirements for compliance with the policies, procedures and definitions prescribed by the Federal Bureau of Investigation for the submission of information to the Uniform Crime Reporting Program.
Existing law sets forth a list of persons and governmental entities to whom records of criminal history must be disseminated by an agency of criminal justice upon request. (NRS 179A.100) Section 8 of this bill adds to that list: (1) a reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station, under certain circumstances; and (2) a county coroner or medical examiner, as needed to conduct an investigation of the death of a person.
Existing law prohibits the Central Repository from charging a fee for information relating to records of criminal history relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 6 months in conjunction with an application by the person for professional licensure. (NRS 179A.140) Section 10 of this bill reduces the period in which the fee may not be charged to 90 days.
κ2017 Statutes of Nevada, Page 2674 (CHAPTER 401, AB 76)κ
Existing law establishes the Revolving Account to Investigate the Background of Volunteers Who Work With Children. Money in the Account is to be used to pay the costs to process requests from nonprofit agencies to determine whether a volunteer or prospective volunteer of such an agency who works, or will work, directly with children has committed certain offenses. (NRS 179A.310) Section 12 of this bill: (1) clarifies that the Central Repository processes requests from the agencies for information on the background of such volunteers; and (2) changes the name of the Account to the Revolving Account to Process Requests for Information on the Background of Volunteers Who Work With Children.
Existing law establishes the Repository for Information Concerning Crimes Against Older Persons within the Central Repository. (NRS 179A.450) Section 14 of this bill revises the information which must be included within the record of the Repository for Information Concerning Crimes Against Older Persons.
Existing law governs the dissemination of information relating to certain offenses as that information relates to persons who work with children. (NRS 179A.180-179A.240) Section 21 of this bill repeals those provisions, as provisions governing dissemination of that information are included in federal laws and regulations.
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 179.301 is hereby amended to read as follows:
179.301 1. The Nevada Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturers, sellers or distributors license or registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records:
(a) May form the basis for recommendation, denial or revocation of those licenses.
(b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicants suitability or qualifications to hold the work permit.
2. The Division of Insurance of the Department of Business and Industry and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to insurance, to determine the suitability or qualifications of any person to hold a license, certification or authorization issued in accordance with title 57 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses, certifications and authorizations.
3. A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:
(a) The records relate to a violation or alleged violation of NRS 202.575; and
(b) The person who is the subject of the records has been arrested or issued a citation for violating NRS 202.575.
4. The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with [NRS 179A.180 to 179A.240, inclusive.]
κ2017 Statutes of Nevada, Page 2675 (CHAPTER 401, AB 76)κ
offenses, and may notify employers of the information in accordance with [NRS 179A.180 to 179A.240, inclusive.] federal laws and regulations.
5. Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his or her duties.
6. The State Board of Pardons Commissioners and its agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if the person who is the subject of the records has applied for a pardon from the Board.
7. As used in this section:
(a) Information relating to sexual offenses means information contained in or concerning a record relating in any way to a sexual offense.
(b) Sexual offense has the meaning ascribed to it in NRS 179A.073.
Sec. 2. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
Biometric identifier means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.
Sec. 3. NRS 179A.010 is hereby amended to read as follows:
179A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 4. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. Record of criminal history means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints and other biometric identifiers of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.
2. Record of criminal history does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;
(b) Information concerning juveniles;
κ2017 Statutes of Nevada, Page 2676 (CHAPTER 401, AB 76)κ
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;
(f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;
(g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;
(h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers or other operators licenses;
(i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or
(j) Records which originated in an agency other than an agency of criminal justice in this State.
Sec. 5. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime [or delinquency of children] shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository [in] :
(1) In the manner approved by the Director of the Department [.] ; and
(2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
κ2017 Statutes of Nevada, Page 2677 (CHAPTER 401, AB 76)κ
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and
(c) Within the time prescribed by the Director of the Department.
5. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
(d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.
[5.] 6. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
[6.] 7. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection [5,] 6, the Central Repository must receive:
(a) The persons complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county jail or detention facility;
κ2017 Statutes of Nevada, Page 2678 (CHAPTER 401, AB 76)κ
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the persons fingerprints for the purposes of mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
[7.] 8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment; or
(3) Is employed by a county school district, charter school or private school,
Κ and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
κ2017 Statutes of Nevada, Page 2679 (CHAPTER 401, AB 76)κ
pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
(g) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repositorys Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website a report containing statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice [and the delinquency of children] by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and
(2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.
[8.] 9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime . [or the delinquency of children.]
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime [or the delinquency of children] which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
[9.] 10. As used in this section:
(a) [Biometric identifier means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.
(b)] Mobile identification means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.
[(c)] (b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) A biometric identifier of a person.
κ2017 Statutes of Nevada, Page 2680 (CHAPTER 401, AB 76)κ
[(d)] (c) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 6. NRS 179A.078 is hereby amended to read as follows:
179A.078 The Director of the Department shall establish within the Central Repository a Uniform Program for Reporting Crimes that is designed to collect statistical data relating to crime [or delinquency of children] and to facilitate the collection and analysis of statistical data relating to crime at a central location.
Sec. 7. NRS 179A.080 is hereby amended to read as follows:
179A.080 The Director of the Department is responsible for administering this chapter and may adopt regulations for that purpose. The Director shall:
1. Adopt regulations for the security of the Central Repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
2. Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to records of criminal history and information disseminated pursuant to [NRS 179A.180 to 179A.240, inclusive.] federal laws and regulations.
3. Provide for audits of informational systems by qualified public or private agencies, organizations or persons.
Sec. 8. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the Central Repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. [In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250.
κ2017 Statutes of Nevada, Page 2681 (CHAPTER 401, AB 76)κ
Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:
(a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;
(b) The name and address of the employers facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and
(c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.
5. In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.
6. Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.
7.] Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The Nevada Gaming Control Board.
(d) The State Board of Nursing.
(e) The Private Investigators Licensing Board to investigate an applicant for a license.
(f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
κ2017 Statutes of Nevada, Page 2682 (CHAPTER 401, AB 76)κ
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter [for the electronic or printed media] or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) An agency which provides child welfare services, as defined in NRS 432B.030.
(p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
(q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.
(s) The State Disaster Identification Team of the Division of Emergency Management of the Department.
(t) The Commissioner of Insurance.
(u) The Board of Medical Examiners.
(v) The State Board of Osteopathic Medicine.
(w) The Board of Massage Therapists and its Executive Director.
(x) The Board of Examiners for Social Workers.
(y) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.
(z) A county coroner or medical examiner, as needed to conduct an investigation of the death of a person.
[8.] 5. Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 9. NRS 179A.110 is hereby amended to read as follows:
179A.110 A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for which the record was requested. No person who receives information relating to records of criminal history pursuant to this chapter or who receives information pursuant to [NRS 179A.180 to 179A.240, inclusive,] federal laws or regulations may disseminate the information further without express authority of law or in accordance with a court order.
κ2017 Statutes of Nevada, Page 2683 (CHAPTER 401, AB 76)κ
accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in a professional capacity for communication to the public.
Sec. 10. NRS 179A.140 is hereby amended to read as follows:
179A.140 1. Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.
2. An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department.
3. The Central Repository shall not charge such a fee:
(a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding [6 months] 90 days in conjunction with the application by that person for professional licensure; or
(b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310.
4. The Director may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3.
5. All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.
Sec. 11. NRS 179A.150 is hereby amended to read as follows:
179A.150 1. The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he or she may be the subject of information relating to records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to that person. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than information contained in a record of criminal history.
2. Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to other records of criminal history by those persons who are the subjects thereof. The regulations must specify:
(a) The reasonable periods during which the records are available for inspection;
(b) The requirements for proper identification of the persons seeking access to the records; and
(c) The reasonable charges or fees, if any, for inspecting records.
3. Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.
4. The Director of the Department shall adopt regulations governing:
κ2017 Statutes of Nevada, Page 2684 (CHAPTER 401, AB 76)κ
(a) All challenges to the accuracy or sufficiency of information relating to records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;
(b) The correction of any information relating to records of criminal history found by the Director to be inaccurate, insufficient or incomplete in any material respect;
(c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and
(d) A time limit of not more than 90 days within which inaccurate or insufficient information relating to records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to [NRS 179A.210,] federal laws or regulations, to the address given by each person who requested the information when the request was made.
Sec. 12. NRS 179A.310 is hereby amended to read as follows:
179A.310 1. The Revolving Account to [Investigate] Process Requests for Information on the Background of Volunteers Who Work With Children is hereby created in the State General Fund.
2. The Director of the Department shall administer the Account . [to Investigate the Background of Volunteers Who Work With Children.] The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies [to determine whether] for information on the background of a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children . [has committed an offense listed in subsection 4 of NRS 179A.190.] The existence of the Account [to Investigate the Background of Volunteers Who Work With Children] does not create a right in any person to receive money from the Account.
3. The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account . [to Investigate the Background of Volunteers Who Work With Children.]
4. The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
5. The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:
(a) The procedure by which a person may apply for a grant of money from the Account ; [to Investigate the Background of Volunteers Who Work With Children;]
(b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and
(c) Procedures to distribute the money in the Account in a fair and equitable manner.
κ2017 Statutes of Nevada, Page 2685 (CHAPTER 401, AB 76)κ
6. The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:
(a) The fact that the nonprofit agency did not apply for a grant of money from the Account.
(b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, [determine whether] provide information on the background of a volunteer or prospective volunteer of the nonprofit agency . [has committed an offense listed in subsection 4 of NRS 179A.190.]
Sec. 13. NRS 179A.315 is hereby amended to read as follows:
179A.315 A state or local governmental agency:
1. May establish forms and procedures for a person to donate money to the Account to [Investigate] Process Requests for Information on the Background of Volunteers Who Work With Children while the person is transacting business with the State or local governmental agency; and
2. Shall deposit any money received for the Account [to Investigate the Background of Volunteers Who Work With Children] with the State Treasurer for credit to the Account.
Sec. 14. NRS 179A.450 is hereby amended to read as follows:
179A.450 1. The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.
2. The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:
(a) All incidents that are reported to [any entity.] state and local law enforcement agencies and the Aging and Disability Services Division of the Department of Health and Human Services.
(b) All cases that [are currently under investigation] were investigated and the type of such cases.
[(c) All cases that are referred for prosecution and the type of such cases.
(d) All cases in which prosecution is declined or dismissed and any reason for such action.
(e) All cases that are prosecuted and the final disposition of such cases.
(f) All cases that are resolved by agencies which provide protective services and the type of such cases.]
3. [The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of the abuse, neglect, exploitation, isolation or abandonment of older persons.
4.] On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons.
[5. The data acquired pursuant to this section is confidential and must be used only for the purpose of research.]
4. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation, isolation or abandonment of older persons.
κ2017 Statutes of Nevada, Page 2686 (CHAPTER 401, AB 76)κ
[6.] 5. As used in this section:
(a) Abandonment has the meaning ascribed to it in NRS 200.5092.
(b) Abuse has the meaning ascribed to it in NRS 200.5092.
(c) Exploitation has the meaning ascribed to it in NRS 200.5092.
(d) Isolation has the meaning ascribed to it in NRS 200.5092.
(e) Neglect has the meaning ascribed to it in NRS 200.5092.
(f) Older person means a person who is 60 years of age or older.
Sec. 15. NRS 179B.250 is hereby amended to read as follows:
179B.250 1. The Department shall establish and maintain within the Central Repository a community notification website to provide the public with access to certain information contained in the statewide registry in accordance with the procedures set forth in this section.
2. The community notification website is the source of record for information available to the public concerning offenders listed in the statewide registry, and must:
(a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;
(b) Include in its design all the search field capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920;
(c) Include, to the extent practicable, links to sex offender safety and education resources;
(d) Include instructions on how to seek correction of information that a person contends is erroneous; and
(e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.
3. For each inquiry to the community notification website, the requester may provide:
(a) The name of the subject of the search;
(b) Any alias of the subject of the search;
(c) The zip code of the residence, place of work or school of the subject of the search; or
(d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.
4. For each inquiry to the community notification website made by the requester, the Central Repository shall:
(a) Explain the levels of registration and community notification that are assigned to sex offenders pursuant to NRS 179D.010 to 179D.550, inclusive; and
(b) Explain that the Central Repository is prohibited by law from disclosing certain information concerning certain offenders, even if those offenders are listed in the statewide registry.
5. If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository shall disclose to the requester information in the statewide registry concerning the offender as provided pursuant to subsection 6.
κ2017 Statutes of Nevada, Page 2687 (CHAPTER 401, AB 76)κ
6. After each inquiry to the community notification website made by the requester, the Central Repository shall inform the requester that:
(a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;
(b) The search of the statewide registry has not produced information that is available to the public through the statewide registry; or
(c) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. Except as otherwise provided in subsection 7, if a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository shall provide the requester with the following information:
(1) The name of the offender and all aliases that the offender has used or under which the offender has been known.
(2) A complete physical description of the offender.
(3) A current photograph of the offender.
(4) The year of birth of the offender.
(5) The complete address of any residence at which the offender resides or will reside.
(6) The address of any location where the offender is or will be:
(I) A student, as defined in NRS 179D.110; or
(II) A worker, as defined in NRS 179D.120.
(7) The license plate number and a description of any motor vehicle owned or operated by the offender.
(8) The following information for each offense for which the offender has been convicted:
(I) The offense that was committed, including a citation to and the text of the specific statute that the offender violated.
(II) The court in which the offender was convicted.
(III) The name under which the offender was convicted.
(IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.
(V) The city, township or county where the offense was committed.
(9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.
(10) Any other information required by federal law.
7. If a search of the statewide registry results in a match pursuant to paragraph (c) of subsection 6, the Central Repository shall not provide the requester with:
(a) The identity of any victim of a sexual offense or crime against a child;
(b) Any information relating to a Tier I offender unless the offender has been convicted of a sexual offense against a child or a crime against a child;
(c) The social security number of the offender;
(d) The name of any location where the offender is or will be:
(1) A student, as defined in NRS 179D.110; or
(2) A worker, as defined in NRS 179D.120;
(e) Any reference to arrests of the offender that did not result in conviction;
κ2017 Statutes of Nevada, Page 2688 (CHAPTER 401, AB 76)κ
(f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6; or
(g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.
8. [A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.
9.] The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:
(a) Accessing information in the statewide registry pursuant to NRS 179B.200;
(b) Carrying out any duty pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another provision of law.
[10.] 9. As used in this section, Tier I offender has the meaning ascribed to it in NRS 179D.113.
Sec. 16. NRS 41.100 is hereby amended to read as follows:
41.100 1. Except as otherwise provided in this section , [and NRS 179A.230,] no cause of action is lost by reason of the death of any person, but may be maintained by or against the persons executor or administrator.
2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.
3. Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by the decedents executor or administrator include all losses or damages which the decedent incurred or sustained before the decedents death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by the decedents personal representatives for the decedents wrongful death.
4. The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorneys fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.
5. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists provision of an insurance policy.
Sec. 17. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.
κ2017 Statutes of Nevada, Page 2689 (CHAPTER 401, AB 76)κ
118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, [179A.450,] 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
κ2017 Statutes of Nevada, Page 2690 (CHAPTER 401, AB 76)κ
692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 18. NRS 391.033 is hereby amended to read as follows:
391.033 1. All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection [7] 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
κ2017 Statutes of Nevada, Page 2691 (CHAPTER 401, AB 76)κ
4. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
5. A license must be issued to, or renewed for, as applicable, an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:
(1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or
(2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and
(c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.
Sec. 19. NRS 391.035 is hereby amended to read as follows:
391.035 1. Except as otherwise provided in NRS 239.0115, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Departments file relating to the application, including:
(a) The applicants health records;
(b) The applicants fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History;
(c) Transcripts of the applicants records at colleges or other educational institutions;
(d) The applicants scores on the examinations administered pursuant to the regulations adopted by the Commission;
(e) Any correspondence concerning the application; and
(f) Any other personal information,
Κ are confidential.
2. It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection [7] 8 of NRS 179A.075 or the applicants written authorization.
3. The Department shall, upon request, make available the applicants file for inspection by the applicant during regular business hours.
Sec. 20. 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. 21. NRS 179A.105, 179A.180, 179A.190, 179A.200, 179A.210, 179A.220, 179A.230 and 179A.240 are hereby repealed.
Sec. 22. This act becomes effective on January 1, 2018.
________
κ2017 Statutes of Nevada, Page 2692κ
Assembly Bill No. 322Assemblymen Flores, Diaz; Brooks, Bustamante Adams, Jauregui and McCurdy II
CHAPTER 402
[Approved: June 5, 2017]
AN ACT relating to driver authorization cards; revising provisions governing the administration of driver authorization cards; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to adopt regulations prescribing the period for which a drivers license is valid. (NRS 483.380) Those regulations specify that a drivers license expires on the eighth anniversary or fourth anniversary of the birthday of the licensee, depending upon certain circumstances. (NAC 483.043) Under existing law a driver authorization card expires on the anniversary of its issuance or renewal. (NRS 483.291) Section 1 of this bill removes the annual expiration requirement for a driver authorization card, and requires instead that such a card expires on the fourth anniversary of the holders birthday, measured from the birthday nearest the date of issuance or renewal.
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 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;
(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;
κ2017 Statutes of Nevada, Page 2693 (CHAPTER 402, AB 322)κ
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 or Alaska Native 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) 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.
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;
κ2017 Statutes of Nevada, Page 2694 (CHAPTER 402, AB 322)κ
(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] :
(a) Expires on the fourth anniversary of the holders birthday, measured in the case of initial issuance or renewal from the birthday nearest the date of issuance or renewal.
(b) 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.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2695κ
Assembly Bill No. 379Assemblywoman Joiner
CHAPTER 403
[Approved: June 5, 2017]
AN ACT relating to local governments; authorizing, under certain circumstances, the governing body of a county or city to create a parks, trails and open space district; setting forth the duties and authority of the board of trustees of such a district; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill authorizes, under certain circumstances, the governing body of a county or city to create a parks, trails and open space district.
Sections 7-12 of this bill set forth the process for such a governing body to create such a district. Section 7 provides general authority for the creation of such a district. Section 8 provides that the creation of a district is initiated by: (1) a resolution adopted by the governing body; or (2) a petition to a governing body by an owner of property within the proposed boundaries of the district.
Section 8.3 of this bill requires the governing body of a county or city to create a service plan for a proposed district before creating the district. Section 8.4 of this bill requires the governing body to hold a public hearing to consider the service plan of the proposed district. Section 8.5 of this bill authorizes the governing body to approve the service plan, disapprove the service plan or conditionally approve the service plan. Section 8.6 of this bill sets forth certain circumstances where a governing body must disapprove the service plan of a proposed district. Section 8.7 of this bill requires an ordinance creating a district to incorporate the approved service plan. Section 8.7 also requires material modifications to the service plan to be made by the governing body in the same manner as the original approval of the service plan.
Section 9 provides that after the creation of a district is initiated and the service plan is approved, the relevant county or city clerk must mail written notice to all property owners within the proposed district. Section 10 authorizes any owner of property within the proposed district to protest the creation of the district. Section 11 sets forth certain circumstances where the creation of a district is prohibited.
Section 13 of this bill provides for the appointment of initial members of the board of trustees of a district. Sections 16 and 17 of this bill set forth how members of the board of trustees will be elected after the initial appointment of members.
Sections 19 and 20 of this bill prohibit members of the board of trustees of a district from being interested in the purchase or sale of property belonging to the district or entering into certain contracts.
Sections 25-29 of this bill set forth the various powers of a board in relation to parks, trails and open space.
Section 29.5 of this bill authorizes any local government within the boundaries of a district to contribute part of its revenue to support the facilities, improvements or projects of the district.
Section 30 of this bill authorizes a board, under certain circumstances, to establish fees or special assessments for facilities, improvements or projects of the district. Section 30.5 of this bill sets forth the procedure in certain counties to follow when a potential dwelling unit within the district is not being charged for the services provided by the district. Sections 34 and 35 of this bill authorize, under certain circumstances, a board to impose ad valorem taxes. Sections 30, 31 and 34-38 of this bill set forth the process for imposing and collecting any such fees, special assessments or ad valorem taxes.
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Sections 40-42 of this bill set forth the procedure for changing the boundaries of a district.
Sections 43-47 of this bill authorize a board, under certain circumstances, to issue bonds and borrow money.
Sections 32 and 49-51 of this bill set forth the requirements for the dissolution, merger or consolidation of a district.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Parks, trails and open spaces are essential to the health, quality of life and economic prosperity of the residents of this State; and
Whereas, Well-maintained parks, trails and open spaces stimulate economic growth and enhance the vitality of local and regional communities; and
Whereas, Protecting water quality and wildlife habitat and ensuring safety in parks, trails and open spaces encourage participation in healthy outdoor activities; and
Whereas, It is necessary to provide sustainable and reliable funding for the creation and maintenance of parks, trails and open spaces; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 53, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Parks, Trails and Open Space District Act.
Sec. 3. 1. It is hereby declared as a matter of legislative determination that:
(a) The organization of parks, trails and open space districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada;
(b) The acquisition, construction, reconstruction, restoration, improvement, maintenance and operation of any facility, improvement or project authorized in this chapter is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and
(c) Each district organized pursuant to the provisions of this chapter shall be a body corporate and politic and a quasi-municipal corporation. For the accomplishment of these purposes the provisions of this chapter shall be broadly construed.
2. It is hereby further declared that the provisions of this chapter are not intended to provide a method for financing the costs of developing private property.
3. It is hereby further declared as a matter of legislative determination that the notice provided for in this chapter for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interests.
Sec. 4. As used in this chapter, unless the context otherwise requires:
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1. Board of trustees and board alone each means the board of trustees of a district.
2. Clerk means:
(a) If a district is created or proposed to be created by a county, the county clerk.
(b) If a district is created or proposed to be created by a city, the city clerk.
3. Facility, improvement and project includes, without limitation, any structure, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including, without limitation, land, elements, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
4. Governing body means the governing body of a county or city that proposes to create or creates a district pursuant to this chapter.
5. Interested party includes, without limitation, a member of the public, an owner of property within a proposed district or a district, each county, city, town and special district with territory proposed to be located or located within the boundaries of a proposed district or district.
6. Mail means a single mailing first class or its equivalent, postage prepaid, by deposit in the United States mail, at least 15 days before the designated time or event.
7. Parks, trails and open space district and district each means any parks, trails and open space district organized or, in the case of organizational provisions, proposed to be organized pursuant to this chapter.
8. Special district means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS. The term does not include a local improvement district created pursuant to chapter 309 of NRS or a housing authority.
9. Trustee means a member of a board of trustees.
Sec. 5. For the purpose of computing any period of time prescribed in this chapter, the first day of the designated action or time must be excluded and the last day of the designated action or time must be included.
Sec. 6. 1. This chapter being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
2. This chapter, without reference to other statutes of the State, except as specifically provided in this chapter, shall constitute full authority for the authorization and issuance of bonds hereunder. No other law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by this chapter to be done shall be construed as applying to any proceedings taken under this chapter or acts done pursuant thereto, it being intended that this chapter shall provide a separate method of accomplishing its objectives, and not an exclusive one.
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separate method of accomplishing its objectives, and not an exclusive one. This chapter must not be construed as repealing, amending or changing any such other law.
Sec. 7. 1. Except as otherwise provided in this chapter, the governing body of any county or city within this State is hereby vested with jurisdiction, power and authority to create one or more districts within the county or city which it serves.
2. No member of a governing body shall be disqualified to perform any duty imposed by this chapter by reason of ownership of property within any proposed district.
Sec. 8. 1. The creation of a district may be initiated by:
(a) A resolution adopted by the governing body of any county or city; or
(b) Except as otherwise provided in subsection 2, a petition submitted by any owner of property proposed to be located in the district to the governing body of a county or city. A governing body that receives a petition pursuant to this paragraph is not required to create a district or take any action in relation to the petition.
2. If the proposed boundaries of a district include areas within more than one county or city and the creation of the district is initiated by petition pursuant to paragraph (b) of subsection 1, the petition must be submitted to the governing body of the county or city in which is located the largest proportion of the geographic area of the proposed district.
3. A resolution adopted pursuant to paragraph (a) of subsection 1 or a petition submitted pursuant to paragraph (b) of subsection 1 must set forth the proposed name, powers, purpose and boundaries of the district.
4. A district may be entirely within or entirely without, or partly within or partly without, one or more counties and cities and the district may consist of noncontiguous tracts or parcels of property.
Sec. 8.2. 1. The Legislature hereby determines and declares that the procedures contained in sections 8.3 to 8.7, inclusive, of this act are necessary for the coordinated and orderly creation of districts and for the logical extension of services for parks, trails and open space throughout the State.
2. It is the purpose of sections 8.3 to 8.7, inclusive, of this act to prevent unnecessary proliferation and fragmentation of services for parks, trails and open space, to encourage the extension of existing districts rather than the creation of new districts and to avoid excessive diffusion of local tax sources.
Sec. 8.3. 1. If a resolution is adopted pursuant to paragraph (a) of subsection 1 of section 8 of this act or if the governing body of a county or city considers the creation of a district after receiving a petition pursuant to paragraph (b) of subsection 1 of section 8 of this act, the governing body must create a service plan for the proposed district before the governing body may determine whether to create the district.
2. The service plan must:
(a) Consist of a financial survey and, if applicable, a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.
(b) Include a map of the boundaries of the proposed district and an estimate of the population and assessed valuation of the proposed district.
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(c) Describe the facilities, improvements or projects to be constructed, the standards of such construction, the services to be provided by the district, an estimate of costs, including, without limitation, the cost of acquiring land, engineering services, legal services, proposed indebtedness, including, without limitation, proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued and their type or character, annual operation and maintenance expenses and other major expenses related to the formation and operation of the district.
(d) Outline the details of any arrangement or proposed agreement with any county or city for the performance of any services between the proposed district and such county or city. The form of any such contract to be used, if available, must be attached to the service plan.
3. If the boundaries of a proposed district include territory within more than one county or city, the service plan must be filed with the governing body of each such county or city.
Sec. 8.4. 1. At any regular meeting of the governing body that is considering whether to create a district, the governing body must set a date for a public hearing where the governing body will consider the service plan for the proposed district. The date for the public hearing to consider such a service plan must be not later than 30 days after the date of the regular meeting.
2. The governing body that is considering whether to create a district must provide written notice of the date, time and location of the public hearing on the service plan to:
(a) The county clerk of each county in which the district is to be located;
(b) The governing body of each county or city that has territory within the boundaries of the proposed district;
(c) The governing body of any special district which has levied an ad valorem property tax within the next preceding tax year and has boundaries within a county in which the district is located; and
(d) If the district was initiated by a petition submitted pursuant to paragraph (b) of subsection 1 of section 8 of this act, the persons who submitted the petition.
3. The governing body that is considering whether to create a district must publish legal notice of the date, time, location and purpose of the public hearing on the service plan in a newspaper of general circulation within the county once each week for a period of 3 successive weeks by three publications, the first of which must be at least 20 days before the hearing date. Such publications shall constitute constructive notice to the residents and property owners within the proposed district.
4. If there is a county planning commission or a regional county planning commission, the service plan must be delivered to each such planning commission. Each such county planning commission or regional county planning commission must study the service plan and a representative thereof must present its recommendations to the governing body at the public hearing.
5. At the public hearing of the governing body to consider the service plan, all interested parties must be afforded an opportunity to be heard under such rules of procedure as may be established by the governing body. Any testimony or evidence which in the discretion of the governing body is relevant to the formation of the proposed district must be considered.
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Sec. 8.5. 1. Subject to the provisions of section 8.6 of this act, with reference to the review of any service plan for the proposed district, the governing body may:
(a) Approve the service plan without condition or modification;
(b) Disapprove the service plan for any of the reasons listed in section 8.6 of this act; or
(c) Conditionally approve the service plan subject to the submission of additional information relating to or modifying the plan.
2. Within 20 days after the completion of the public hearing, the governing body shall advise all interested parties in writing of its action on the service plan. If the service plan is approved as submitted, a resolution of approval must be issued. If the service plan is disapproved, the specific detailed reasons for such disapproval must be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan together with the reasons for such changes, modifications or additional information shall also be set forth in writing. Upon the incorporation of such changes, modifications or additional information in the service plan for the proposed district, the governing body must issue a resolution of approval.
Sec. 8.6. 1. A governing body shall not approve the service plan for a proposed district if:
(a) There is insufficient existing and projected need for service in the area to be serviced by the proposed district;
(b) The existing service in the area to be served by the proposed district is adequate for present and projected needs;
(c) Adequate service is, or will be, available to the area by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis;
(d) The proposed district is incapable of providing economic and sufficient service to the area within its proposed boundaries;
(e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis;
(f) The facility, improvement, project and service standards of the proposed district are incompatible with the facility, improvement, project and service standards of adjacent municipalities and special districts;
(g) The proposed district is being formed for the primary purpose of financing the cost of developing private property; or
(h) The governing body determines that the service plan for the proposed district is not in the public interest.
2. If the governing body requests changes or additional information, final approval of the service plan must be contingent upon modification of the service plan to include such changes or additional information.
3. The determinations and findings of the governing body must be based solely upon the service plan and evidence presented at the hearing held pursuant to section 8.4 of this act.
Sec. 8.7. 1. The creation of a district must not be approved before the resolution of approval of the service plan. The approved service plan and the resolution of approval must be incorporated by reference in the ordinance creating the district after there has been a compliance with all other legal procedures for the formation of the proposed district.
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2. If the service plan is approved, any interested party is entitled to appear and be heard at the hearing of the governing body held to consider the creation of the district pursuant to section 10 of this act.
3. Upon final approval by a governing body for the formation of the district, the facilities, improvements, projects, services and financial arrangements of the district must conform to the approved service plan.
4. After the organization of a district pursuant to the provisions of this chapter material modifications of the service plan as originally approved may be made by the board of trustees of the district only by petition to and approval by the governing body that formed the district in substantially the same manner as is provided for the approval of an original service plan. Such modifications are required only with regard to changes of a basic or essential nature and are not required for changes of a mechanical type necessary only for the execution of the original service plan.
5. Any unreasonable departure from the service plan as originally approved, or, if the same has been modified, then from the service plan as modified, may be enjoined at any time by a district court upon motion of the governing body or any interested party.
Sec. 9. After the service plan for a proposed district is approved pursuant to sections 8.2 to 8.7, inclusive, of this act, and before taking final action to create the district, the governing body shall cause the clerk to mail written notice to all property owners within the proposed area of the district informing the property owners of the proposed creation of a district. The notice must set forth the proposed name, powers, purpose and boundaries of the district and the time and place of the hearing that will be held by the governing body to determine whether to create the district and where the person may protest its creation.
Sec. 10. 1. Any person who owns property which is located within the proposed area of the district may, on or before the date of the hearing, submit a written protest to the creation of the district.
2. The governing body shall give full consideration to all protests which have been submitted and hear all persons desiring to be heard and, thereafter, adopt an ordinance creating the district or determining that the district must not be created.
3. Except as otherwise provided in section 11 of this act, at the hearing to consider the creation of the district or at a subsequent hearing to which the hearing is adjourned, the governing body may create the district by ordinance if the governing body makes findings that the creation of the district is economically sound and feasible.
4. Any ordinance creating a district may:
(a) Contain changes to the proposed name, powers, purpose or boundaries of the district as may be considered by the governing body to be equitable and necessary.
(b) Require that the creation of the district is only effective upon approval by a majority of voters who live within the boundaries of the district at the next general election.
Sec. 11. A governing body shall not create a district pursuant to the provisions of this chapter:
1. If a service plan for the district has not been approved pursuant to sections 8.2 to 8.7, inclusive, of this act.
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2. If, at or before the hearing held pursuant to section 10 of this act, a majority of property owners within the proposed area of the district submit written protests to the creation of the district pursuant to that section.
3. If the proposed boundaries of the district include areas within more than one county or city and the governing bodies of all such counties and cities have not entered into an interlocal agreement that includes, without limitation, the consent of each governing body to the creation of the district. Such an interlocal agreement may include any provision relating to the district, including, without limitation, provisions related to the:
(a) Formation, operation or funding of the district; or
(b) Selection and membership of the board of trustees of the district.
4. If the proposed boundaries of a district overlap with the boundaries of one or more general improvement districts created pursuant to chapter 318 of NRS and the board of trustees of each such general improvement district has not by resolution consented to the creation of the district.
5. If the governing body determines that the creation of the district is not in the public interest.
Sec. 12. 1. Except as otherwise provided in subsection 2, the adoption of an ordinance creating a district establishes the regular organization of the district, which is a governmental subdivision of this State, a body corporate and politic and a quasi-municipal corporation.
2. Within 30 days immediately following the effective date of such ordinance any person who has filed a written protest, as provided in section 10 of this act, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination. Thereafter all actions or suits attacking the regularity, validity and correctness of that ordinance and all proceedings, determinations and instruments taken, adopted or made before such ordinance's final passage, shall be perpetually barred.
3. Within 30 days immediately following the effective date of the ordinance creating the district, the governing body shall cause to be filed a copy of the ordinance in the office of the clerk and shall cause to be filed an additional copy of the ordinance in the Office of the Secretary of State, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 13. 1. Except as otherwise may be provided in an interlocal agreement entered into pursuant to section 11 of this act, after adopting an ordinance creating a district, the governing body must establish:
(a) Accounting practices and procedures for the district;
(b) Auditing practices and procedures to be used by the district;
(c) A budget for the district; and
(d) Management standards for the district.
2. After the duties required by subsection 1 have been performed, the first board of trustees of the district, consisting of 5 members, must be appointed. Except as otherwise provided in this subsection, each governing body of a county or city with territory included within the district that has entered into an interlocal agreement pursuant to section 11 of this act must each appoint one member to the first board of trustees. If:
(a) More than five counties or cities have territory within the district, the interlocal agreement entered into pursuant to section 11 of this act must determine which governing bodies may appoint the five members of the first board of trustees of the district.
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must determine which governing bodies may appoint the five members of the first board of trustees of the district.
(b) Less than five counties or cities have territory within the district, the governing body of each county or city must appoint one member and the remaining members of the first board of trustees must be appointed as determined pursuant to the terms of the interlocal agreement entered into pursuant to section 11 of this act.
3. The members of the first board of trustees must be qualified electors of the district. The trustees must determine by lot which three trustees serve 4 year terms and which two trustees serve 2 year terms.
4. The governing body may remove any member of the first board of trustees for cause shown unless an interlocal agreement entered into pursuant to section 11 of this act otherwise prohibits such removal.
5. All members of the board of trustees must file with the clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the governing body, conditioned for the faithful performance of their duties as trustees. The governing body may from time to time, upon good cause shown, increase or decrease the amount of the bond.
Sec. 14. 1. The board shall choose one of its members as chair of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep a record of all of the boards proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees and all corporate acts. Except as otherwise provided in NRS 241.035, the records must be open to inspection of all owners of real property in the district as well as to all other interested persons. A copy of the minutes or audio recordings, if any, must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. The treasurer shall file with the clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the governing body, conditioned for the faithful performance of the duties of his or her office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The governing body may, upon good cause shown, increase or decrease the amount of that bond.
5. Except as otherwise provided in this subsection, each member of a board of trustees of a district organized pursuant to this chapter may receive as compensation for his or her service not more than $6,000 per year. The compensation of the members of a board is payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his or her service to the district as an employee or otherwise. Each member of the board must receive the same amount of compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in section 16 of this act.
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become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in section 16 of this act.
Sec. 15. 1. The board shall, by resolution, designate the place where the office or principal place of the district is to be located, which must be within the corporate limits of the district and which may be changed by resolution of the board. Copies of all those resolutions must be filed with the clerk within 5 days after their adoption. The official records and files of the district must be kept at that office and must be open to public inspection as provided in NRS 239.010.
2. The board of trustees shall meet regularly at least once each year, and at such other times at the office or principal place of the district as provided in the bylaws.
3. Special meetings may be held on notice to each member of the board as often as, and at such places within the district as, the needs of the district require.
4. Three members of the board constitute a quorum at any meeting.
5. Unless an interlocal agreement entered into pursuant to section 11 of this act provides otherwise, a vacancy on the board must be filled by a qualified elector of the district chosen by the remaining members of the board.
Sec. 16. 1. Except as otherwise provided in this section, the general election for trustees of the district must be conducted by the county clerk and held simultaneously with the general election of the county in which the district is located.
2. If a district is located:
(a) In more than one county, the general election for trustees of the district must be conducted by the county clerk of the county in which is located the largest proportion of the geographic area of the district simultaneously with the general election of that county.
(b) Wholly within the boundaries of a city, the general election for trustees of the district must be conducted by the city clerk and held simultaneously with the general city election of the city.
3. The first biennial election of the district must be held simultaneously with the first general election described in subsection 1 that is held after the creation of the district.
4. At the first biennial election, there must be elected by the qualified electors of the district three qualified electors to serve as trustees of the board. At the second biennial election, there must be elected by the qualified electors of the district two qualified electors.
5. The term of office of an elected trustees is 4 years and begins on the first Monday in January next following the biennial election.
6. The office of trustee is a nonpartisan office.
7. The general election laws of this State govern the candidacy, nominations and election of a trustee of the board.
8. The provisions of this section that require the election of the board of trustees do not apply if an interlocal agreement entered into pursuant to section 11 of this act provides another method for the selection of the board of trustees.
Sec. 17. 1. Except as otherwise provided in subsection 2:
(a) If there are two regular terms which end on the first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected.
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receiving the highest and next highest number of votes must be elected. If there are three regular terms so ending, the three qualified electors receiving the highest, next highest and third highest number of votes must be elected.
(b) If there is a vacancy in an unexpired regular term to be filled at the biennial election, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in paragraph (a), must be elected.
2. The provisions of subsection 1 do not apply if an interlocal agreement entered into pursuant to section 11 of this act provides another method for the selection of the board of trustees.
Sec. 18. Members of the board of trustees are subject to recall from office pursuant to the provisions of the Constitution and statutes of this State.
Sec. 19. 1. No trustee may be interested, directly or indirectly, in any property purchased for the use of the district, or in any purchase or sale of property belonging to the district.
2. Any contract made in violation of the provisions of subsection 1 may be declared void.
3. A trustee who violates the provisions of subsection 1 is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.
Sec. 20. 1. Except as otherwise provided in subsection 2, no trustee may:
(a) Become a contractor under any contract or order for supplies or any other kind of contract authorized by the board, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
(b) Be interested in any contract made by the board or to be a purchaser or to be interested in any purchase or sale made by the board.
2. The board may purchase supplies or contract for services for the district from one of its members, when not to do so would be a great inconvenience, but the member from whom the supplies are to be bought or with whom the contract for services is to be made shall not vote upon the allowance of the purchase or contract. If the purchase is made or contract let by competitive bidding, the bid of a member of the board may be accepted only if the member is the lowest responsible bidder.
3. Any contract made in violation of the provisions of subsection 1 may be declared void.
4. A trustee who violates the provisions of subsection 1, directly or indirectly, is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.
Sec. 21. 1. A board may request, in writing, assistance from any elected or appointed officer of any county or city in which all or a part of the district is located.
2. The officer shall furnish the requested assistance, after an agreement has been reached concerning the amount of money which the board must pay for the assistance. The cost shall not be more than the actual additional expense necessitated by the request.
Sec. 22. A board has each of the basic powers enumerated in this chapter and designated in the organizational proceedings of the district and other provisions supplemental thereto in this chapter, or otherwise authorized by law.
κ2017 Statutes of Nevada, Page 2706 (CHAPTER 403, AB 379)κ
Sec. 23. 1. In any region of this State for which there has been established by interstate compact a regional planning agency, the powers of any district created pursuant to this chapter with respect to the location and construction of all facilities, improvements or projects are subordinate to the powers of such regional planning agency.
2. If the boundaries of a district overlap with the boundaries of a conservation district formed pursuant to chapter 548 of NRS, the board of the district must coordinate and consult with the board of supervisors of the conservation district on matters that may impact the conservation district.
Sec. 24. 1. Subject to the limitations of this chapter, the board shall have perpetual existence.
2. The board shall have the power to have and use a corporate seal.
3. The board shall have the power to sue and be sued, and be a party to suits, actions and proceedings.
Sec. 25. 1. Subject to the provisions of subsection 2, a board may:
(a) Acquire, construct, reconstruct, improve, operate, maintain, manage, restore, extend and better lands, works, systems and facilities, improvements and projects for parks, trails and open space.
(b) Design, compile or administer environmental or cultural reports related to parks, trails and open space.
(c) Take measures to reduce wildfire, restore native vegetation and conserve and manage natural resources.
(d) Establish or fund the establishment of educational programs related to recreation at facilities, improvements and projects for parks, trails and open space, including, without limitation, granting funding for personnel who provide such educational programs.
(e) Enter into an agreement with a federal or state agency or a nonprofit corporation to take one or more of the actions described in paragraph (a), (b), (c) or (d).
(f) Establish a fund consisting of contributions from private sources, the State or the county and cities in which the district is located for the purpose of matching federal money from any federal source.
(g) Accept gifts, grants and donations for deposit in any fund established pursuant to paragraph (f).
2. Such parks, trails and open space facilities, improvements and projects may include, without limitation, playgrounds, bowling greens, ball parks, public parks, promenades, beaches, marinas, levees, piers, docks, wharves, boat basins, boathouses, harborages, anchorages, gymnasiums, appurtenant shower, locker and other bathhouse facilities, concert halls, theaters, auditoriums, aviaries, aquariums, zoological gardens, biological gardens, vivariums, watersheds, trails, open spaces, lakes, ponds and rivers.
Sec. 26. 1. A board may operate, maintain and repair the facilities, improvements and projects acquired by the district.
2. The board shall have the power to acquire, dispose of and encumber real and personal property, and any interest therein, including leases, easements and revenues derived from the operation thereof.
Sec. 27. A board may:
1. Manage, control and supervise all the business and affairs of the district.
2. Acquire, improve, equip, operate and maintain any district project.
κ2017 Statutes of Nevada, Page 2707 (CHAPTER 403, AB 379)κ
3. Hire and retain agents, employees, servants, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of this chapter.
4. Adopt and amend bylaws:
(a) For carrying on the business, objects and affairs of the board and of the district.
(b) Regulating the use or right of use of any facility, improvement or project.
5. Exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter.
Sec. 28. (Deleted by amendment.)
Sec. 29. 1. With the approval of the appropriate state or local agency, a board may construct and maintain works and establish and maintain facilities, improvements or projects across or along any public street or highway, and in, upon or over any vacant public lands, which public lands are, or may become, the property of this State, and to construct works and establish and maintain facilities, improvements or projects across any stream of water or watercourse.
2. The board shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof.
Sec. 29.5. Any local government located within the boundaries of a district may contribute any part of its revenues for the support of the facilities, improvements or projects of the district.
Sec. 30. 1. A board may, after a public hearing, establish, and from time to time increase or decrease, fees or special assessments for facilities, improvements or projects and pledge the revenue for the payment of any indebtedness or special obligations of the district. A board may not impose any fee or special assessment upon property owned by a governmental entity.
2. All fees or special assessments constitute a perpetual lien on and against the property located within the district. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and other special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and other special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of this State for the foreclosure of mechanics liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each months charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not more than 1.5 percent per month for nonpayment of the charges and basic penalty. The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent. The board may provide for collection of the penalties provided for in this section.
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4. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll of the county in which the property is located;
(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;
(c) Recorded by the county recorder in a book kept by the county recorder for the purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 30.5. 1. If an employee of a district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a district in a county whose population is less than 700,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his or her belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.
2. If a board of trustees receives an affidavit described in subsection 1, the board may set a date for a hearing to determine whether the unit referenced in the affidavit is being used as a dwelling unit. At least 30 days before the date of such a hearing, the board shall send a notice by certified mail, return receipt requested, to the owner of the property where the unit referenced in the affidavit is located at the address listed in the real property assessment roll in the county in which the property is located. The notice must specify the purpose, date, time and location of the hearing.
3. Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to section 30 of this act for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.
4. As used in this section:
(a) Dwelling unit means a structure that is designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen. The term does not include a hotel or a motel.
(b) Kitchen means a room, all or part of which is designed or used for storage, refrigeration, cooking and preparation of food.
(c) Owner means a person to whom the parcel of real property upon which the unit referenced in an affidavit submitted pursuant to subsection 1 is located is assessed in the most recent assessment roll available.
Sec. 31. 1. Any board which has adopted fees or special assessments pursuant to this chapter may, by resolution or by separate resolutions, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the countys general taxes. In such event, it shall cause a written report to be prepared and filed with the secretary, which shall contain a description of each parcel of real property in the district and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the resolution.
κ2017 Statutes of Nevada, Page 2709 (CHAPTER 403, AB 379)κ
and filed with the secretary, which shall contain a description of each parcel of real property in the district and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the resolution.
2. The powers authorized by this section are alternative to all other powers of the district, and alternative to other procedures adopted by the board for the collection of such charges.
3. The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by the county assessor, or by reference to plats or maps on file in the office of the secretary.
4. The board may make the election specified in subsection 1 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.
5. The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published once a week for 2 weeks prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one and if not then in such paper printed and published in a county within which the district is located.
6. Before the board may have such charges collected on the tax roll, the secretary shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary. If the board adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed does not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as provided in this section is adequate.
7. At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report must not be adopted and the charges must be collected separately from the tax roll and must not constitute a lien against any parcel or parcels of land.
8. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination is final.
9. After the hearing, when the board has made a final decision on a fee or special assessment to be collected on the county tax roll, not later than June 1, the secretary shall prepare and file a final report, which shall contain a description of each parcel in the district and the amount of the charge, with the county assessor for inclusion on the assessment roll. If a report is filed after the closing of the assessment roll but before the extension of the tax roll, the auditor shall insert the charges in such extension.
κ2017 Statutes of Nevada, Page 2710 (CHAPTER 403, AB 379)κ
10. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.
11. The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county. The charges shall become delinquent at the same time as such taxes and are subject to the same delinquency penalties.
12. All laws applicable to the levy, collection and enforcement of general taxes of the county, including, without limitation, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to such charges.
13. The county treasurer may issue separate bills for such charges and separate receipts for collection on account of such charges.
14. At the request of a county treasurer or county assessor, the board must pay the county treasurer or county assessor for the cost of services provided to the district by the county treasurer or county assessor, as applicable. The cost shall not be more than the actual additional expense to the county treasurer or county assessor, as applicable, for performing such services.
Sec. 32. 1. When a district is contained wholly within a city, the board may convey to such city, at the discretion of the district and with the consent of the governing body of the city, all of the property of the district upon the condition that such city:
(a) Will operate and maintain such property; and
(b) Assumes all of the indebtedness of such district upon such conditions as the governing body of the city and the board of the district may agree.
2. Upon such conveyance and assumption of indebtedness, the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the Secretary of State and clerk of the county or city in which the ordinance creating the district was filed.
Sec. 33. 1. Any county, city, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any facility, improvement or project, or any part thereof, or any interest in real or personal property or any money available for the construction, improvement, maintenance or operation of any facility, improvement or project.
2. Any county, city or special district may transfer, assign and set over to any district any contracts which may have been awarded by the county, city or special district for the construction of facilities, improvements or projects not begun or completed.
Sec. 34. 1. Except as otherwise provided in this section, in addition to the other means for providing revenue for the district, a board may levy and collect ad valorem taxes on and against all taxable property within the district.
2. A board shall not levy or collect ad valorem taxes on and against any taxable property within the district unless the board has entered into an interlocal agreement with each county in which the district is located.
κ2017 Statutes of Nevada, Page 2711 (CHAPTER 403, AB 379)κ
Any such interlocal agreement must include, without limitation, the consent of each board of county commissioners of a county where the district is located for the board of trustees to levy and collect ad valorem taxes on and against all taxable property within the district.
3. The provisions of this section do not authorize a board of trustees to levy and collect ad valorem taxes on property owned by a governmental entity.
Sec. 35. 1. To levy and collect ad valorem taxes pursuant to section 34 of this act, a board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply money for paying:
(a) The expenses of organization and the costs of operating and maintaining the facilities, improvements and projects of the district; and
(b) The costs of facilities, improvements and projects of the district and, when due, all interest on and principal of general obligation bonds and other general obligations of the district.
Κ In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 36 of this act. The board shall identify separately the rate of tax which is levied pursuant to paragraph (a) and the rate which is levied pursuant to paragraph (b) and shall make such information available to the public upon request. The board shall not continue to levy a rate of tax pursuant to paragraph (b) after the cost to the district of acquiring the particular facility, improvement or project for which the rate was levied has been recovered in full.
2. The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 36. 1. A board, in certifying annual levies, must take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and make ample provision for the payment thereof.
2. If the money produced from such levies, together with other revenues of the district, is not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and such taxes must be made and continue to be levied until the general obligation indebtedness of the district is fully paid but must not continue after that date.
Sec. 37. 1. The body having authority to levy taxes within each county shall levy the taxes provided in this chapter.
2. All officials charged with the duty of collecting taxes shall collect such taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the district ordering its levy and collection.
κ2017 Statutes of Nevada, Page 2712 (CHAPTER 403, AB 379)κ
pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.
3. All taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall constitute, until paid, a perpetual lien on and against the property taxed; and such lien shall be on a parity with the tax lien of other general taxes.
Sec. 38. If the taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the district according to the provisions of the laws applicable to tax sales and redemptions.
Sec. 39. Subject to the provisions of subsection 2 of section 34 of this act, whenever any indebtedness or other obligations have been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
Sec. 40. 1. The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 41 and 42 of this act, but the change of boundaries of the district must not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had such change of boundaries not been made.
2. Property included within or annexed to a district shall be subject to the payment of taxes, assessments and charges, as provided in section 42 of this act. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, and shall be subject to any outstanding special assessment lien thereon. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.
Sec. 41. 1. A fee owner of real property located in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district may file with the board a petition requesting that such lands be excluded from the district.
2. Petitions must:
(a) Describe the property which the petitioners desire to have excluded.
(b) State that the property is not capable of being served with facilities, improvements or projects of the district, or would not be benefited by remaining in the district.
(c) Be acknowledged in the same manner and form as required in case of a conveyance of land.
(d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.
3. The secretary of the board shall cause a notice of filing of such petition to be published, which notice must:
(a) State the filing of such petition.
(b) State the names of the petitioners.
(c) Describe the property mentioned in the petition.
κ2017 Statutes of Nevada, Page 2713 (CHAPTER 403, AB 379)κ
(d) State the request of the petitioners.
(e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.
4. The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the request of the petition should not be granted.
5. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.
6. The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, must order that the petition be denied in whole or in part, as the case may be.
7. If the board deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof be excluded from the district, the board must order that the petition be granted in whole or in part, as the case may be.
8. There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.
9. Upon allowance of such petition, the board shall file for record a certified copy of its resolution making such change, as provided in section 12 of this act.
Sec. 42. The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:
1. The fee owner or owners of any real property capable of being served with facilities, improvements or projects of the district may file with the board a petition in writing requesting that such property be included in the district.
2. The petition must:
(a) Set forth an accurate legal description of the property owned by the petitioners.
(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.
(c) Be acknowledged in the same manner required for a conveyance of land.
3. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.
4. The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board is final and conclusive. If the petition is granted as to all or any of the real property therein described, the board must make an order to that effect, and file it for record as provided in section 12 of this act.
5. If the costs of extending the facilities, improvements or projects of the district are paid by the property owners of the area to be included within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities, improvements or projects which were extended.
κ2017 Statutes of Nevada, Page 2714 (CHAPTER 403, AB 379)κ
within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities, improvements or projects which were extended.
6. The board of trustees of the district shall pay to the property owners pro rata shares of the money charged and collected.
7. After the date of its inclusion in such district, such property is subject to all of the taxes and charges imposed by the district, and is liable for its proportionate share of existing general obligation bonded indebtedness of the district but it is not liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district. Such charges shall be computed in such a manner as not to place a new charge against the district members nor penalize the area annexed.
Sec. 43. 1. Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:
(a) Short-term notes, warrants and interim debentures.
(b) General obligation bonds.
(c) Revenue bonds.
(d) Special assessment bonds.
2. The board of trustees of a district whose population within its boundaries is less than 5,000, shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the debt management commission of the county in which the district is located.
3. The board of trustees of a district whose population within its boundaries is less than 5,000, shall not forward a resolution authorizing medium-term obligations to the Executive Director of the Department of Taxation unless such financing is approved by the debt management commission pursuant to subsection 2.
Sec. 44. A district may borrow money and incur or assume indebtedness therefor, as provided in this chapter, so long as the total of all such indebtedness, excluding revenue bonds, special assessment bonds and other securities constituting special obligations which are not debts, does not exceed an amount equal to 50 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, situated within such district.
Sec. 45. 1. A district, upon the affirmative vote of four trustees, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, excluding special assessments, and to issue short-term notes, warrants and interim debentures to evidence the amount so borrowed.
2. Such short-term notes, warrants and interim debentures:
(a) Shall be payable from the fund for which the money was borrowed.
(b) Shall mature before the close of the fiscal year in which the money is so borrowed, except for interim debentures.
(c) Shall not be extended or funded except in compliance with the Local Government Securities Law.
κ2017 Statutes of Nevada, Page 2715 (CHAPTER 403, AB 379)κ
Sec. 46. A district with revenues from the operation of facilities, improvements or projects of the district may issue bonds without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this chapter, for the purpose of acquiring or improving the facilities, improvements or projects and such bonds must be made payable solely out of the net revenues derived from the operation of such facilities, improvements or projects. A single bond issue may be had for more than one of such facilities, improvements or projects and the revenues for any and all of the income-producing facilities, improvements and projects may be pledged to pay for any other such facilities, improvements or projects. To that end, a single fund may be established and maintained.
Sec. 47. 1. Subject to the limitations and other provisions in this chapter, a board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 2:
(a) General obligation bonds and other general obligation securities payable from ad valorem taxes;
(b) General obligation bonds and other general obligation securities payable from ad valorem taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any ad valorem taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. General obligation or revenue bonds may be sold at a discount only if the amount of discount permitted by the board has been capitalized as a cost of the project.
Sec. 48. 1. Except as otherwise provided in subsection 2, such part of the expenses of making any public improvement, as the board determines by an affirmative vote of at least two-thirds of its members, may be defrayed by special assessments upon lands and premises located within the district and abutting upon that part of the street or alley so improved or proposed so to be, or the lands located within the district and abutting upon the improvement and the other lands as in the opinion of the board may be specially benefited by the improvement.
2. All property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.
Sec. 49. 1. Except as otherwise provided in section 32 of this act, the dissolution, merger or consolidation of a district may be initiated by resolution of a majority of the members of the governing body that created the district upon a finding that the dissolution, merger or consolidation is in the best interests of the district. Upon adoption of the resolution, the governing body must mail written notice to all property owners within the district setting forth the time and place for the hearing on the proposed dissolution, merger or consolidation.
2. Any person who owns property which is located within the district may, on or before the date of the hearing, protest against the dissolution of such district, in writing.
κ2017 Statutes of Nevada, Page 2716 (CHAPTER 403, AB 379)κ
3. If, at or before the hearing, written protest is filed signed by a majority of the owners of property within the district, the district may not be dissolved, merged or consolidated.
Sec. 50. 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the governing body must give full consideration to all protests which may have been filed, hear all persons desiring to be heard and, except as otherwise provided in subsection 2, thereafter approve the dissolution, merger or consolidation or make a determination that district may not be dissolved, merged or consolidated.
2. Before a district that includes areas within more than one county or city may be dissolved, merged or consolidated, the governing bodies of the counties and cities must approve the dissolution, merger or consolidation and negotiate the distribution of property and funds of the district upon dissolution, merger or consolidation.
3. Within 30 days after the effective date of the dissolution, merger or consolidation of a district, the clerk must file a copy of the action of the governing body in the clerks office and the Office of the Secretary of State, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 51. If a district located wholly within a county or city is dissolved or merged into or consolidated with another district, all property and all funds remaining in the treasury of any district must be:
1. Surrendered and transferred to the governing body of the county or city in which the district exists and become a part of the general fund of the county or city, as applicable, if the district is dissolved;
2. Transferred to the district which assumes its obligations and functions, if the district is merged; or
3. Transferred to the consolidated district, if the district is consolidated.
Sec. 52. 1. If, at the time of the dissolution, merger or consolidation of a district there are any outstanding loans or bonded indebtedness of the district, the taxes, fees or special assessments for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the district had not been dissolved, merged or consolidated until all outstanding indebtedness is repaid.
2. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district are valid and remain a lien against the property against which they are assessed or levied until paid, subject to the limitations of liens provided by general law. Taxes and special assessments paid after dissolution must be placed in the general fund of the county in which the property was assessed.
3. The governing body of the county or city, as applicable, has the same power to enforce the collection of all special assessments and outstanding tax sales of the district as the district had if it had not been dissolved, merged or consolidated.
Sec. 53. 1. Upon notification by the Department of Taxation or upon receipt of a petition signed by 20 percent of the qualified electors of the district, that:
(a) A district is not being properly managed by the board of trustees; or
κ2017 Statutes of Nevada, Page 2717 (CHAPTER 403, AB 379)κ
(b) The board of trustees is not complying with the provisions of this chapter or with any other law,
Κ the governing body that created the district must hold a hearing to consider the notification or petition.
2. The clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of the notification or petition and the time and place of the hearing.
3. At the place, date and hour specified for the hearing, or at any subsequent time to which the hearing may be adjourned, the governing body must give full consideration to all persons desiring to be heard and shall thereafter:
(a) Adopt an ordinance constituting the governing body, ex officio, as the board of trustees of the district;
(b) Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to sections 49 to 52, inclusive, of this act;
(c) File a petition in the district court for the county in which the district is located for the appointment of a receiver for the district; or
(d) Determine by resolution that management and organization of the district will remain unchanged.
4. The Department of Taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph (a) of subsection 3 or resolution adopted under paragraph (d) of subsection 3, commence an action in any court of competent jurisdiction to set aside the ordinance or resolution. After the expiration of 30 days, all actions attacking the regularity, validity and correctness of that ordinance or resolution are barred.
Sec. 54. NRS 308.020 is hereby amended to read as follows:
308.020 1. The Special District Control Law applies to:
(a) Any special district whose formation is initiated by a board of county commissioners; and
(b) Any petition for the formation of any proposed special district filed with any board of county commissioners.
2. As used in this chapter special district means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in title 25 of NRS, but excludes:
(a) All local improvement districts created pursuant to chapter 309 of NRS; [and]
(b) All parks, trails and open space districts created pursuant to sections 2 to 53, inclusive, of this act; and
(c) All housing authorities.
Sec. 55. NRS 318.0954 is hereby amended to read as follows:
318.0954 1. The governing body of any district organized or reorganized under and operating as provided in any chapter in title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, and sections 2 to 53, inclusive, of this act, must be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.
κ2017 Statutes of Nevada, Page 2718 (CHAPTER 403, AB 379)κ
board consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.
2. No existing member of any such governing body may be required to resign from the board before the termination of his or her current term of office in the absence of any disqualification as a member of the governing body under such chapter in title 25 of NRS, excluding chapters 309, 315 and 318 of NRS [.] and sections 2 to 53, inclusive, of this act. If a regular term of office of any member of any such governing body would terminate on other than the first Monday of January next following a biennial election in the absence of the adoption of this law, the term must be extended to and terminate on the first Monday in January next following a biennial election and following the date on which the term would have ended.
3. If the members of any such governing body at any time number less than five, the number of trustees must be increased to five by appointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and 318.0951.
4. In no event may any successor trustee be elected or appointed to fill any purported vacancy in any unexpired term or in any regular term which successor will increase the trustees on a board to a number exceeding five nor which will result in less than two regular terms of office or more than three regular terms of office ending on the first Monday in January next following any biennial election.
5. Nothing in this section:
(a) Prevents the reorganization of a board by division of the district into district trustee election districts pursuant to NRS 318.0952.
(b) Supersedes the provisions of NRS 318.0953 or 318.09533.
Sec. 56. NRS 332.015 is hereby amended to read as follows:
332.015 1. For the purpose of this chapter, unless the context otherwise requires, local government means:
(a) Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 474, 539, 541, 543 and 555 of NRS [.] and sections 2 to 53, inclusive, of this act.
(b) The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.
(c) County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.
(d) District boards of health created pursuant to the provisions of NRS 439.362 or 439.370.
2. The term does not include the Nevada Rural Housing Authority.
Sec. 57. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
2. Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
3. Contractor means:
κ2017 Statutes of Nevada, Page 2719 (CHAPTER 403, AB 379)κ
(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.
(b) A design-build team.
4. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
5. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
6. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.
7. Design professional means:
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
8. Division means the State Public Works Division of the Department of Administration.
9. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.
10. General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
κ2017 Statutes of Nevada, Page 2720 (CHAPTER 403, AB 379)κ
11. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
12. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.
13. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 5 or 6 of NRS 338.070.
14. Prime contractor means a contractor who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his or her own workforce to perform all or a part of the public work; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
Κ The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.
15. Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
16. Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:
(a) Public buildings;
(b) Jails and prisons;
(c) Public roads;
(d) Public highways;
(e) Public streets and alleys;
(f) Public utilities;
(g) Publicly owned water mains and sewers;
(h) Public parks and playgrounds;
(i) Public convention facilities which are financed at least in part with public money; and
(j) All other publicly owned works and property.
17. Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
κ2017 Statutes of Nevada, Page 2721 (CHAPTER 403, AB 379)κ
18. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
Κ that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
19. Subcontract means a written contract entered into between:
(a) A contractor and a subcontractor or supplier; or
(b) A subcontractor and another subcontractor or supplier,
Κ for the provision of labor, materials, equipment or supplies for a construction project.
20. Subcontractor means a person who:
(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and
(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.
21. Supplier means a person who provides materials, equipment or supplies for a construction project.
22. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.
23. Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.
Sec. 58. NRS 350.115 is hereby amended to read as follows:
350.115 Bond means any evidence of borrowing by a municipality that is issued pursuant to the provisions of this chapter or chapter 244, 244A, 268, 269, 271, 318 or 387 of NRS, and sections 2 to 53, inclusive, of this act, whether general or special obligations, including, without limitation, bonds, notes, debentures, warrants and certificates.
Sec. 59. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive:
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and sections 2 to 53, inclusive, of this act, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
κ2017 Statutes of Nevada, Page 2722 (CHAPTER 403, AB 379)κ
(b) Local government includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118. The term does not include the Nevada Rural Housing Authority for any other purpose.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.
Sec. 60. NRS 354.760 is hereby amended to read as follows:
354.760 1. All invoices or other notices issued by a local government to collect an account receivable must state that if the debtor wishes to pay by check or other negotiable instrument, such negotiable instrument must name as payee:
(a) The local government; or
(b) The title of the governmental official charged by law with the collection of such accounts.
Κ In no event may the invoice or other notice state that a check or other negotiable instrument may name a natural person as payee.
2. Notwithstanding the provisions of subsection 1, a local government may deposit into the appropriate account a check or other negotiable instrument which it determines is intended as payment for an account receivable.
3. As used in this section, local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including, without limitation, counties, cities, towns, boards, authorities, school districts and other districts organized pursuant to chapters 244, 244A, 309, 318, 379, 439, 450, 474, 539, 541, 543 and 555 of NRS [.] and sections 2 to 53, inclusive, of this act.
Sec. 61. NRS 378.160 is hereby amended to read as follows:
378.160 As used in NRS 378.150 to 378.210, inclusive:
1. Center means the State Publications Distribution Center created by NRS 378.170.
2. Depository library means a library with which the Center has entered into an agreement pursuant to NRS 378.190.
3. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
κ2017 Statutes of Nevada, Page 2723 (CHAPTER 403, AB 379)κ
NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes the Nevada Rural Housing Authority.
4. Publication includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local government. The term does not include:
(a) Nevada Revised Statutes with annotations;
(b) Nevada Reports;
(c) Bound volumes of the Statutes of Nevada;
(d) Items published by the University of Nevada Press and other information disseminated by the Nevada System of Higher Education which is not designed for public distribution;
(e) Official state records scheduled for retention and disposition pursuant to NRS 239.080; or
(f) Records of a local government which have been scheduled for disposition pursuant to NRS 239.124 or retention pursuant to NRS 239.125.
5. State agency includes the Legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
Sec. 62. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 23Committee on Corrections, Parole, and Probation
CHAPTER 404
[Approved: June 5, 2017]
AN ACT relating to the Division of Parole and Probation of the Department of Public Safety; authorizing the Division to establish and operate independent reporting facilities for the purpose of providing services to certain parolees and probationers; authorizing the Division to adopt regulations relating to the establishment and operation of independent reporting facilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Parole and Probation of the Department of Public Safety, which is generally responsible for the supervision of parolees and probationers. The Chief of the Division is the Chief Parole and Probation Officer, who is required to administer all activities and services of the Division. (NRS 213.1071, 213.1072)
Section 1 of this bill: (1) authorizes the Division to establish and operate one or more independent reporting facilities for the purpose of providing certain daily services to any parolee or probationer who is ordered to attend such an independent reporting facility as an intermediate sanction; and (2) authorizes the Chief to contract for any services necessary to operate such independent reporting facilities. Section 1 also authorizes the Division to adopt any regulations necessary to establish and operate such independent reporting facilities.
κ2017 Statutes of Nevada, Page 2724 (CHAPTER 404, AB 23)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 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division may establish and operate one or more independent reporting facilities for the purpose of providing certain daily services, including, without limitation, counseling, health care services and assistance with obtaining employment, to any parolee or probationer who is ordered to attend such an independent reporting facility as an intermediate sanction. The Chief may contract for any services necessary to operate such independent reporting facilities.
2. The use by the Division of any resources of another agency or entity to provide services to a parolee or probationer at an independent reporting facility must not be construed to grant any authority to the other agency or entity to operate or assist in the operation of the independent reporting facility.
3. The Division may adopt any regulations necessary to carry out the provisions of this section.
Sec. 2. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Board means the State Board of Parole Commissioners.
2. Chief means the Chief Parole and Probation Officer.
3. Division means the Division of Parole and Probation of the Department of Public Safety.
4. Residential confinement means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.
5. Sex offender means any person who has been or is convicted of a sexual offense.
6. Sexual offense means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. Standards means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec. 3. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2725κ
Assembly Bill No. 127Assemblywoman Benitez-Thompson
CHAPTER 405
[Approved: June 5, 2017]
AN ACT relating to education; requiring school districts in certain counties to appoint an emergency manager; requiring boards of trustees of school districts and governing bodies of charter schools to consult with certain persons and entities before constructing, expanding or remodeling buildings for schools or related facilities or acquiring sites for those purposes; requiring the Department of Education to conduct an annual conference regarding safety in public schools; requiring the State Public Charter School Authority to annually discuss safety in charter schools at a meeting, workshop or conference; requiring the Department, to the extent that money is available, to make block grants to provide certain mental health workers in public schools; revising provisions governing the development and contents of a plan to respond to a crisis or an emergency in a school; revising provisions governing emergency drills in schools; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for crisis and emergency response in public schools. (NRS 388.229-388.261) Section 4 of this bill requires each school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to designate an employee to serve as an emergency manager, whose duties are defined in that section. Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school to consult with the emergency manager, the chief of school police or his or her designee, or the Division of Emergency Management of the Department of Public Safety, as applicable, before: (1) designing, constructing or purchasing new school buildings or related facilities; (2) enlarging, remodeling or renovating existing school buildings or related facilities; or (3) acquiring sites for building schools or related facilities.
Section 6 of this bill requires the Department of Education to coordinate with the Division of Emergency Management, any emergency manager, any chief of police of a school district that has police officers and any school resource officer to conduct an annual conference regarding safety in public schools. Section 6 additionally requires the board of trustees of each school district to designate certain persons to attend this conference and authorizes certain other persons to attend the conference. Section 6 also requires the State Public Charter School Authority to annually discuss safety in charter schools at a designated meeting of the Authority or at a workshop or conference coordinated by the Authority. Finally, section 6 requires the governing body of each charter school to designate persons to attend such a meeting, workshop or conference.
Section 7 of this bill requires the Department of Education, to the extent that money is available for the purpose, to: (1) develop and carry into effect a program of block grants; and (2) make and administer block grants to school districts and charter schools to employ or contract with social workers and other mental health workers in schools with identified needs.
κ2017 Statutes of Nevada, Page 2726 (CHAPTER 405, AB 127)κ
Existing law requires the Department of Education to develop a model plan for the management of a crisis or emergency in a public school, including a charter school, and a private school. Among other requirements, the model plan must include a procedure for carrying out a lockdown at a school. (NRS 388.253) Section 2 of this bill defines lockdown for these purposes. Existing law also requires the board of trustees of a school district and the governing body of a charter school to establish a development committee to develop a plan to be used by each public school of the school district or the charter school, as applicable, in responding to a crisis or an emergency and requires the development committee to consult with certain persons and entities when developing the plan. (NRS 388.241, 388.243) Section 9 of this bill requires each development committee, when developing the plan, to also consult with an emergency manager, a school resource officer or the chief of school police of the school district, if such a person exists in the school district.
Existing law requires each school district, each charter school and each private school to provide drills for pupils at least once each month during the school year to instruct those pupils in the procedures to be followed in the event of a fire or other emergency. (NRS 392.450, 394.170) Sections 13 and 14 of this bill require at least one-half of these drills to include instruction in appropriate procedures to be followed in the event of a lockdown, as defined in section 2 of this bill. Sections 13 and 14 also revise provisions governing the emergency drills conducted at a school located in a city or town to require the drills to be approved by the chief of the fire department of the city or town or voluntary fire department, as applicable. Finally, section 13 requires: (1) any public school located in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to conduct the drills under the supervision of the person designated for that purpose by the board of trustees of the school district or the governing body of the charter school, as applicable; and (2) a public school located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to conduct such drills under the supervision of the emergency manager.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Legislature recognizes that it is of utmost importance that the public schools in this State are built and maintained in a manner which provides the greatest protection for pupils and staff against harm; and
Whereas, Each school must be built and maintained to meet or exceed recommended safety standards and be designed to anticipate and protect against modern threats; and
Whereas, Academic achievement of pupils is adversely affected when the pupils do not feel safe from harm; and
Whereas, Acts of violence which occur at schools have devastating effects on pupils which may include depression, fear and inappropriate behavior; and
Whereas, Efforts must be taken to mitigate acts of violence at schools; and
Whereas, Social workers and other licensed mental health workers who are employed by schools help ensure the safety of pupils, prevent violent and other inappropriate actions by pupils and address the overall well-being of pupils by assessing the needs of pupils and providing pupils with necessary mental health services, counseling and other assistance; and
Whereas, The Legislature hereby finds and declares that it is optimal to have a ratio of at least 1 social worker or licensed health worker per 250 pupils; and
κ2017 Statutes of Nevada, Page 2727 (CHAPTER 405, AB 127)κ
Whereas, Each school district must ensure that administrators, teachers and other staff are properly trained regarding the appropriate response to a crisis and crisis management, prevention of violence and emergency response planning so that all schools are prepared to respond appropriately to a crisis or emergency and to quickly mitigate any effects of such a crisis or emergency; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Lockdown means a circumstance in which the persons on school property are restricted to the interior of a school building and isolated from threats until the school property and surrounding vicinity are deemed to be secure by:
1. If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; or
2. If the school district does not have school police officers, the school resource officer or a person designated by him or her or, if the school district does not have school resource officers, a local law enforcement agency.
Sec. 3. School resource officer means a deputy sheriff or other peace officer employed by a local law enforcement agency who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include, without limitation, providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of crime.
Sec. 4. Each school district in a county whose population is 100,000 or more shall designate a full-time employee to serve as an emergency manager whose job responsibilities are focused solely on the planning and coordination of available resources for the mitigation of, preparation and training for, response to and recovery from emergencies or crises.
Sec. 5. 1. The board of trustees of each school district and the governing body of each charter school shall consult with the person described in subsection 2 or 3, as applicable, regarding safety in schools before:
(a) Designing, constructing or purchasing new buildings for schools or related facilities;
(b) Enlarging, remodeling or renovating existing buildings for schools or related facilities; or
(c) Acquiring sites for building schools or related facilities.
2. In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to section 4 of this act or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.
3. In a county whose population is less than 100,000, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with:
κ2017 Statutes of Nevada, Page 2728 (CHAPTER 405, AB 127)κ
(a) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her or, if the school district has designated a full-time employee to serve as an emergency manager, the emergency manager; or
(b) If the county has not designated a full-time employee to serve as an emergency manager and does not have school police officers, the Division of Emergency Management of the Department of Public Safety.
Sec. 6. 1. The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the Department of Public Safety, any emergency manager designated pursuant to section 4 of this act, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.
2. The board of trustees of each school district shall designate persons to attend the conference held pursuant to subsection 1. The persons so designated must include, without limitation:
(a) An administrator from the school district;
(b) If the school district has school resource officers, a school resource officer or a person designated by him or her;
(c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; and
(d) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.
3. The conference conducted pursuant to subsection 1 may be attended by:
(a) A licensed teacher of a school or charter school;
(b) Educational support personnel employed by a school district or charter school;
(c) The parent or legal guardian of a pupil who is enrolled in a public school; and
(d) An employee of a local law enforcement agency.
4. The State Public Charter School Authority shall annually, at a designated meeting of the State Public Charter School Authority or at a workshop or conference coordinated by the State Public Charter School Authority, discuss safety in charter schools. The governing body of each charter school shall designate persons to attend a meeting, workshop or conference at which such a discussion will take place pursuant to this subsection.
Sec. 7. To the extent that money is available for the purpose, the Department shall:
1. Develop and carry into effect a program of block grants for the purposes described in subsection 2; and
2. Make and administer block grants to school districts and charter schools to employ or contract with social workers and other mental health workers in schools with identified needs.
Sec. 8. NRS 388.229 is hereby amended to read as follows:
388.229 As used in NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.235, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
κ2017 Statutes of Nevada, Page 2729 (CHAPTER 405, AB 127)κ
Sec. 9. NRS 388.243 is hereby amended to read as follows:
388.243 1. Each development committee established by the board of trustees of a school district shall develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis or an emergency. Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis or an emergency. Each development committee shall, when developing the plan, consult with:
(a) The local social service agencies and local public safety agencies in the county in which its school district or charter school is located.
(b) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.
(c) If the school district has school resource officers, a school resource officer or a person designated by him or her.
(d) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her.
(e) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. The plan developed pursuant to subsection 1 must include, without limitation:
(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;
(b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school; and
(c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.
3. Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
4. Except as otherwise provided in NRS 388.249 and 388.251, each public school, including, without limitation, each charter school, must comply with the plan developed for it pursuant to this section.
Sec. 10. NRS 388.245 is hereby amended to read as follows:
388.245 1. Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
κ2017 Statutes of Nevada, Page 2730 (CHAPTER 405, AB 127)κ
3. The board of trustees of each school district and the governing body of each charter school shall:
(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;
(b) File with the Department a copy of the notice provided pursuant to paragraph (a);
(c) Post a copy of NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act at each school in its school district or at its charter school;
(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;
(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:
(1) Each local public safety agency in the county in which the school district or charter school is located;
(2) The Division of Emergency Management of the Department of Public Safety; and
(3) The local organization for emergency management, if any;
(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:
(1) The Department;
(2) A local public safety agency in the county in which the school district or charter school is located;
(3) The Division of Emergency Management of the Department of Public Safety;
(4) The local organization for emergency management, if any;
(5) A local agency that is included in the plan; and
(6) An employee of a school who is included in the plan; and
(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.
4. The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.261, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 11. NRS 388.253 is hereby amended to read as follows:
388.253 1. The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of a crisis or an emergency that involves a public school, including, without limitation, a charter school, or a private school and that requires immediate action. The model plan must include, without limitation, a procedure for:
κ2017 Statutes of Nevada, Page 2731 (CHAPTER 405, AB 127)κ
(a) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;
(b) Accounting for all persons within a school;
(c) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;
(d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(e) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;
(f) Reunifying a pupil with his or her parent or legal guardian;
(g) Providing any necessary medical assistance;
(h) Recovering from a crisis or an emergency;
(i) Carrying out a lockdown at a school ; [in which persons are not allowed to enter or exit the school;]
(j) Providing shelter in specific areas of a school; and
(k) Providing specific information relating to managing a crisis or an emergency that is a result of:
(1) An incident involving hazardous materials;
(2) An incident involving mass casualties;
(3) An incident involving an active shooter;
(4) An outbreak of disease;
(5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or
(6) Any other situation, threat or hazard deemed appropriate.
2. In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.
3. The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:
(a) The model plan developed by the Department pursuant to subsection 1;
(b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;
(c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and
(d) A deviation approved pursuant to NRS 388.251 or 394.1692.
4. The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.
Sec. 12. NRS 388.259 is hereby amended to read as follows:
388.259 A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.
κ2017 Statutes of Nevada, Page 2732 (CHAPTER 405, AB 127)κ
this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.
Sec. 13. NRS 392.450 is hereby amended to read as follows:
392.450 1. The board of trustees of each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a lockdown, fire or other emergency . [, except a crisis governed by NRS 388.229 to 388.261, inclusive.] Not more than three of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters. At least one-half of the drills provided pursuant to this subsection must include instruction in appropriate procedures to be followed in the event of a lockdown.
2. In all cities or towns , [which have regularly organized, paid fire departments or voluntary fire departments,] the drills required by subsection 1 must be [conducted under the supervision of] approved by the [:] chief of the fire department of the city or town, if the city or town has a regularly organized, paid fire department or voluntary fire department. In addition, the drills in each school must be conducted under the supervision of the:
(a) Person designated for this purpose by the board of trustees of the school district or the governing body of a charter school [; and] in a county whose population is less than 100,000; or
(b) [Chief of the fire department of the city or town.] Emergency manager designated pursuant to section 4 of this act in a county whose population is 100,000 or more.
3. A diagram of the approved escape route and any other information related to the drills required by subsection 1 which is approved by the chief of the fire department or, if there is no fire department, the State Fire Marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.
5. Any violation of the provisions of this section is a misdemeanor.
6. As used in this section, lockdown has the meaning ascribed to it in section 2 of this act.
Sec. 14. NRS 394.170 is hereby amended to read as follows:
394.170 1. The authorities in charge of every private school within this State shall provide drills for the pupils in the schools at least once in each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a lockdown, fire or other emergency . [, except a crisis governed by NRS 394.168 to 394.1699, inclusive.] Not more than two of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters. At least one-half of the drills provided pursuant to this subsection must include instruction in the appropriate procedures to be followed in the event of a lockdown.
2. In all cities or towns , [which have regularly organized, paid fire departments or voluntary fire departments,] the drills required by subsection 1 must be [conducted under the supervision of] approved by the chief of the fire department of the city or town [.]
κ2017 Statutes of Nevada, Page 2733 (CHAPTER 405, AB 127)κ
fire department of the city or town [.] , if the city or town has a regularly organized, paid fire department or voluntary fire department.
3. The State Fire Marshal shall prescribe general regulations governing the drills required by subsection 1 and shall, with the cooperation of the Superintendent of Public Instruction, arrange for the supervision of drills in schools . [where the drills are not supervised pursuant to subsection 2.]
4. A copy of this section must be kept posted in every classroom of every private school by the principal or teacher in charge thereof.
5. The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.
6. Any violation of the provisions of this section is a misdemeanor.
7. As used in this section, lockdown has the meaning ascribed to it in section 2 of this act.
Sec. 15. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created in the State General Fund the Emergency Assistance Account. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account created pursuant to NRS 353.2735 to the Emergency Assistance Account in an amount not to exceed $500,000.
2. The Division of Emergency Management of the Department of Public Safety shall administer the Emergency Assistance Account. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.
3. Except as otherwise provided in paragraph (c), all expenditures from the Emergency Assistance Account must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Emergency Assistance Account must be expended:
(a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;
(b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster; and
(c) For any other purpose authorized by the Legislature.
4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management;
(b) Provide training to personnel related to emergency management; and
(c) Carry out the provisions of NRS 388.229 to 388.261, inclusive [.] , and sections 2 to 7, inclusive, of this act.
5. Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Emergency Assistance Account for the previous quarter.
κ2017 Statutes of Nevada, Page 2734 (CHAPTER 405, AB 127)κ
6. The Division shall adopt such regulations as are necessary to administer the Emergency Assistance Account.
7. The Division may adopt regulations to provide for reimbursement of expenditures made from the Emergency Assistance Account. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.
Sec. 16. 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. 17. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 205Assemblyman Araujo
CHAPTER 406
[Approved: June 5, 2017]
AN ACT relating to cremation; authorizing the use of alkaline hydrolysis for cremation; requiring notice be provided to certain entities relating to a crematory which intends to use alkaline hydrolysis for cremation; revising provisions relating to the location of a crematory; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law regulates the cremation of human remains and the operation of facilities for cremation. (NRS 451.600-451.715, chapter 642 of NRS) For the purposes of those provisions, sections 3 and 10 of this bill expand the current definition of cremation to include alkaline hydrolysis, which is a water-based process for reducing human remains to bone fragments through the use of alkaline chemicals and agitation. A result of this change is to make certain fee and penalty provisions applicable to this type of cremation. Section 3.5 of this bill requires a crematory to provide written notice of its intent to use alkaline hydrolysis to the Division of Environment Protection of the State Department of Conservation and Natural Resources and any private, public or cooperative entity which operates a sewer system in order to ensure compliance with certain laws relating to the pollution of water.
In certain cities and towns, existing law limits the location of a crematory to an area that is zoned for mixed, commercial or industrial use and at least 1,500 feet from any parcel zoned for residential use. (NRS 451.635) Sections 5 and 6.5 of this bill require a crematory that only uses alkaline hydrolysis for cremation to comply with these zoning restrictions or obtain authorization from the board of county commissioners or the governing body of the city or town, as applicable, for an exemption. Sections 7 and 8 of this bill make conforming changes to account for differences between cremation by incineration and cremation by alkaline hydrolysis.
κ2017 Statutes of Nevada, Page 2735 (CHAPTER 406, AB 205)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 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.
Sec. 2. Alkaline hydrolysis means the:
1. Reduction of human remains to bone fragments through a water-based process of dissolution using alkaline chemicals and agitation to accelerate natural decomposition; and
2. Processing of the hydrolyzed human remains after their removal from the container in which the process of dissolution occurs.
Sec. 3. Cremation means the technical process that reduces human remains to bone fragments by using alkaline hydrolysis or incineration.
Sec. 3.5. 1. After obtaining a license pursuant to NRS 451.635 and at least 90 days before the operator of a crematory purchases equipment for alkaline hydrolysis for cremation, the operator must provide to the Division of Environmental Protection of the State Department of Conservation and Natural Resources and any private, public or cooperative operator of a sanitary sewer in the area in which the crematory is located written notice containing:
(a) The date on which the equipment for alkaline hydrolysis is proposed to be purchased; and
(b) A list of the equipment that is proposed to be purchased.
2. The Division and each operator of a sanitary sewer notified pursuant to subsection 1 shall ensure that the equipment which the operator proposes to purchase for alkaline hydrolysis complies with the provisions of NRS 445A.300 to 445A.730, inclusive, and any local law, ordinance or regulation.
Sec. 4. NRS 451.600 is hereby amended to read as follows:
451.600 As used in NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.605 to 451.630, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 451.635 is hereby amended to read as follows:
451.635 1. No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.
2. The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.
κ2017 Statutes of Nevada, Page 2736 (CHAPTER 406, AB 205)κ
3. [If] Except as otherwise provided in subsection 4, if a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:
(a) In an area which is zoned for mixed, commercial or industrial use; and
(b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.
4. If a crematory proposes to cremate human remains only through alkaline hydrolysis, the Board may issue a license to the applicant regardless of the location if the board of county commissioners of the county or the governing body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.
5. The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:
(a) The name and address of the applicant and the location or proposed location of the crematory;
(b) A description of the structure and equipment to be used in operating the crematory; and
(c) Any further information that the Board may reasonably require.
[5.] 6. An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.
[6.] 7. The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:
(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive [;] , and sections 2, 3 and 3.5 of this act; and
(b) The applicant has paid all fees related to the application.
[7.] 8. If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.
Sec. 6. NRS 451.640 is hereby amended to read as follows:
451.640 1. The Nevada Funeral and Cemetery Services Board shall adopt regulations for the administration of NRS 451.600 to 451.715, inclusive [.] , and sections 2, 3 and 3.5 of this act. Unless governed by the regulations of the State Board of Health, the regulations of the Nevada Funeral and Cemetery Services Board must include, without limitation:
(a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation; and
(b) The minimum standards for sanitation, required equipment and protection from fire.
2. The Nevada Funeral and Cemetery Services Board may bring legal proceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, any regulation adopted pursuant thereto or any order of the Board from operating a crematory. Any person who is so enjoined is liable to the Board for attorneys fees and court costs.
κ2017 Statutes of Nevada, Page 2737 (CHAPTER 406, AB 205)κ
Sec. 6.5. NRS 451.645 is hereby amended to read as follows:
451.645 1. A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.
2. Except as otherwise provided in [subsection] subsections 3 and 4 of NRS 451.635, a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.
Sec. 7. NRS 451.670 is hereby amended to read as follows:
451.670 1. No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.
2. The container used must:
(a) Consist of readily combustible materials [;] or, if alkaline hydrolysis will be used to cremate the human remains, materials that are readily dissolvable by alkaline hydrolysis;
(b) Cover the human remains completely when closed;
(c) Resist leaking or spilling;
(d) Be rigid enough for easy handling [;] or, if alkaline hydrolysis will be used to cremate the human remains, be properly supported during transport; and
(e) Protect the health and safety of employees of the operator.
3. Unless otherwise ordered in writing by the agent, the operator shall incinerate or dissolve the container , as applicable, as the remains are cremated.
Sec. 8. NRS 451.680 is hereby amended to read as follows:
451.680 1. The agent, or the person charged with arranging for disposition of the body of a person who has ordered his or her own cremation, shall ensure that any artificial device [whose incineration] that would be dangerous if incinerated or subjected to alkaline hydrolysis, as applicable, is removed from the human remains before their cremation. If he or she is unable to arrange for its removal before the remains are delivered to a crematory, he or she shall inform the operator of the crematory.
2. The space within a crematory where cremation takes place must be enclosed and must not be used for any other purpose than the cremation of human remains. Immediately before a container is placed in this chamber, the identification of the human remains within it must be verified by the operator and any identifying document or label for the urn must be removed from the container and kept near the control panel until cremation is complete.
3. Upon the completion of cremation, the operator shall:
(a) Remove the recoverable residue from the chamber;
(b) Place the bone fragments in an urn with proper identification and insofar as practicable place no other material with them unless authorized by the agent; and
(c) Dispose of the remaining residue.
4. If the cremated remains will not fit in the urn selected by the agent, the operator of the crematory shall hold the remains until the agent selects an urn or urns in which the remains will fit.
κ2017 Statutes of Nevada, Page 2738 (CHAPTER 406, AB 205)κ
Sec. 9. NRS 451.715 is hereby amended to read as follows:
451.715 1. It is unlawful for any person to:
(a) Hold himself or herself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;
(b) Sign an order for cremation knowing that the order contains incorrect information; or
(c) Violate any other provision of NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board.
2. It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS 451.024 or 451.655.
3. If a crematory is operated in this State in violation of any provision of NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board, the crematory is a public nuisance and may be abated as such.
Sec. 10. NRS 642.011 is hereby amended to read as follows:
642.011 Cremation [means the technical process that reduces human remains to bone fragments by using heat and evaporation.] has the meaning ascribed to it in section 3 of this act.
Sec. 11. This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2018, for all other purposes.
________
κ2017 Statutes of Nevada, Page 2739κ
Assembly Bill No. 505Committee on Ways and Means
CHAPTER 407
[Approved: June 5, 2017]
AN ACT making appropriations to the Department of Corrections for a new telephone system and for certain information system projects; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,339,477 for an electronic medical records system to store inmate medical records and interface with the Departments offender management system and other vendor software systems.
2. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,285,440 for the continuation of the transition from the Nevada Offender Tracking Information System to a new internal system.
3. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,263,231 for the installation of a new telephone system for the Department.
4. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $637,085 for the replacement of the Nevada Staffing Information System used to schedule correctional officers.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2740κ
Assembly Bill No. 506Committee on Ways and Means
CHAPTER 408
[Approved: June 5, 2017]
AN ACT making appropriations to the Nevada Gaming Control Board for certain costs relating to the Alpha Migration Project; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Nevada Gaming Control Board the sum of $2,091,590 for phase three of the Alpha Migration Project.
2. There is hereby appropriated from the State General Fund to the Nevada Gaming Control Board the sum of $124,908 for in-state travel costs for information technology staff to provide support for phase three of the Alpha Migration Project.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2741κ
Assembly Bill No. 507Committee on Ways and Means
CHAPTER 409
[Approved: June 5, 2017]
AN ACT making appropriations to the Department of Public Safety for the replacement of vehicles, pickup trucks and motorcycles for the Nevada Highway Patrol; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $8,531,643 for the replacement of vehicles and pickup trucks for the Nevada Highway Patrol.
2. There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $385,252 for the replacement of motorcycles for the Nevada Highway Patrol.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2019.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2742κ
Assembly Bill No. 508Committee on Ways and Means
CHAPTER 410
[Approved: June 5, 2017]
AN ACT making an appropriation to the Department of Public Safety for the replacement of dispatch center consoles and portable hand-held radios; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $1,218,872 for the replacement of dispatch center consoles and portable hand-held radios.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2019.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2743κ
Assembly Bill No. 510Committee on Ways and Means
CHAPTER 411
[Approved: June 5, 2017]
AN ACT making appropriations to the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation and the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department for the enhancement of client information systems; authorizing the expenditure of certain money by those Bureaus for the same purposes; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation the sum of $131,074 for an enhancement to the Bureaus client information system.
2. Expenditure of $484,297 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Bureau for the same purpose as set forth in subsection 1.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation the sum of $524,295 for an enhancement to the Bureaus client information system.
2. Expenditure of $1,937,185 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Bureau for the same purpose as set forth in subsection 1.
Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2744κ
Senate Bill No. 533Committee on Finance
CHAPTER 412
[Approved: June 5, 2017]
AN ACT making appropriations to the Division of Welfare and Supportive Services of the Department of Health and Human Services for certain information system projects; authorizing the expenditure of certain money by the Division for such purposes; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $127,500 for a master client index to develop a cross index of all databases of the Department.
2. Expenditure of $1,147,500 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $1,000,000 for modernization of Access Nevada to provide clients of the Division with the opportunity to submit electronic applications for Medicaid, the Supplemental Nutrition Assistance program and Temporary Assistance for Needy Families.
2. Expenditure of $9,000,000 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $407,673 for a case management system to allow for the no wrong door approach to serving clients throughout the Department.
2. Expenditure of $3,458,225 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $9,304,699 for the second phase to modernize the automated processing system for the child support enforcement program.
κ2017 Statutes of Nevada, Page 2745 (CHAPTER 412, SB 533)κ
2. Expenditure of $20,120,886 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.
Sec. 5. Any remaining balance of the appropriations made by sections 1 to 4, inclusive, of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 460Committee on Government Affairs
CHAPTER 413
[Approved: June 5, 2017]
AN ACT relating to labor relations in local government; increasing the size of the Local Government Employee-Management Relations Board from three members to five members; increasing the number of members of the Board who may belong to the same political party from two members to three members; requiring that at least three members of the Board reside in southern Nevada; increasing the number of members that constitute a quorum of the Board from two members to three members; generally authorizing a majority of a quorum to exercise the powers of the Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Local Government Employee-Management Relations Board, which oversees labor relations between local government employers and local government employees. The Board consists of three members appointed by the Governor. In addition to other qualifications and limitations, not more than two of the members may belong to the same political party. (NRS 288.080) Section 1 of this bill: (1) increases the membership of the Board to five members; (2) increases the number of members of the Board who may belong to the same political party to three members; and (3) requires that at least three members of the Board reside in southern Nevada. Section 2 of this bill increases from two to three the number of members that constitute a quorum and provides, with certain exceptions, that a majority of a quorum present at any meeting may exercise all the power and authority conferred on the Board. Section 2 further provides that a majority vote of the entire membership of the Board is required to take certain actions, including the appointment of the Commissioner of the Board, the adjustment of the fee charged to local government employers for the support of the Board and the adoption of any rule or regulation. Finally, whenever less than five members of the Board are present at a meeting, section 2 provides that not more than two of the members present may be members of the same political party.
κ2017 Statutes of Nevada, Page 2746 (CHAPTER 413, SB 460)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 288.080 is hereby amended to read as follows:
288.080 1. The Local Government Employee-Management Relations Board is hereby created, consisting of [three] five members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than [two] three of whom may be members of the same political party [.] , and at least three of whom must reside in southern Nevada. The term of office of each member is 4 years.
2. The Governor shall appoint the members of the Board.
Sec. 2. NRS 288.090 is hereby amended to read as follows:
288.090 1. The members of the Board shall annually elect one of their number as Chair and one as Vice Chair. [Any two] Except as otherwise provided in this section, any three members of the Board constitute a quorum [.] , and a majority of a quorum present at any meeting may exercise all the power and authority conferred on the Board.
2. Except by a majority vote of the entire membership of the Board, the Board may not:
(a) Elect a Chair or Vice Chair;
(b) Appoint the Commissioner or Secretary of the Board, or terminate the employment of the Commissioner or Secretary;
(c) Adjust the fee charged to local government employers pursuant to NRS 288.105 or impose a civil penalty for failure to pay the fee;
(d) Make or adopt any rule or regulation; or
(e) Grant permission to a local government employer to withdraw recognition from an employee organization or order an election pursuant to NRS 288.160.
3. Whenever less than five members of the Board are present at any meeting, not more than two of the members present may be members of the same political party.
4. The Board may, within the limits of legislative appropriations and any other available money:
(a) Appoint a Commissioner and a Secretary, who are in the unclassified service of the State; and
(b) Employ such additional clerical personnel as may be necessary, who are in the classified service of the State.
Sec. 3. Notwithstanding the amendatory provisions of section 1 of this act, a member of the Local Government Employee-Management Relations Board who was appointed before July 1, 2017, and is otherwise qualified to serve in that capacity, is entitled to serve the remainder of the term to which he or she was appointed.
Sec. 4. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2747κ
Senate Bill No. 452Committee on Judiciary
CHAPTER 414
[Approved: June 5, 2017]
AN ACT relating to certificates of title; authorizing the Department of Motor Vehicles to issue a new certificate of title or a state agency to issue a salvage title for a vehicle to a person who is unable to provide a certificate of title for the vehicle and who files a bond with the Department or state agency under certain circumstances; setting forth the requirements for filing the bond; requiring the Department or state agency to return the bond under certain circumstances; abolishing certain rights of action against the Department of Motor Vehicles and any officer or employee of the Department; requiring certain lienholders to process all notifications and releases of security interests through the electronic lien system established for the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if an applicant for registration of a vehicle or transfer of registration is unable to provide a certificate of title for the vehicle, the Department of Motor Vehicles may issue to the applicant a certificate of title if the Department is satisfied that the applicant has provided information sufficient to establish: (1) legal ownership of the vehicle; or (2) that the applicant is entitled to a new certificate of title. (NRS 482.240, 482.415) Similarly, if an applicant for a salvage title for a vehicle is unable to furnish a certificate of title for the vehicle, the state agency may issue a salvage title if the state agency is satisfied, after examining the circumstances and requiring the filing of suitable information, that the applicant is entitled to a salvage title. (NRS 487.820) Existing law requires a person whose certificate of title is lost, mutilated or illegible to immediately make application for and obtain a duplicate or substitute certificate of title upon furnishing information satisfactory to the Department and payment of the required fees. (NRS 482.285)
Section 1 of this bill authorizes a person who is unable to provide information satisfactory to the Department that the person is entitled to a certificate of title or a duplicate or substitute certificate of title for a vehicle to obtain a new certificate of title by: (1) filing a bond with the Department in an amount equal to one and one-half times the value of the vehicle, as determined by the Department; (2) allowing the Department to inspect the vehicle to verify the vehicle identification number and the identification numbers, if any, for parts used to repair the vehicle; and (3) authorizing the Department to conduct a vehicle history search through relevant national crime information systems. Such a bond must be conditioned to indemnify prior and subsequent owners or lienholders of the vehicle against any expense, loss or damage because of the issuance of the certificate of title, or because of any defect in or undisclosed security interest in the applicants right or title to the vehicle or the applicants interest in the vehicle. The bond must be returned by the Department at the end of 3 years, unless the Department has been notified of the pendency of an action to recover on the bond. Section 1 also abolishes any right of action against the Department for taking certain actions or failing to act in providing a certificate of title pursuant to that section. Finally, section 1 provides that an applicant for a certificate of title pursuant to that section may participate in the Departments electronic lien system. Section 6 of this bill sets forth the same option for filing a bond and allowing an inspection to obtain a salvage title for a vehicle, and abolishes any right of action against the Department in a manner similar to the provisions of section 1. Sections 2-5 of this bill make conforming changes. Existing law authorizes the Department to adopt regulations specifying the amount of the fees which the Department will charge and collect for each certificate of title or duplicate certificate of title issued.
κ2017 Statutes of Nevada, Page 2748 (CHAPTER 414, SB 452)κ
and collect for each certificate of title or duplicate certificate of title issued. (NRS 482.429) Existing regulations impose a fee of $20 for each certificate of title or duplicate certificate of title issued for a vehicle present or registered in this State. (NAC 482.907)
Existing law requires the Department to enter into a contract to establish, implement and operate an electronic lien system for use by certain lienholders in lieu of the issuance and maintenance of paper documents otherwise required to process the notification and release of a security interest in a vehicle. (NRS 482.4285) Section 5.5 of this bill requires all lienholders to use the electronic lien system to process all notifications and releases of security interests, with an exception for persons who are not normally engaged in the business or practice of financing vehicles.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an applicant who is seeking a certificate of title to a vehicle from the Department pursuant to subsection 3 of NRS 482.240, subsection 2 of NRS 482.260, subsection 1 of NRS 482.285 or subsection 1 of NRS 482.415 is unable to satisfy the Department that the applicant is entitled to a certificate of title pursuant to those provisions, the applicant may obtain a new certificate of title from the Department by:
(a) Filing a bond with the Department that meets the requirements of subsection 3;
(b) Allowing the Department to inspect the vehicle to verify the vehicle identification number and identification numbers, if any, on parts used to repair the vehicle; and
(c) Authorizing the Department to conduct a search of the history of the vehicle through any national crime information system, including, without limitation, the:
(1) National Crime Information Center, as defined in NRS 179A.061; and
(2) National Motor Vehicle Title Information System of the United States Department of Justice.
2. Any person damaged by the issuance of a certificate of title pursuant to this section has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond. The Department shall return the bond, and any deposit accompanying it, 3 years after the bond was filed with the Department, except that the Department shall not return the bond if the Department has been notified of the pendency of an action to recover on the bond.
3. The bond required pursuant to subsection 1 must be:
(a) In a form prescribed by the Department;
(b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;
(c) In an amount equal to one and one-half times the value of the vehicle, as determined by the Department; and
(d) Conditioned to indemnify any:
κ2017 Statutes of Nevada, Page 2749 (CHAPTER 414, SB 452)κ
(1) Prior owner or lienholder of the vehicle, and his or her successors in interest;
(2) Subsequent purchaser of the vehicle, and his or her successors in interest; or
(3) Person acquiring a security interest in the vehicle, and his or her successors in interest,
Κ against any expense, loss or damage because of the issuance of the certificate of title or because of any defect in or undisclosed security interest in the applicants right or title to the vehicle or the applicants interest in the vehicle.
4. A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the Department or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information concerning the legal ownership of a vehicle or the existence of a title obtained pursuant to this section.
5. An applicant seeking a certificate of title pursuant to this section may participate in the electronic lien system authorized in NRS 482.4285.
Sec. 2. NRS 482.240 is hereby amended to read as follows:
482.240 1. Upon the registration of a vehicle, the Department or a registered dealer shall issue a certificate of registration to the owner.
2. When an applicant for registration or transfer of registration is unable, for any reason, to submit to the Department in support of the application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the Department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, the Department may issue to the applicant only a certificate of registration.
3. The Department may, upon proof of ownership satisfactory to it [,] or pursuant to section 1 of this act, issue a certificate of title before the registration of the vehicle concerned. The certificate of registration issued pursuant to this chapter is valid only during the registration period or calendar year for which it is issued, and a certificate of title is valid until cancelled by the Department upon the transfer of interest therein.
Sec. 3. NRS 482.260 is hereby amended to read as follows:
482.260 1. When registering a vehicle, the Department and its agents or a registered dealer shall:
(a) Collect the fees for license plates and registration as provided for in this chapter.
(b) Collect the governmental services tax on the vehicle, as agent for the State and for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.
(c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.
(d) Issue a certificate of registration.
(e) If the registration is performed by the Department, issue the regular license plate or plates.
(f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to the owner.
2. Upon proof of ownership satisfactory to the Director [,] or as otherwise provided in section 1 of this act, the Director shall cause to be issued a certificate of title as provided in this chapter.
κ2017 Statutes of Nevada, Page 2750 (CHAPTER 414, SB 452)κ
3. Except as otherwise provided in NRS 371.070 and subsections 6, 7 and 8, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.
4. The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.
5. A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.
6. A trailer being registered pursuant to NRS 482.2065 must be taxed for the purposes of the governmental services tax for a 3-year period.
7. A full trailer or semitrailer being registered pursuant to subsection 3 of NRS 482.483 must be taxed for the purposes of the governmental services tax in the amount of $86. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.
8. A moped being registered pursuant to NRS 482.2155 must be taxed for the purposes of the governmental services tax for only the 12-month period following the registration. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.
Sec. 4. NRS 482.285 is hereby amended to read as follows:
482.285 1. If any certificate of registration or certificate of title is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the Department and upon payment of the required fees. An applicant who is unable to furnish information satisfactory to the Department that the applicant is entitled to a duplicate or substitute certificate of title pursuant to this subsection may obtain a new certificate of title pursuant to the provisions of section 1 of this act.
2. If any license plate or plates or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain:
(a) A duplicate number plate or a substitute number plate;
(b) A substitute decal; or
(c) A combination of both (a) and (b),
Κ as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.
3. If any license plate or plates or any decal is stolen, the person to whom it was issued shall immediately make application for and obtain:
(a) A substitute number plate;
(b) A substitute decal; or
(c) A combination of both (a) and (b),
Κ as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.
4. The Department shall issue duplicate number plates or substitute number plates and, if applicable, a substitute decal, if the applicant:
(a) Returns the mutilated or illegible plates to the Department or signs a declaration that the plates were lost, mutilated or illegible; and
(b) Complies with the provisions of subsection 6.
5. The Department shall issue substitute number plates and, if applicable, a substitute decal, if the applicant:
κ2017 Statutes of Nevada, Page 2751 (CHAPTER 414, SB 452)κ
(a) Signs a declaration that the plates were stolen; and
(b) Complies with the provisions of subsection 6.
6. Except as otherwise provided in this subsection, an applicant who desires duplicate number plates or substitute number plates must make application for renewal of registration. Except as otherwise provided in subsection 7 or 8 of NRS 482.260, credit must be allowed for the portion of the registration fee and governmental services tax attributable to the remainder of the current registration period. In lieu of making application for renewal of registration, an applicant may elect to make application solely for:
(a) Duplicate number plates or substitute number plates, and a substitute decal, if the previous license plates were lost, mutilated or illegible; or
(b) Substitute number plates and a substitute decal, if the previous license plates were stolen.
7. An applicant who makes the election described in subsection 6 retains the current date of expiration for the registration of the applicable vehicle and is not, as a prerequisite to receiving duplicate number plates or substitute number plates or a substitute decal, required to:
(a) Submit evidence of compliance with controls over emission; or
(b) Pay the registration fee and governmental services tax attributable to a full period of registration.
Sec. 5. NRS 482.415 is hereby amended to read as follows:
482.415 1. Whenever application is made to the Department for registration of a vehicle previously registered pursuant to this chapter and the applicant is unable to present the certificate of registration or certificate of title previously issued for the vehicle because the certificate of registration or certificate of title is lost, unlawfully detained by one in possession or otherwise not available, the Department may receive the application, investigate the circumstances of the case and require the filing of affidavits or other information. When the Department is satisfied that the applicant is entitled to a new certificate of registration and certificate of title, it may register the applicants vehicle and issue new certificates and a new license plate or plates to the person or persons entitled thereto. An applicant who is unable to satisfy the Department that the applicant is entitled to a new certificate of title pursuant to this subsection may obtain a new certificate of title pursuant to the provisions of section 1 of this act.
2. Whenever application is made to the Department for the registration of a motor vehicle of which the:
(a) Ownership has been transferred;
(b) Certificate of title is lost, unlawfully detained by one in possession or otherwise not available; and
(c) Model year is 9 years old or newer,
Κ the transferor of the motor vehicle may, to furnish any information required by the Department to carry out the provisions of NRS 484D.330, designate the transferee of the motor vehicle as attorney-in-fact on a form for a power of attorney provided by the Department.
3. The Department shall provide the form described in subsection 2. The form must be:
(a) Produced in a manner that ensures that the form may not be easily counterfeited; and
(b) Substantially similar to the form set forth in Appendix E of Part 580 of Title 49 of the Code of Federal Regulations.
κ2017 Statutes of Nevada, Page 2752 (CHAPTER 414, SB 452)κ
4. The Department may charge a fee not to exceed 50 cents for each form it provides.
Sec. 5.5. NRS 482.4285 is hereby amended to read as follows:
482.4285 1. The Department shall enter into one or more contracts pursuant to this section to establish, implement and operate, in lieu of the issuance and maintenance of paper documents otherwise required by this chapter, an electronic lien system to process the notification and release of security interests through electronic batch file transfers.
2. Any contract entered into pursuant to this section must not require the Department to pay any amount to a contractor unless otherwise provided in this section. A contractor must be required to reimburse the Department for any reasonable implementation costs directly incurred by the Department during the establishment and ongoing administration of the electronic lien system. A contract entered into pursuant to this section must include provisions specifically prohibiting a contractor from using information concerning vehicle titles for marketing or solicitation purposes.
3. The electronic lien system must allow qualified service providers to participate in the system. A lienholder may participate in the system through any qualified service provider approved by the Department for participation in the system.
4. Service providers may be required to collect fees from lienholders and their agents for the implementation and administration of the electronic lien system. The amount of the fee collected by a service provider and paid to a contractor for the establishment and maintenance of the electronic lien system must not exceed $4 per transaction.
5. A contractor may also serve as a service provider under such terms and conditions as are established by the Department pursuant to the terms of a contract entered into pursuant to this section and the regulations adopted by the Department. If a contractor will also serve as a service provider:
(a) The Department may perform audits of the contractor at intervals determined by the Department to ensure the contractor is not engaged in predatory pricing. The contractor shall reimburse the Department for the cost of all audits.
(b) The contract between the Department and the contractor entered into pursuant to this section must include an acknowledgement by the contractor that the contractor is required to enter into agreements to exchange electronic lien data with all service providers who offer electronic lien and title services to lienholders doing business in the State of Nevada, have been approved by the Department for participation in the electronic lien system pursuant to this section and elect to use the contractor for access to the electronic lien system. A service provider must not be required to provide confidential or proprietary information to any other service provider.
6. Except for persons who are not normally engaged in the business or practice of financing vehicles, all lienholders [are required to participate in the electronic lien system.] shall use the electronic lien system to process all notifications and releases of security interests through electronic batch file transfers.
7. For the purposes of this chapter, any requirement that a lien or other information appear on a certificate of title is satisfied by the inclusion of that information in an electronic file maintained in an electronic lien system. The satisfaction of a lien may be electronically transmitted to the Department. A certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law.
κ2017 Statutes of Nevada, Page 2753 (CHAPTER 414, SB 452)κ
certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law. If a vehicle is subject to an electronic lien, the certificate of title shall be deemed to be physically held by the lienholder for the purposes of state or federal law concerning odometer readings and disclosures.
8. A certified copy of the Departments electronic record of a lien is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence of the lien. If a certificate of title is maintained electronically in the electronic lien system, a certified copy of the Departments electronic record of the certificate of title is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence and contents of the certificate of title.
9. The Director may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:
(a) The amount of the fee a service provider is required to charge pursuant to subsection 4 and pay to a contractor for the establishment and maintenance of the electronic lien system.
(b) The qualifications of service providers for participation in the electronic lien system.
(c) The qualifications for a contractor to enter into a contract with the Department to establish, implement and operate the electronic lien system.
(d) Program specifications that a contractor must adhere to in establishing, implementing and operating the electronic lien system.
(e) Additional requirements for and restrictions upon a contractor who will also serve as a service provider.
10. As used in this section:
(a) Contractor means a person who, pursuant to this section, enters into a contract with the Department to establish, implement and operate the electronic lien system.
(b) Electronic lien system means a system to process the notification and release of security interests through electronic batch file transfers that is established and implemented pursuant to this section.
(c) Service provider means a person who, pursuant to this section, provides lienholders with software to manage electronic lien and title data.
Sec. 6. NRS 487.820 is hereby amended to read as follows:
487.820 1. Except as otherwise provided in subsection 2 of NRS 487.800, if the applicant for a salvage title is unable to furnish the certificates of title and registration last issued for the vehicle, the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a salvage title, the state agency may issue the salvage title.
2. No duplicate certificate of title or registration may be issued when a salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.
3. If an applicant is unable to satisfy the state agency that the applicant is entitled to a salvage title pursuant to subsection 1, the applicant may obtain a salvage title from the state agency by:
(a) Filing a bond with the state agency that meets the requirements of subsection 5;
κ2017 Statutes of Nevada, Page 2754 (CHAPTER 414, SB 452)κ
(b) Allowing the state agency to inspect the vehicle to verify the vehicle identification number and the identification numbers, if any, for parts used to repair the vehicle; and
(c) Authorizing the state agency to conduct a search through any national crime information system, including, without limitation, the:
(1) National Crime Information Center, as defined in NRS 179A.061; and
(2) National Motor Vehicle Title Information System of the United States Department of Justice.
4. Any person damaged by the issuance of the salvage title pursuant to subsection 3 has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond. The state agency shall return the bond, and any deposit accompanying it, 3 years after the bond was filed with the state agency, except that the state agency must not return the bond if the state agency has been notified of the pendency of an action to recover on the bond.
5. The bond required pursuant to subsection 3 must be:
(a) In a form prescribed by the state agency;
(b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;
(c) In an amount equal to one and one-half times the value of the vehicle, as determined by the state agency; and
(d) Conditioned to indemnify any:
(1) Prior owner or lienholder of the vehicle, and his or her successors in interest;
(2) Subsequent purchaser of the vehicle, and his or her successors in interest; or
(3) Person acquiring a security interest in the vehicle, and his or her successors in interest,
Κ against any expense, loss or damage because of the issuance of the salvage title or because of any defect in or undisclosed security interest in the applicants right or title to the vehicle or the applicants interest in the vehicle.
6. A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the state agency or any officer or employee thereof in carrying out the provisions of subsections 3, 4 and 5, or in giving or failing to give any information concerning the legal ownership of a vehicle or the existence of a salvage title obtained pursuant to subsection 3.
Sec. 7. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 6, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act.
3. Section 5.5 of this act becomes effective on July 1, 2017, for all other purposes.
4. Sections 1 to 5, inclusive, and 6 of this act become effective on July 1, 2018, for all other purposes.
________
κ2017 Statutes of Nevada, Page 2755κ
Senate Bill No. 291Senators Hardy, Harris; Atkinson, Gansert, Parks and Settelmeyer
CHAPTER 415
[Approved: June 5, 2017]
AN ACT relating to health records; requiring a custodian of health care records to perform certain duties; requiring a custodian of health care records to make certain health care records available for inspection by a coroner or medical examiner under certain circumstances; revising the civil and criminal penalties for a custodian who violates certain requirements; authorizing the Board of Medical Examiners to take possession of the health care records of a licensees patients under certain circumstances; revising provisions relating to the completion of a death certificate; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a physician or other provider of health care to: (1) retain the health care records of patients for at least 5 years; (2) make available to investigators certain health care records of a patient who is suspected of having operated a motor vehicle while intoxicated; (3) maintain a record of information provided by a patient relating to health insurance coverage; and (4) provide to the Department of Corrections the health care records of an offender confined at the state prison. (NRS 629.051, 629.065, 629.066, 629.068) Sections 4 and 7-9 of this bill require the custodian of the relevant health care records to perform those duties. Section 1 of this bill defines the custodian of health care records as any person having primary custody of those records or a facility that maintains the health care records of patients.
Existing law requires a provider of health care to make health care records available for inspection by a patient, certain representatives of a patient and certain government officials. (NRS 629.061) Section 5 of this bill requires the custodian of health care records to make the records available for inspection, and includes in the definition of health care records, for the purposes of that section, any records that reflect the amount charged for medical services or care provided to a patient. Section 5 further requires the custodian of health care records to make health care records available for inspection by a coroner or medical examiner in the performance of his or her duties.
A custodian of the health care records of a provider of health care is prohibited by existing law from preventing the provider from inspecting or obtaining copies of the records. If the custodian ceases to do business in this State, the custodian must deliver the records or copies of the records to the provider. Any violation of those requirements is a gross misdemeanor and subjects the custodian to a potential civil penalty of not less than $10,000, to be recovered in a civil action. (NRS 629.063) Section 6 of this bill provides that only a custodian of health care records who is not licensed under certain provisions of NRS and who violates the foregoing requirements is guilty of a gross misdemeanor. Section 6 also revises the civil penalty provisions so that $5,000 is the maximum penalty that may be collected for each violation as applied to a patients entire health care record.
Existing law requires certain providers of health care to retain the health care records of patients for 5 years after their receipt or production. (NRS 629.051) Section 9.5 of this bill authorizes the Board of Medical Examiners to take possession of the health care records of a licensees patients in the event of the licensees death, disability, incarceration or other incapacitation that renders the licensee unable to continue his or her practice. Section 9.5 further authorizes the Board to provide a patients records to the patient or to the patients subsequent provider of health care. Section 9.5 also requires that certain disclosures regarding such records be provided to patients.
κ2017 Statutes of Nevada, Page 2756 (CHAPTER 415, SB 291)κ
Existing law requires a funeral director or person acting as undertaker to present a death certificate to an attending physician or the health officer or coroner for the medical certificate of the cause of death and certain other information. (NRS 440.470) Section 12.3 of this bill provides an exception to the requirement of presenting the death certificate to an attending physician or attending advanced practice registered nurse if the attending physician or attending advanced practice registered nurse initiated the record of death and provided the required information at the time of death.
Section 12.7 of this bill authorizes a physician, advanced practice registered nurse, health officer or coroner to sign an uncompleted death certificate after completing the portions of the death certificate applicable to the physician, advanced practice registered nurse, health officer or coroner.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Custodian of health care records or custodian means:
(a) Any person having primary custody of health care records pursuant to this chapter; or
(b) Any facility that maintains the health care records of patients.
2. For the purposes of this section, a provider of health care shall not be deemed to have primary custody of health care records or to be the operator of a facility that maintains the health care records of patients:
(a) Solely by reason of the status of the provider as a member of a group of providers of health care; or
(b) If another person is employed or retained to maintain custody of the health care records of the provider.
Sec. 2. NRS 629.011 is hereby amended to read as follows:
629.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 629.021, 629.026 and 629.031 and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 629.031 is hereby amended to read as follows:
629.031 Except as otherwise provided by a specific statute:
1. Provider of health care means:
(a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;
(b) A physician assistant;
(c) A dentist;
(d) A licensed nurse;
(e) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;
(f) A dispensing optician;
(g) An optometrist;
(h) A speech-language pathologist;
(i) An audiologist;
(j) A practitioner of respiratory care;
(k) A registered physical therapist;
(l) An occupational therapist;
(m) A podiatric physician;
κ2017 Statutes of Nevada, Page 2757 (CHAPTER 415, SB 291)κ
(n) A licensed psychologist;
(o) A licensed marriage and family therapist;
(p) A licensed clinical professional counselor;
(q) A music therapist;
(r) A chiropractor;
(s) An athletic trainer;
(t) A perfusionist;
(u) A doctor of Oriental medicine in any form;
(v) A medical laboratory director or technician;
(w) A pharmacist;
(x) A licensed dietitian;
(y) An associate in social work, a social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;
(z) An alcohol and drug abuse counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;
(aa) An alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS; or
(bb) A medical facility as the employer of any person specified in this subsection.
2. [For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.
3.] For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:
(a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and
(b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.
Sec. 4. NRS 629.051 is hereby amended to read as follows:
629.051 1. Except as otherwise provided in this section and in regulations adopted by the State Board of Health pursuant to NRS 652.135 with regard to the records of a medical laboratory and unless a longer period is provided by federal law, each [provider] custodian of health care records shall retain the health care records of [his or her] patients as part of [his or her] the regularly maintained records of the custodian for 5 years after their receipt or production. Health care records may be retained in written form, or by microfilm or any other recognized form of size reduction, including, without limitation, microfiche, computer disc, magnetic tape and optical disc, which does not adversely affect their use for the purposes of NRS 629.061. Health care records may be created, authenticated and stored in a computer system which meets the requirements of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.
2. A provider of health care shall post, in a conspicuous place in each location at which the provider of health care performs health care services, a sign which discloses to patients that their health care records may be destroyed after the period set forth in subsection 1.
3. When a provider of health care performs health care services for a patient for the first time, the provider of health care shall deliver to the patient a written statement which discloses to the patient that the health care records of the patient may be destroyed after the period set forth in subsection 1.
κ2017 Statutes of Nevada, Page 2758 (CHAPTER 415, SB 291)κ
4. If a provider of health care fails to deliver the written statement to the patient pursuant to subsection 3, the provider of health care shall deliver to the patient the written statement described in subsection 3 when the provider of health care next performs health care services for the patient.
5. In addition to delivering a written statement pursuant to subsection 3 or 4, a provider of health care may deliver such a written statement to a patient at any other time.
6. A written statement delivered to a patient pursuant to this section may be included with other written information delivered to the patient by a provider of health care.
7. A [provider] custodian of health care records shall not destroy the health care records of a person who is less than 23 years of age on the date of the proposed destruction of the records. The health care records of a person who has attained the age of 23 years may be destroyed in accordance with this section for those records which have been retained for at least 5 years or for any longer period provided by federal law.
8. The provisions of this section do not apply to a pharmacist.
9. The State Board of Health shall adopt:
(a) Regulations prescribing the form, size, contents and placement of the signs and written statements required pursuant to this section; and
(b) Any other regulations necessary to carry out the provisions of this section.
Sec. 5. NRS 629.061 is hereby amended to read as follows:
629.061 1. Each [provider] custodian of health care records shall make the health care records of a patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient;
(b) The personal representative of the estate of a deceased patient;
(c) Any trustee of a living trust created by a deceased patient;
(d) The parent or guardian of a deceased patient who died before reaching the age of majority;
(e) An investigator for the Attorney General or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;
(f) An investigator for the Attorney General investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; [or]
(g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law [.] ; or
(h) Any coroner or medical examiner to identify a deceased person, determine a cause of death or perform other duties as authorized by law.
2. The records described in subsection 1 must be made available at a place within the depository convenient for physical inspection. Except as otherwise provided in subsection 3, if the records are located:
(a) Within this State, the [provider] custodian of health care records shall make any records requested pursuant to this section available for inspection within 10 working days after the request.
κ2017 Statutes of Nevada, Page 2759 (CHAPTER 415, SB 291)κ
(b) Outside this State, the [provider] custodian of health care records shall make any records requested pursuant to this section available in this State for inspection within 20 working days after the request.
3. If the records described in subsection 1 are requested pursuant to paragraph (e), (f) , [or] (g) or (h) of subsection 1 and the investigator, grand jury , [or] authorized representative, coroner or medical examiner, as applicable, declares that exigent circumstances exist which require the immediate production of the records, the [provider] custodian of health care records shall make any records which are located:
(a) Within this State available for inspection within 5 working days after the request.
(b) Outside this State available for inspection within 10 working days after the request.
4. Except as otherwise provided in subsection 5, the [provider] custodian of health care records shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.
5. The [provider] custodian of health care records shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the [provider of health care] custodian for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The [provider of health care] custodian shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the [provider of health care] custodian shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.
6. Each person who owns or operates an ambulance in this State shall make the records regarding a sick or injured patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient;
(b) The personal representative of the estate of a deceased patient;
(c) Any trustee of a living trust created by a deceased patient;
(d) The parent or guardian of a deceased patient who died before reaching the age of majority; or
(e) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
Κ The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies.
κ2017 Statutes of Nevada, Page 2760 (CHAPTER 415, SB 291)κ
each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.
7. Records made available to a representative or investigator must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
8. Subsection 7 does not prohibit:
(a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his or her attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and the attorney shall keep the information confidential.
(b) The Attorney General from using health care records in the course of a civil or criminal action against the patient or provider of health care.
9. A provider of health care , custodian of health care records or owner or operator of an ambulance and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
10. For the purposes of this section:
(a) Guardian means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.
(b) Health care records has the meaning ascribed to it in NRS 629.021, but also includes any billing statement, ledger or other record of the amount charged for medical services or care provided to a patient.
(c) Living trust means an inter vivos trust created by a natural person:
(1) Which was revocable by the person during the lifetime of the person; and
(2) Who was one of the beneficiaries of the trust during the lifetime of the person.
[(c)] (d) Parent means a natural or adoptive parent whose parental rights have not been terminated.
[(d)] (e) Personal representative has the meaning ascribed to it in NRS 132.265.
Sec. 6. NRS 629.063 is hereby amended to read as follows:
629.063 1. Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any other federal law or regulation:
(a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those records upon request by the provider of health care in the manner specified in NRS 629.061.
(b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records [of] created by the provider of health care, or copies thereof, to the provider of health care.
κ2017 Statutes of Nevada, Page 2761 (CHAPTER 415, SB 291)κ
2. A custodian of health care records who is not otherwise licensed pursuant to title 54 of NRS and violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.
3. In addition to any criminal penalties imposed pursuant to subsection 2, a custodian of health care records who violates a provision of this section is subject to a civil penalty of not [less] more than [$10,000] $5,000 for each violation [,] as applied to a patients entire health care record, to be recovered in a civil action brought in the district court in the county in which the provider of health cares principal place of business is located or in the district court of Carson City.
4. As used in this section, custodian of health care records [means any person having custody of any health care records pursuant to this chapter. The term] does not include:
(a) A facility for hospice care, as defined in NRS 449.0033;
(b) A facility for intermediate care, as defined in NRS 449.0038;
(c) A facility for skilled nursing, as defined in NRS 449.0039;
(d) A hospital, as defined in NRS 449.012; or
(e) A psychiatric hospital, as defined in NRS 449.0165.
Sec. 7. NRS 629.065 is hereby amended to read as follows:
629.065 1. Each [provider] custodian of health care records shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of the blood, breath or urine of the patient if:
(a) The patient is suspected of having violated NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(b) The records would aid in the related investigation.
Κ To the extent possible, the [provider of health care] custodian shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The [provider] custodian of health care records shall also furnish a copy of the records to each law enforcement agent or district attorney described in subsection 1 who requests the copy and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.
4. A [provider] custodian of health care records and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
5. As used in this section, prohibited substance has the meaning ascribed to it in NRS 484C.080.
Sec. 8. NRS 629.066 is hereby amended to read as follows:
629.066 1. After a patient provides to a provider of health care, and the provider of health care accepts from the patient, any information regarding a health care plan for the purpose of paying for a service which has been or may be rendered to the patient:
κ2017 Statutes of Nevada, Page 2762 (CHAPTER 415, SB 291)κ
(a) The [provider] custodian of health care records of the patient shall maintain a record of the information provided by the patient; and
(b) If the provider of health care fails to submit any claim for payment of any portion of any charge pursuant to the terms of the health care plan, the provider of health care shall not request or require payment from the patient of any portion of the charge beyond the portion of the charge which the patient would have been required to pay pursuant to the terms of the health care plan if the provider of health care had submitted the claim for payment pursuant to the terms of the health care plan.
2. The provisions of paragraph (b) of subsection 1 do not apply to a claim if the patient provides information to the provider of health care which is inaccurate, outdated or otherwise causes the provider of health care to submit the claim in a manner which violates the terms of the health care plan.
3. Any provision of any agreement between a patient and a provider of health care which conflicts with the provisions of this section is void.
4. As used in this section, health care plan has the meaning ascribed to it in NRS 679B.520.
Sec. 9. NRS 629.068 is hereby amended to read as follows:
629.068 1. A [provider] custodian of health care records shall, upon request of the Director of the Department of Corrections or the designee of the Director, provide the Department of Corrections with a complete copy of the health care records of an offender confined at the state prison.
2. Records provided to the Department of Corrections must not be used at any public hearing unless:
(a) The offender named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the offender from public disclosure.
3. A [provider] custodian of health care records and [an] any agent or employee of [a provider of health care] the custodian are immune from civil liability for a disclosure made in accordance with the provisions of this section.
Sec. 9.5. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a licensee becomes unable to practice because of death, disability, incarceration or any other incapacitation, the Board may take possession of the health care records of patients of the licensee kept by the custodian of health care records pursuant to NRS 629.051 to:
(a) Make the health care records of a patient available to the patient either directly or through a third-party vendor; or
(b) Forward the health care records of a patient to the patients subsequent provider of health care.
2. A licensee shall post, in a conspicuous place in each location at which the licensee provides health care services, a sign which discloses to patients that their health care records may be accessed by the Board pursuant to subsection 1.
3. When a licensee provides health care services for a patient for the first time, the licensee shall deliver to the patient a written statement which discloses to the patient that the health care records of the patient may be accessed by the Board pursuant to subsection 1.
4. The Board shall adopt:
κ2017 Statutes of Nevada, Page 2763 (CHAPTER 415, SB 291)κ
(a) Regulations prescribing the form, size, contents and placement of the sign and written statement required by this section; and
(b) Any other regulations necessary to carry out the provisions of this section.
5. As used in this section:
(a) Custodian of health care records has the meaning ascribed to it in section 1 of this act.
(b) Health care records has the meaning ascribed to it in NRS 629.021.
Sec. 10. NRS 630.3062 is hereby amended to read as follows:
630.3062 1. The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
[1.] (a) Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.
[2.] (b) Altering medical records of a patient.
[3.] (c) Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or knowingly or willfully obstructing or inducing another to obstruct such filing.
[4.] (d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061 [.
5.] , if the licensee is the custodian of health care records with respect to those records.
(e) Failure to comply with the requirements of NRS 630.3068.
[6.] (f) 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.
[7.] (g) Failure to comply with the requirements of NRS 453.163 or 453.164.
2. As used in this section, custodian of health care records has the meaning ascribed to it in section 1 of this act.
Sec. 11. NRS 631.3485 is hereby amended to read as follows:
631.3485 1. The following acts, among others, constitute unprofessional conduct:
[1.] (a) Willful or repeated violations of the provisions of this chapter;
[2.] (b) Willful or repeated violations of the regulations of the State Board of Health, the State Board of Pharmacy or the Board of Dental Examiners of Nevada;
[3.] (c) Failure to pay the fees for a license; or
[4.] (d) Failure to make the health care records of a patient available for inspection and copying as provided in NRS 629.061 [.] , if the dentist or dental hygienist is the custodian of health care records with respect to those records.
2. As used in this section, custodian of health care records has the meaning ascribed to it in section 1 of this act.
Sec. 12. NRS 633.131 is hereby amended to read as follows:
633.131 1. Unprofessional conduct includes:
(a) Knowingly or willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or to practice as a physician assistant, or in applying for the renewal of a license to practice osteopathic medicine or to practice as a physician assistant.
κ2017 Statutes of Nevada, Page 2764 (CHAPTER 415, SB 291)κ
(b) Failure of a person who is licensed to practice osteopathic medicine to identify himself or herself professionally by using the term D.O., osteopathic physician, doctor of osteopathy or a similar term.
(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his or her professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine or in practice as a physician assistant, or the aiding or abetting of any unlicensed person to practice osteopathic medicine or to practice as a physician assistant.
(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance.
(i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body, other than the use of silicone oil to repair a retinal detachment.
(j) Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.
(k) Knowingly or willfully disobeying regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.
(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
(m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.
(n) Making alterations to the medical records of a patient that the licensee knows to be false.
(o) Making or filing a report which the licensee knows to be false.
(p) Failure of a licensee to file a record or report as required by law, or knowingly or willfully obstructing or inducing any person to obstruct such filing.
κ2017 Statutes of Nevada, Page 2765 (CHAPTER 415, SB 291)κ
(q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061 [.] , if the licensee is the custodian of health care records with respect to those records.
(r) Providing false, misleading or deceptive information to the Board in connection with an investigation conducted by the Board.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;
(b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each person; or
(c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.
3. As used in this section, custodian of health care records has the meaning ascribed to it in section 1 of this act.
Sec. 12.3. NRS 440.470 is hereby amended to read as follows:
440.470 The funeral director or person acting as undertaker shall present the certificate to the attending physician [,] or attending advanced practice registered nurse, if any, or to the health officer or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record [.] unless the attending physician or attending advanced practice registered nurse initiated the record of death and provided the required information at the time of death.
Sec. 12.7. NRS 440.735 is hereby amended to read as follows:
440.735 [It]
1. Except as otherwise provided in subsection 2, it is unlawful for any person to affix his or her signature to an uncompleted death certificate.
2. A physician, advanced practice registered nurse, health officer or coroner may affix his or her signature to an uncompleted death certificate after completing the portions of the death certificate applicable to the physician, advanced practice registered nurse, health officer or coroner.
Sec. 13. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2766κ
Assembly Bill No. 467Committee on Government Affairs
CHAPTER 416
[Approved: June 5, 2017]
AN ACT relating to state employees; requiring the Governor to appoint alternate members to the Personnel Commission in the Division of Human Resource Management of the Department of Administration; revising the requirements for establishing a quorum of the Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the appointment of five members to the Personnel Commission in the Division of Human Resource Management of the Department of Administration and establishes that three members of the Commission constitute a quorum. Existing law further authorizes a quorum to exercise any power conferred on the Commission other than adopting, amending or rescinding regulations of the Commission which requires a majority vote of the entire Commission. (NRS 284.030, 284.055) Sections 1 and 2 of this bill: (1) require the Governor to appoint five alternate members to the Commission; (2) revise the quorum requirements of the Commission; and (3) provide that a majority vote of the five members of the Commission is required for any action by the Commission.
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 284.030 is hereby amended to read as follows:
284.030 1. There is hereby created in the Division a Personnel Commission composed of five members appointed by the Governor.
2. The Governor shall appoint:
(a) Three members who are representatives of the general public and have a demonstrated interest in or knowledge of the principles of public personnel administration.
(b) One member who is a representative of labor and has a background in personnel administration.
(c) One member who is a representative of employers or managers and has a background in personnel administration.
(d) An alternate member for each member appointed pursuant to paragraphs (a), (b) and (c) to serve when the regular member is unable to attend a meeting of the Commission.
Sec. 2. NRS 284.055 is hereby amended to read as follows:
284.055 1. The members of the Commission may meet at the times and places specified by the call of the Chair or a majority of the Commission, but a meeting of the Commission must be held regularly at least once every 3 months.
2. [Three] Five members of the Commission constitute a quorum. [A quorum may exercise any power conferred on the Commission, but no regulations may be adopted, amended or rescinded except by a] A majority vote of the [entire membership] five members of the Commission [.]
κ2017 Statutes of Nevada, Page 2767 (CHAPTER 416, AB 467)κ
vote of the [entire membership] five members of the Commission [.] is required for any official action taken by the Commission, including, without limitation:
(a) To adopt, amend or rescind a regulation of the Commission; and
(b) To decide an appeal to the Commission made by an employee in the public service of the State.
3. If an alternate member attends a meeting of the Commission in place of the regular member, the alternate member fully assumes the duties, rights and responsibilities of the replaced regular member for the duration of that meeting and is entitled to the compensation, allowances and expenses otherwise payable for members who attend the meeting.
4. The Commission shall keep minutes and audio recordings or transcripts of the transactions of each meeting. Except as otherwise provided in NRS 241.035, the minutes, audio recordings and transcripts are public records and must be filed with the Division. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Secs. 3-7. (Deleted by amendment.)
Sec. 8. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 343Assemblyman Ohrenschall
CHAPTER 417
[Approved: June 5, 2017]
AN ACT relating to group homes; requiring the Legislative Committee on Health Care to conduct an interim study concerning the rates paid by the State to the group homes contracted with Southern Nevada Adult Mental Health Services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Legislative Committee on Health Care to conduct an interim study concerning the rates paid by the State to the group homes contracted with Southern Nevada Adult Mental Health Services. In relevant part, the Committee must review and evaluate the current rates that are paid by the State to the group homes contracted with Southern Nevada Adult Mental Health Services and whether any changes in the rates may be necessary.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislative Committee on Health Care shall conduct an interim study concerning the rates paid by the State to the group homes contracted with Southern Nevada Adult Mental Health Services.
2. The study must include, without limitation:
κ2017 Statutes of Nevada, Page 2768 (CHAPTER 417, AB 343)κ
(a) A comprehensive review and evaluation of the rates paid by the State to the group homes contracted with Southern Nevada Adult Mental Health Services and whether any changes in the rates may be necessary;
(b) A comprehensive evaluation of the impact a change in such rates would have on group homes contracted with Southern Nevada Adult Mental Health Services as well as on any person who uses the services provided by such group homes;
(c) A comprehensive evaluation of state and federal funding for the group homes contracted with Southern Nevada Adult Mental Health Services and the impact a change in the rates paid by the State to such group homes would have on such funding;
(d) Consideration of the applicable provisions of federal law; and
(e) An examination of any other matter that the Legislative Committee on Health Care determines to be relevant to the study.
3. The Legislative Committee on Health Care shall ensure that the persons and entities that manage the group homes contracted with Southern Nevada Adult Mental Health Services or provide services on behalf of group homes contracted with Southern Nevada Adult Mental Health Services are involved in the study.
4. The Legislative Committee on Health Care shall submit a report of the results of the study conducted pursuant to subsection 2 and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 80th Session of the Nevada Legislature.
5. As used in this section, group homes includes, without limitation, the facilities, homes, houses and institutions that are:
(a) Contracted with Southern Nevada Adult Mental Health Services; and
(b) Described in subsection 1 of NRS 244.3549.
Sec. 2. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 122Assemblywoman Benitez-Thompson
CHAPTER 418
[Approved: June 6, 2017]
AN ACT relating to victims of crime; removing the prohibition on awarding compensation to certain victims of crime who do not meet certain citizenship or residency requirements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Board of Examiners to award compensation to certain victims of crime. (NRS 217.160, 217.180) Existing law prohibits compensation from being awarded to a victim who was not a citizen or lawful resident of the United States at the time of the crime or who is unable to provide proof of such citizenship or lawful residency. (NRS 217.220)
Section 2 of this bill removes that prohibition. Section 1.3 of this bill revises the definition of resident for the purposes of provisions relating to the compensation of victims of crime to remove the requirement that a person must be a citizen or lawful resident of the United States in order to be a resident.
κ2017 Statutes of Nevada, Page 2769 (CHAPTER 418, AB 122)κ
Under existing law, a victim of a crime who is a resident of this State is eligible for compensation in certain circumstances when the crime occurs outside this State, including when it is an act of international terrorism which occurred outside the United States. (18 U.S.C. § 2331; NRS 217.035, 217.070, 217.102) Sections 1, 1.5 and 1.7 of this bill authorize compensation to be paid to a victim of a crime committed in this State even if the victim was not a resident of 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 217.035 is hereby amended to read as follows:
217.035 Crime means:
1. An act or omission committed within this state which, if committed by an adult, is forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline; or
2. An act of international terrorism as defined in 18 U.S.C. § 2331(1) against a [resident.] person.
Sec. 1.3. NRS 217.065 is hereby amended to read as follows:
217.065 Resident means a person who [:
1. Is a citizen of the United States or who is lawfully entitled to reside in the United States; and
2. During] , during the 6 weeks preceding the date of the crime , was [:
(a) Domiciled] domiciled in this state [;] and
[(b) Physically] physically present in this state, except for any temporary absence.
Sec. 1.5. NRS 217.070 is hereby amended to read as follows:
217.070 1. Victim means:
[1.] (a) A person who is physically injured or killed as the direct result of a criminal act;
[2.] (b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;
[3.] (c) A minor who was sexually abused, as sexual abuse is defined in NRS 432B.100;
[4.] (d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;
[5.] (e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;
[6.] (f) An older person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;
[7.] (g) A [resident] person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1); or
[8.] (h) A person who is trafficked in violation of subsection 2 of NRS 201.300.
[Κ]
2. The term includes [a] any person who was harmed by [any of these acts whether the act was committed by an adult or a minor.] an act listed in subsection 1, regardless of whether:
(a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or
κ2017 Statutes of Nevada, Page 2770 (CHAPTER 418, AB 122)κ
(b) The act was committed by an adult or a minor.
Sec. 1.7. NRS 217.102 is hereby amended to read as follows:
217.102 1. A resident who is a victim of a crime that occurred in a state other than the State of Nevada may apply to the Board for compensation if:
[1.] (a) The state in which the crime occurred does not have a program for compensating victims of crime for their injuries; or
[2.] (b) The resident is ineligible to receive compensation under the program of the other state.
2. A victim of a crime that occurred in this State who is not a resident of this State may apply to the Board for compensation in the same manner as a resident of this State.
Sec. 2. NRS 217.220 is hereby amended to read as follows:
217.220 1. Except as otherwise provided in subsections 2 and 3, compensation must not be awarded if the victim:
(a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484C.110 or the use of the vehicle was punishable pursuant to NRS 484C.430 or 484C.440;
(b) [Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or the victim is unable to provide proof that the victim was a citizen of the United States or was lawfully entitled to reside in the United States at that time;
(c)] Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victims injuries;
[(d)] (c) Was injured or killed while serving a sentence of imprisonment in a prison or jail;
[(e)] (d) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to title 5 of NRS; or
[(f)] (e) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.
2. Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484C.110 or is punishable pursuant to NRS 484C.430 or 484C.440.
3. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.
4. The compensation officer may deny an award if the compensation officer determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:
(a) The value of the victims dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal to the victims annual salary.
Sec. 3. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2771κ
Assembly Bill No. 123Assemblyman Ellison
CHAPTER 419
[Approved: June 6, 2017]
AN ACT relating to business organizations; revising provisions governing the initial and annual lists filed with the Secretary of State by business entities; revising provisions relating to a series created by a limited-liability company; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each business entity organizing under the laws of this State or transacting business in this State to: (1) file with the Secretary of State an initial and an annual list of the directors and officers of the entity or the persons holding the equivalent office; and (2) pay a fee for that filing. Under existing law, the initial list must be filed with the Secretary of State on or before the last day of the month after the entity is organized or begins transacting business in this State or on an alternative date approved by the Secretary of State. (NRS 78.150, 80.110, 82.523, 86.263, 86.5461, 87.510, 87.541, 87A.290, 87A.560, 88.395, 88.591, 88A.600, 88A.732, 89.250) Sections 1-3, 8 and 11-20 of this bill require: (1) a domestic entity to file the initial list at the time that the domestic entity files its organizational documents with the Secretary of State or on the alternate date; and (2) a foreign entity to file the initial list at the time that the foreign entity registers with the Secretary of State to transact business in this State or on the alternate date. Under sections 1-3, 8 and 11-20, if an entity files an amended list within 60 days after the filing of its initial list, the Secretary of State must not charge a fee for filing that amended list.
Existing law authorizes the articles of organization or operating agreement of a limited-liability company to create one or more series of members with separate rights, powers or duties with respect to the property or obligations of the company. (NRS 86.296) Section 7 of this bill requires a limited-liability company, if the company intends to create one or more series, to include in its articles of organization a statement to that effect. If the articles of organization include such a statement, section 9 of this bill authorizes a series to be created by the articles of organization or adoption of an operating agreement by the members of the series. Section 4 of this bill provides that if the articles of organization or operating agreement of a limited-liability company creates one or more series, the registered agent of the limited-liability company shall be deemed to be the registered agent of any series of the company.
Under existing law, the liabilities of a series are enforceable only against the assets of that series and not against the assets of the company or any other series if: (1) the articles of organization or an amendment to those articles contain certain statements indicating that the company is to have one or more such series; and (2) separate and distinct records are maintained for each series and the assets associated with each series are held, directly or indirectly, and accounted for separately from the other assets of the company and any other series. (NRS 86.161, 86.296) Existing law further provides that property owned or purchased by a limited-liability company must be held, owned and conveyed in the name of the company. (NRS 86.311)
Section 10 of this bill clarifies that a series may purchase, own and convey property in the name of the series, as an asset of the series. Section 10 also specifies the persons who are authorized to bind a series to an instrument or record providing for the acquisition, mortgage or disposition of property by the series. Section 9 expands the powers of a series to authorize a series to sue and be sued in its own name, make contracts in its own name and purchase, own and convey property. Section 9 also clarifies that the liabilities of a series are enforceable only against the assets of that series and not against the assets of the company or any other series if: (1) the articles of organization contain a statement indicating that the company is authorized to have one or more series; (2) separate and distinct records are maintained for each series and the assets associated with each series are held and accounted for separately; and (3) the articles of organization or operating agreement indicates that the liabilities with respect to a particular series are enforceable against only the assets of that series.
κ2017 Statutes of Nevada, Page 2772 (CHAPTER 419, AB 123)κ
assets of that series and not against the assets of the company or any other series if: (1) the articles of organization contain a statement indicating that the company is authorized to have one or more series; (2) separate and distinct records are maintained for each series and the assets associated with each series are held and accounted for separately; and (3) the articles of organization or operating agreement indicates that the liabilities with respect to a particular series are enforceable against only the assets of that series.
Existing law requires that a person doing business in this State under an assumed or fictitious name which is different from the legal name of each person who owns an interest in the business must file a certificate with the county clerk of each county in which the business is being conducted. (NRS 602.010) Section 21 of this bill provides that a series shall be deemed to be doing business under an assumed name if the name of the series does not indicate: (1) that it is a series; and (2) the name of the limited-liability company which created the series. Section 22 of this bill requires a series to provide certain information in the certificate required to be filed pursuant to section 21.
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 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized pursuant to the laws of this State shall, [on or before the last day of the first month after] at the time of the filing of its articles of incorporation with the Secretary of State or, if the corporation has selected an alternative due date pursuant to subsection [11,] 12, on or before that alternative due date, file with the Secretary of State a list, on a form furnished by the Secretary of State, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of the president, secretary and treasurer, or the equivalent thereof, and of all the directors of the corporation;
(d) The address, either residence or business, of each officer and director listed, following the name of the officer or director; and
(e) The signature of an officer of the corporation, or some other person specifically authorized by the corporation to sign the list, certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year , or, if, pursuant to subsection [11,] 12, the corporation has selected an alternative due date for filing the list required by subsection 1, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information required in subsection 1.
3. Each list required by subsection 1 or 2 must be accompanied by:
(a) A declaration under penalty of perjury that:
(1) The corporation has complied with the provisions of chapter 76 of NRS;
(2) The corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
κ2017 Statutes of Nevada, Page 2773 (CHAPTER 419, AB 123)κ
(3) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.
(b) A statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on the Secretary of States Internet website the Central Index Key of a corporation provided pursuant to this paragraph and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.
4. Upon filing the list required by:
(a) Subsection 1, the corporation shall pay to the Secretary of State a fee of $150.
(b) Subsection 2, the corporation shall pay to the Secretary of State, if the amount represented by the total number of shares provided for in the articles is:
$75,000 or less........................................................................................ $150
Over $75,000 and not over $200,000.................................................. 200
Over $200,000 and not over $500,000................................................ 300
Over $500,000 and not over $1,000,000............................................. 400
Over $1,000,000:
For the first $1,000,000.................................................................... 400
For each additional $500,000 or fraction thereof....................... 275
Κ The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is $11,125.
5. If a corporation files an amended list of directors and officers with the Secretary of State within 60 days after the date on which the list required by subsection 1 is filed, the corporation or the resigning director or officer is not required to pay a fee for filing the amended list.
6. Except as otherwise provided in subsection 5, if a director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay to the Secretary of State a fee of $75 to file the resignation.
[6.] 7. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 2, provide to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by law.
[7.] 8. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.
[8.] 9. An annual list for a corporation not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and must be accompanied by the appropriate fee as provided in subsection 4 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
κ2017 Statutes of Nevada, Page 2774 (CHAPTER 419, AB 123)κ
submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
[9.] 10. A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[10.] 11. For the purposes of this section, a stockholder is not deemed to exercise actual control of the daily operations of a corporation based solely on the fact that the stockholder has voting control of the corporation.
[11.] 12. The Secretary of State may allow a corporation to select an alternative due date for filing the list required by subsection 1.
[12.] 13. The Secretary of State may adopt regulations to administer the provisions of subsection [11.] 12.
Sec. 2. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this State shall, [on or before the last day of the first month after] at the time that the information required by NRS 80.010 is filed with the Secretary of State , or, if the foreign corporation has selected an alternative due date pursuant to subsection [9,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
(a) The names and addresses, either residence or business, of its president, secretary and treasurer, or the equivalent thereof, and all of its directors; and
(b) The signature of an officer of the corporation or some other person specifically authorized by the corporation to sign the list.
2. Each list filed pursuant to subsection 1 must be accompanied by:
(a) A declaration under penalty of perjury that:
(1) The foreign corporation has complied with the provisions of chapter 76 of NRS;
(2) The foreign corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
(3) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.
(b) A statement as to whether the foreign corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on the Secretary of States Internet website the Central Index Key of a corporation provided pursuant to this subsection and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.
3. Upon filing:
(a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $150.
κ2017 Statutes of Nevada, Page 2775 (CHAPTER 419, AB 123)κ
(b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State, if the amount represented by the total number of shares provided for in the articles is:
$75,000 or less........................................................................................ $150
Over $75,000 and not over $200,000.................................................. 200
Over $200,000 and not over $500,000................................................ 300
Over $500,000 and not over $1,000,000............................................ 400
Over $1,000,000:
For the first $1,000,000.................................................................... 400
For each additional $500,000 or fraction thereof....................... 275
Κ The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is $11,125.
4. If a foreign corporation files an amended list of directors and officers with the Secretary of State within 60 days after the date on which the initial list required by subsection 1 is filed, the foreign corporation or the resigning director or officer is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay to the Secretary of State a fee of $75 to file the resignation.
[5.] 6. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each corporation which is required to comply with the provisions of NRS 80.110 to 80.175, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list pursuant to subsection 1. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.175, inclusive.
[6.] 7. An annual list for a corporation not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[7.] 8. A person who files with the Secretary of State a list required by subsection 1 which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[8.] 9. For the purposes of this section, a stockholder is not deemed to exercise actual control of the daily operations of a corporation based solely on the fact that the stockholder has voting control of the corporation.
[9.] 10. The Secretary of State may allow a foreign corporation to select an alternative due date for filing the initial list required by subsection 1.
[10.] 11. The Secretary of State may adopt regulations to administer the provisions of subsection [9.] 10.
Sec. 3. NRS 82.523 is hereby amended to read as follows:
82.523 1. Each foreign nonprofit corporation doing business in this State shall, [on or before the last day of the first month after] at the time of the filing of its application for registration as a foreign nonprofit corporation with the Secretary of State , or, if the foreign nonprofit corporation has selected an alternative due date pursuant to subsection [9,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
κ2017 Statutes of Nevada, Page 2776 (CHAPTER 419, AB 123)κ
selected an alternative due date pursuant to subsection [9,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
(a) The name of the foreign nonprofit corporation;
(b) The file number of the foreign nonprofit corporation, if known;
(c) The names and titles of the president, the secretary and the treasurer, or the equivalent thereof, and all the directors of the foreign nonprofit corporation;
(d) The address, either residence or business, of the president, secretary and treasurer, or the equivalent thereof, and each director of the foreign nonprofit corporation; and
(e) The signature of an officer of the foreign nonprofit corporation, or some other person specifically authorized by the foreign nonprofit corporation to sign the list, certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:
(a) The foreign nonprofit corporation has complied with the provisions of chapter 76 of NRS;
(b) The foreign nonprofit corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
(c) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.
3. Upon filing the initial list and each annual list pursuant to this section, the foreign nonprofit corporation must pay to the Secretary of State a fee of $50.
4. If a foreign nonprofit corporation files an amended list of officers and directors with the Secretary of State within 60 days after the filing of the initial list pursuant to this section, the foreign nonprofit corporation is not required to pay a fee for filing the amended list.
5. The Secretary of State shall, 60 days before the last day for filing each annual list, provide to each foreign nonprofit corporation which is required to comply with the provisions of NRS 82.523 to 82.524, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign nonprofit corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 82.523 to 82.524, inclusive.
[5.] 6. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
[6.] 7. An annual list for a foreign nonprofit corporation not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
κ2017 Statutes of Nevada, Page 2777 (CHAPTER 419, AB 123)κ
[7.] 8. A person who files with the Secretary of State a list pursuant to this section which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[8.] 9. For the purposes of this section, a member of a foreign nonprofit corporation is not deemed to exercise actual control of the daily operations of the foreign nonprofit corporation based solely on the fact that the member has voting control of the foreign nonprofit corporation.
[9.] 10. The Secretary of State may allow a foreign nonprofit corporation to select an alternative due date for filing the initial list required by this section.
[10.] 11. The Secretary of State may adopt regulations to administer the provisions of subsection [9.] 10.
Sec. 4. Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the articles of organization or operating agreement of a limited-liability company creates one or more series, the registered agent of the company shall be deemed to be the registered agent for each series of the limited-liability company.
2. Each series may be served with any legal process, notice or demand required or authorized by law by serving the registered agent of the limited-liability company which authorized the creation of the series.
Sec. 5. NRS 86.061 is hereby amended to read as follows:
86.061 Limited-liability company or company means a limited-liability company organized by filing articles of organization with the Secretary of State and existing under this chapter, including a restricted limited-liability company.
Sec. 6. NRS 86.1255 is hereby amended to read as follows:
86.1255 Series and series of members are synonymous terms and, unless the context otherwise requires, [mean a series of members interests having separate rights, powers or duties with respect to property, obligations or profits and losses associated with property or obligations, which are specified in the articles of organization or operating agreement or specified by one or more members or managers or other persons as provided in the articles of organization or operating agreement.] means a limited-liability company whose creation has been authorized pursuant to subsection 2 of NRS 86.296 by a limited-liability company formed by filing articles of organization with the Secretary of State pursuant to NRS 86.151.
Sec. 7. NRS 86.161 is hereby amended to read as follows:
86.161 1. The articles of organization must set forth:
(a) The name of the limited-liability company;
(b) The information required pursuant to NRS 77.310;
(c) The name and address, either residence or business, of each of the organizers signing the articles;
(d) If the company is to be managed by:
(1) One or more managers, the name and address, either residence or business, of each initial manager; or
(2) The members, the name and address, either residence or business, of each initial member;
(e) If the company is authorized to have one or more series of members , [and the debts or liabilities of any series are to be enforceable against the assets of that series only and not against the assets of another series or the company generally,] a statement to that effect ; [and a statement:
κ2017 Statutes of Nevada, Page 2778 (CHAPTER 419, AB 123)κ
against the assets of that series only and not against the assets of another series or the company generally,] a statement to that effect ; [and a statement:
(1) Setting forth the relative rights, powers and duties of the series; or
(2) Indicating that the relative rights, powers and duties of the series will be set forth in the operating agreement or established as provided in the operating agreement;] and
(f) If the company is to be a restricted limited-liability company, a statement to that effect.
2. The articles may set forth any other provision, not inconsistent with law, which the members elect to set out in the articles of organization for the regulation of the internal affairs of the company, including any provisions which under this chapter are required or permitted to be set out in the operating agreement of the company.
3. It is not necessary to set out in the articles of organization:
(a) The rights of the members to contract debts on behalf of the limited-liability company if the limited-liability company is managed by its members;
(b) The rights of the manager or managers to contract debts on behalf of the limited-liability company if the limited-liability company is managed by a manager or managers; or
(c) Any of the powers enumerated in this chapter.
Sec. 8. NRS 86.263 is hereby amended to read as follows:
86.263 1. A limited-liability company shall, [on or before the last day of the first month after] at the time of the filing of its articles of organization with the Secretary of State , or, if the limited-liability company has selected an alternative due date pursuant to subsection [11,] 12, on or before that alternative due date, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:
(a) The name of the limited-liability company;
(b) The file number of the limited-liability company, if known;
(c) The names and titles of all of its managers or, if there is no manager, all of its managing members;
(d) The address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member; and
(e) The signature of a manager or managing member of the limited-liability company, or some other person specifically authorized by the limited-liability company to sign the list, certifying that the list is true, complete and accurate.
2. The limited-liability company shall thereafter, on or before the last day of the month in which the anniversary date of its organization occurs , or, if, pursuant to subsection [11,] 12, the limited-liability company has selected an alternative due date for filing the list required by subsection 1, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information required in subsection 1.
3. Each list required by subsections 1 and 2 must be accompanied by a declaration under penalty of perjury that:
κ2017 Statutes of Nevada, Page 2779 (CHAPTER 419, AB 123)κ
(a) The limited-liability company has complied with the provisions of chapter 76 of NRS;
(b) The limited-liability company acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(c) None of the managers or managing members identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct.
4. Upon filing:
(a) The initial list required by subsection 1, the limited-liability company shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 2, the limited-liability company shall pay to the Secretary of State a fee of $150.
5. If a limited-liability company files an amended list of managers and managing members with the Secretary of State within 60 days after the date on which the initial list required by subsection 1 is filed, the limited-liability company or the resigning manager or managing member is not required to pay a fee for filing the amended list.
6. Except as otherwise provided in subsection 5, if a manager or managing member of a limited-liability company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.
[6.] 7. The Secretary of State shall, 90 days before the last day for filing each list required by subsection 2, provide to each limited-liability company which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due under subsection 4 and a reminder to file the list required by subsection 2. Failure of any company to receive a notice does not excuse it from the penalty imposed by law.
[7.] 8. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.
[8.] 9. An annual list for a limited-liability company not in default received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year.
[9.] 10. A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[10.] 11. For the purposes of this section, a member is not deemed to exercise actual control of the daily operations of a limited-liability company based solely on the fact that the member has voting control of the limited-liability company.
[11.] 12. The Secretary of State may allow a limited-liability company to select an alternative due date for filing the list required by subsection 1.
[12.] 13. The Secretary of State may adopt regulations to administer the provisions of subsection [11.] 12.
κ2017 Statutes of Nevada, Page 2780 (CHAPTER 419, AB 123)κ
Sec. 9. NRS 86.296 is hereby amended to read as follows:
86.296 1. The articles of organization or operating agreement of a limited-liability company may create classes of members or managers, define their relative rights, powers and duties, and may authorize the creation, in the manner provided in the operating agreement, of additional classes of members or managers with the relative rights, powers and duties as may from time to time be established, including, without limitation, rights, powers and duties senior to existing classes of members or managers. The articles of organization or operating agreement may provide that any member, or class or group of members, has voting rights that differ from other classes or groups.
2. The articles of organization or operating agreement of a limited-liability company may [create] authorize the creation of one or more series of members, or vest authority in one or more members or managers of the company or in other persons to create one or more series of members, including, without limitation, rights, powers and duties senior to existing series of members. A series may be created as a limited-liability company, without the filing of articles of organization with the Secretary of State, by the adoption of an operating agreement by the members of the series. The [articles of organization or] operating agreement of the series may provide that any member associated with [a] the series has voting rights that differ from other members or series, or no voting rights at all. A series may [have] :
(a) Have separate powers, rights or duties with respect to specified property or obligations of the company or profits and losses associated with specified property or obligations [, and any series may have] ;
(b) Have a separate business purpose or investment objective [.] ;
(c) Sue and be sued, complain and defend, in its own name;
(d) Make contracts in its own name;
(e) Purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or an interest in it, wherever situated; and
(f) Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets.
3. The debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series are enforceable against the assets of that series only, and not against the assets of the company generally or any other series, if:
(a) Separate and distinct records are maintained for the series and the assets associated with the series are held, directly or indirectly, including through a nominee or otherwise, and accounted for separately from the other assets of the company and any other series; and
(b) [The articles of organization comply, or an amendment to the articles complies, with the provisions of paragraph (e) of subsection 1 of NRS 86.161.
Κ Unless otherwise provided in the articles of organization or operating agreement, no debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the company generally or any other series are enforceable against the assets of the series.
4.] The articles of organization or operating agreement [may provide] provides that the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series are enforceable against the assets of that series only, and not against the assets of the company generally or any other series.
κ2017 Statutes of Nevada, Page 2781 (CHAPTER 419, AB 123)κ
enforceable against the assets of that series only, and not against the assets of the company generally or any other series.
[5.] 4. Unless otherwise provided in the articles of organization or operating agreement, any event described in this chapter or in the articles of organization or operating agreement that causes a manager to cease to be a manager with respect to a series does not, in itself, cause the manager to cease to be a manager with respect to the company or with respect to any other series. Unless otherwise provided in the articles of organization or operating agreement, any event described in this chapter or in the articles of organization or operating agreement that causes a manager to cease to be associated with a series does not, in itself, cause the member to cease to be associated with any other series, terminate the continued membership of a member in the company or cause the termination of the series, regardless of whether the member was the last remaining member associated with the series.
Sec. 10. NRS 86.311 is hereby amended to read as follows:
86.311 [Real]
1. Except as otherwise provided in subsection 2, real and personal property owned or purchased by a company must be held and owned, and conveyance made, in the name of the company. Except as otherwise provided in the companys articles of organization or operating agreement, instruments and records providing for the acquisition, mortgage or disposition of property of the company are valid and binding upon the company if signed by:
[1.] (a) One or more managers of a company which is managed by a manager or managers;
[2.] (b) Any member of a company which is managed by its members;
[3.] (c) Any agent, officer, employee or other representative of the company authorized in the operating agreement or in another writing by a manager or managers, if the company is managed by a manager or managers; or
[4.] (d) Any agent, officer, employee or other representative of the company authorized in the operating agreement or in another writing by a member, if the company is managed by its members.
2. Real and personal property may be purchased, owned and conveyed by a series separately in the name of the series, as the asset of the series only. Except as otherwise provided in the articles of organization or operating agreement of the series, instruments and records providing for the acquisition, mortgage or disposition of property by a series are valid and binding upon the series if signed by:
(a) One or more managers of the series, if the series is managed by a manager or managers;
(b) Any member associated with the series, if the series is managed by the members associated with the series;
(c) Any agent, officer, employee or other representative of the series authorized in the operating agreement or in another writing by a manager or managers of the series, if the series is managed by a manager or managers; or
(d) Any agent, officer, employee or other representative of the series authorized in the operating agreement or in another writing by a member associated with the series, if the series is managed by its members.
κ2017 Statutes of Nevada, Page 2782 (CHAPTER 419, AB 123)κ
Sec. 11. NRS 86.5461 is hereby amended to read as follows:
86.5461 1. Each foreign limited-liability company doing business in this State shall, [on or before the last day of the first month after] at the time of the filing of its application for registration as a foreign limited-liability company with the Secretary of State , or, if the foreign limited-liability company has selected an alternative due date pursuant to subsection [10,] 11, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list on a form furnished by the Secretary of State that contains:
(a) The name of the foreign limited-liability company;
(b) The file number of the foreign limited-liability company, if known;
(c) The names and titles of all its managers or, if there is no manager, all its managing members;
(d) The address, either residence or business, of each manager or managing member listed pursuant to paragraph (c); and
(e) The signature of a manager or managing member of the foreign limited-liability company, or some other person specifically authorized by the foreign limited-liability company to sign the list, certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:
(a) The foreign limited-liability company has complied with the provisions of chapter 76 of NRS;
(b) The foreign limited-liability company acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
(c) None of the managers or managing members identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct.
3. Upon filing:
(a) The initial list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of $150.
4. If a foreign limited-liability company files an amended list of managers and managing members with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the foreign limited-liability company or the resigning manager or managing member is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a manager or managing member of a foreign limited-liability company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the foreign limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.
[5.] 6. The Secretary of State shall, 90 days before the last day for filing each annual list required by this section, provide to each foreign limited-liability company which is required to comply with the provisions of NRS 86.5461 to 86.5468, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1.
κ2017 Statutes of Nevada, Page 2783 (CHAPTER 419, AB 123)κ
NRS 86.5461 to 86.5468, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited-liability company to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 86.5461 to 86.5468, inclusive.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a foreign limited-liability company not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of this section for the year to which the due date is applicable.
[8.] 9. A person who files with the Secretary of State a list required by this section which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing members in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[9.] 10. For the purposes of this section, a member is not deemed to exercise actual control of the daily operations of a foreign limited-liability company based solely on the fact that the member has voting control of the foreign limited-liability company.
[10.] 11. The Secretary of State may allow a foreign limited-liability company to select an alternative due date for filing the initial list required by this section.
[11.] 12. The Secretary of State may adopt regulations to administer the provisions of subsection [10.] 11.
Sec. 12. NRS 87.510 is hereby amended to read as follows:
87.510 1. A registered limited-liability partnership shall, [on or before the last day of the first month after] at the time of the filing of its certificate of registration with the Secretary of State , or, if the registered limited-liability partnership has selected an alternative due date pursuant to subsection [8,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration with the Secretary of State occurs , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:
(a) The name of the registered limited-liability partnership;
(b) The file number of the registered limited-liability partnership, if known;
(c) The names of all of its managing partners;
(d) The address, either residence or business, of each managing partner; and
(e) The signature of a managing partner of the registered limited-liability partnership, or some other person specifically authorized by the registered limited-liability partnership to sign the list, certifying that the list is true, complete and accurate.
[Κ]
κ2017 Statutes of Nevada, Page 2784 (CHAPTER 419, AB 123)κ
2. Each list filed pursuant to [this] subsection 1 must be accompanied by a declaration under penalty of perjury that [the] :
(a) The registered limited-liability partnership has complied with the provisions of chapter 76 of NRS [, that the] ;
(b) The registered limited-liability partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State ; and [that none]
(c) None of the managing partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct.
[2.] 3. Upon filing:
(a) The initial list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of $150.
[3.] 4. If a registered limited-liability partnership files an amended list of managing partners with the Secretary of State within 60 days after the date on which the initial list required by subsection 1 is filed, the registered limited-liability partnership or the resigning managing partner is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a managing partner of a registered limited-liability partnership resigns and the resignation is not reflected on the annual or amended list of managing partners, the registered limited-liability partnership or the resigning managing partner shall pay to the Secretary of State a fee of $75 to file the resignation.
[4.] 6. The Secretary of State shall, at least 90 days before the last day for filing each annual list required by subsection 1, provide to the registered limited-liability partnership a notice of the fee due pursuant to subsection [2] 3 and a reminder to file the annual list required by subsection 1. The failure of any registered limited-liability partnership to receive a notice does not excuse it from complying with the provisions of this section.
[5.] 7. If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection [2] 3 is not paid, the Secretary of State may return the list for correction or payment.
[6.] 8. An annual list that is filed by a registered limited-liability partnership which is not in default more than 90 days before it is due shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[7.] 9. A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[8.] 10. The Secretary of State may allow a registered limited-liability partnership to select an alternative due date for filing the initial list required by subsection 1.
[9.] 11. The Secretary of State may adopt regulations to administer the provisions of subsection [8.] 10.
κ2017 Statutes of Nevada, Page 2785 (CHAPTER 419, AB 123)κ
Sec. 13. NRS 87.541 is hereby amended to read as follows:
87.541 1. Each foreign registered limited-liability partnership doing business in this State shall, [on or before the last day of the first month after] at the time of the filing of its application for registration as a foreign registered limited-liability partnership with the Secretary of State , or, if the foreign registered limited-liability partnership has selected an alternative due date pursuant to subsection [9,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
(a) The name of the foreign registered limited-liability partnership;
(b) The file number of the foreign registered limited-liability partnership, if known;
(c) The names of all its managing partners;
(d) The address, either residence or business, of each managing partner; and
(e) The signature of a managing partner of the foreign registered limited-liability partnership, or some other person specifically authorized by the foreign registered limited-liability partnership to sign the list, certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:
(a) The foreign registered limited-liability partnership has complied with the provisions of chapter 76 of NRS;
(b) The foreign registered limited-liability partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(c) None of the managing partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct.
3. Upon filing:
(a) The initial list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $150.
4. If a foreign registered limited-liability partnership files an amended list of managing partners with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the foreign registered limited-liability partnership or the resigning managing partner is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a managing partner of a foreign registered limited-liability partnership resigns and the resignation is not reflected on the annual or amended list of managing partners, the foreign registered limited-liability partnership or the managing partner shall pay to the Secretary of State a fee of $75 to file the resignation.
[5.] 6. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign registered limited-liability partnership which is required to comply with the provisions of NRS 87.541 to 87.5443, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1.
κ2017 Statutes of Nevada, Page 2786 (CHAPTER 419, AB 123)κ
registered limited-liability partnership which is required to comply with the provisions of NRS 87.541 to 87.5443, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign registered limited-liability partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 87.541 to 87.5443, inclusive.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a foreign registered limited-liability partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[8.] 9. A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power and authority of a managing partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[9.] 10. The Secretary of State may allow a foreign registered limited-liability partnership to select an alternative due date for filing the initial list required by this section.
[10.] 11. The Secretary of State may adopt regulations to administer the provisions of subsection [9.] 10.
Sec. 14. NRS 87A.290 is hereby amended to read as follows:
87A.290 1. A limited partnership shall, [on or before the last day of the first month after] at the time of the filing of its certificate of limited partnership with the Secretary of State , or, if the limited partnership has selected an alternative due date pursuant to subsection [10,] 12, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:
(a) The name of the limited partnership;
(b) The file number of the limited partnership, if known;
(c) The names of all of its general partners;
(d) The address, either residence or business, of each general partner; and
(e) The signature of a general partner of the limited partnership, or some other person specifically authorized by the limited partnership to sign the list, certifying that the list is true, complete and accurate.
[Κ]
2. Each list filed pursuant to [this] subsection 1 must be accompanied by a declaration under penalty of perjury that [the] :
(a) The limited partnership has complied with the provisions of chapter 76 of NRS [, that the] ;
(b) The limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State ; [,] and [that none]
κ2017 Statutes of Nevada, Page 2787 (CHAPTER 419, AB 123)κ
(c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.
[2.] 3. Except as otherwise provided in subsection [3,] 4, a limited partnership shall, upon filing:
(a) The initial list required by subsection 1, pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $150.
[3.] 4. A registered limited-liability limited partnership shall, upon filing:
(a) The initial list required by subsection 1, pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $150.
[4.] 5. If a limited partnership files an amended list of general partners with the Secretary of State within 60 days after the date on which the initial list required by subsection 1 is filed, the limited partnership or the resigning general partner is not required to pay a fee for filing the amended list.
6. Except as otherwise provided in subsection 5, if a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.
[5.] 7. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection [2] 3 or [3,] 4 as appropriate, and a reminder to file the annual list required pursuant to subsection 1. Failure of any limited partnership to receive a notice does not excuse it from the penalty imposed by NRS 87A.300.
[6.] 8. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection [2] 3 or [3] 4, as appropriate, is not paid, the Secretary of State may return the list for correction or payment.
[7.] 9. An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[8.] 10. A filing made pursuant to this section does not satisfy the provisions of NRS 87A.240 and may not be substituted for filings submitted pursuant to NRS 87A.240.
[9.] 11. A person who files with the Secretary of State a list required by subsection 1 which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[10.] 12. The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1.
κ2017 Statutes of Nevada, Page 2788 (CHAPTER 419, AB 123)κ
[11.] 13. The Secretary of State may adopt regulations to administer the provisions of subsection [10.] 12.
Sec. 15. NRS 87A.560 is hereby amended to read as follows:
87A.560 1. Each foreign limited partnership doing business in this State shall, [on or before the last day of the first month after] at the time of the filing of its application for registration as a foreign limited partnership with the Secretary of State , or, if the foreign limited partnership has selected an alternative due date pursuant to subsection [9,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
(a) The name of the foreign limited partnership;
(b) The file number of the foreign limited partnership, if known;
(c) The names of all its general partners;
(d) The address, either residence or business, of each general partner; and
(e) The signature of a general partner of the foreign limited partnership, or some other person specifically authorized by the foreign limited partnership to sign the list, certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:
(a) The foreign limited partnership has complied with the provisions of chapter 76 of NRS;
(b) The foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.
3. Upon filing:
(a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $150.
4. If a foreign limited partnership files an amended list of general partners with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the foreign limited partnership or the resigning general partner is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.
[5.] 6. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 87A.560 to 87A.600, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1.
κ2017 Statutes of Nevada, Page 2789 (CHAPTER 419, AB 123)κ
foreign limited partnership, which is required to comply with the provisions of NRS 87A.560 to 87A.600, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 87A.560 to 87A.600, inclusive.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[8.] 9. A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[9.] 10. The Secretary of State may allow a foreign limited partnership to select an alternative due date for filing the initial list required by this section.
[10.] 11. The Secretary of State may adopt regulations to administer the provisions of subsection [9.] 10.
Sec. 16. NRS 88.395 is hereby amended to read as follows:
88.395 1. A limited partnership shall, [on or before the last day of the first month after] at the time of the filing of its certificate of limited partnership with the Secretary of State , or, if the limited partnership has selected an alternative due date pursuant to subsection [10,] 12, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:
(a) The name of the limited partnership;
(b) The file number of the limited partnership, if known;
(c) The names of all of its general partners;
(d) The address, either residence or business, of each general partner; and
(e) The signature of a general partner of the limited partnership, or some other person specifically authorized by the limited partnership to sign the list, certifying that the list is true, complete and accurate.
[Κ]
2. Each list filed pursuant to [this] subsection 1 must be accompanied by a declaration under penalty of perjury that [the] :
(a) The limited partnership has complied with the provisions of chapter 76 of NRS [, that the] ;
(b) The limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State ; [,] and [that none]
κ2017 Statutes of Nevada, Page 2790 (CHAPTER 419, AB 123)κ
(c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.
[2.] 3. Except as otherwise provided in subsection [3,] 4, a limited partnership shall, upon filing:
(a) The initial list required by subsection 1, pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $150.
[3.] 4. A registered limited-liability limited partnership shall, upon filing:
(a) The initial list required by subsection 1, pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $200.
[4.] 5. If a limited partnership files an amended list of general partners with the Secretary of State within 60 days after the date on which the initial list required by subsection 1 is filed, the limited partnership or the resigning general partner is not required to pay a fee for filing the amended list.
6. Except as otherwise provided in subsection 5, if a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.
[5.] 7. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection [2] 3 or [3,] 4, as appropriate, and a reminder to file the annual list required pursuant to subsection 1. Failure of any limited partnership to receive a notice does not excuse it from the penalty imposed by NRS 88.400.
[6.] 8. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection [2] 3 or [3] 4 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 9. An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[8.] 10. A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.
[9.] 11. A person who files with the Secretary of State a list required by subsection 1 which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[10.] 12. The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1.
κ2017 Statutes of Nevada, Page 2791 (CHAPTER 419, AB 123)κ
[11.] 13. The Secretary of State may adopt regulations to administer the provisions of subsection [10.] 12.
Sec. 17. NRS 88.591 is hereby amended to read as follows:
88.591 1. Each foreign limited partnership doing business in this State shall, [on or before the last day of the first month after] at the time of the filing of its application for registration as a foreign limited partnership with the Secretary of State , or, if the foreign limited partnership has selected an alternative due date pursuant to subsection [9,] 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
(a) The name of the foreign limited partnership;
(b) The file number of the foreign limited partnership, if known;
(c) The names of all its general partners;
(d) The address, either residence or business, of each general partner; and
(e) The signature of a general partner of the foreign limited partnership, or some other person specifically authorized by the foreign limited partnership to sign the list, certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:
(a) The foreign limited partnership has complied with the provisions of chapter 76 of NRS;
(b) The foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.
3. Upon filing:
(a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $150.
4. If a foreign limited partnership files an amended list of general partners with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the foreign limited partnership or the resigning general partner is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.
[5.] 6. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 88.591 to 88.5945, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1.
κ2017 Statutes of Nevada, Page 2792 (CHAPTER 419, AB 123)κ
NRS 88.591 to 88.5945, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88.591 to 88.5945, inclusive.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[8.] 9. A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[9.] 10. The Secretary of State may allow a foreign limited partnership to select an alternative due date for filing the initial list required by this section.
[10.] 11. The Secretary of State may adopt regulations to administer the provisions of subsection [9.] 10.
Sec. 18. NRS 88A.600 is hereby amended to read as follows:
88A.600 1. A business trust formed pursuant to this chapter shall, [on or before the last day of the first month after] at the time of the filing of its certificate of trust with the Secretary of State , or, if the business trust has selected an alternative due date pursuant to subsection [8,] 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of trust with the Secretary of State occurs, file with the Secretary of State , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, on a form furnished by the Secretary of State, a list signed by at least one trustee, or by some other person specifically authorized by the business trust to sign the list, that contains the name and street address of at least one trustee. Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that:
(a) The business trust has complied with the provisions of chapter 76 of NRS;
(b) The business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(c) None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.
2. Upon filing:
(a) The initial list required by subsection 1, the business trust shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by subsection 1, the business trust shall pay to the Secretary of State a fee of $150.
κ2017 Statutes of Nevada, Page 2793 (CHAPTER 419, AB 123)κ
3. If a business trust files an amended list of trustees with the Secretary of State within 60 days after the date on which the initial list required by subsection 1 is filed, the business trust or the resigning trustee is not required to pay a fee for filing the amended list.
4. Except as otherwise provided in subsection 3, if a trustee of a business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.
[4.] 5. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each business trust which is required to comply with the provisions of NRS 88A.600 to 88A.665, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 2 and a reminder to file the list required pursuant to subsection 1. Failure of a business trust to receive a notice does not excuse it from the penalty imposed by law.
[5.] 6. An annual list for a business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year.
[6.] 7. A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[7.] 8. For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a business trust based solely on the fact that the person is a beneficial owner.
[8.] 9. The Secretary of State may allow a business trust to select an alternative due date for filing the initial list required by subsection 1.
[9.] 10. The Secretary of State may adopt regulations to administer the provisions of subsection [8.] 9.
Sec. 19. NRS 88A.732 is hereby amended to read as follows:
88A.732 1. Each foreign business trust doing business in this State shall, [on or before the last day of the first month after] at the time of the filing of its application for registration as a foreign business trust with the Secretary of State , or, if the foreign business trust has selected an alternative due date pursuant to subsection [10,] 11, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:
(a) The name of the foreign business trust;
(b) The file number of the foreign business trust, if known;
(c) The name of at least one of its trustees;
(d) The address, either residence or business, of the trustee listed pursuant to paragraph (c); and
(e) The signature of a trustee of the foreign business trust, or some other person specifically authorized by the foreign business trust to sign the list, certifying that the list is true, complete and accurate.
2. Each list required to be filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:
κ2017 Statutes of Nevada, Page 2794 (CHAPTER 419, AB 123)κ
(a) The foreign business trust has complied with the provisions of chapter 76 of NRS;
(b) The foreign business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(c) None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.
3. Upon filing:
(a) The initial list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $150.
4. If a foreign business trust files an amended list of trustees with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the foreign business trust or the resigning trustee is not required to pay a fee for filing the amended list.
5. Except as otherwise provided in subsection 4, if a trustee of a foreign business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the foreign business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.
[5.] 6. The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign business trust which is required to comply with the provisions of NRS 88A.732 to 88A.738, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign business trust to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88A.732 to 88A.738, inclusive.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a foreign business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[8.] 9. A person who files with the Secretary of State a list required by this section which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[9.] 10. For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a foreign business trust based solely on the fact that the person is a beneficial owner.
[10.] 11. The Secretary of State may allow a foreign business trust to select an alternative due date for filing the initial list required by this section.
[11.] 12. The Secretary of State may adopt regulations to administer the provisions of subsection [10.] 11.
κ2017 Statutes of Nevada, Page 2795 (CHAPTER 419, AB 123)κ
Sec. 20. NRS 89.250 is hereby amended to read as follows:
89.250 1. Except as otherwise provided in subsection 2, a professional association shall, [on or before the last day of the first month after] at the time of the filing of its articles of association with the Secretary of State , or, if the professional association has selected an alternative due date pursuant to subsection [7,] 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list showing the names and addresses, either residence or business, of all members and employees in the professional association and certifying that all members and employees are licensed to render professional service in this State.
2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, [on or before the last day of the first month after] at the time of the filing of its articles of association with the Secretary of State , or, if the professional association has selected an alternative due date pursuant to subsection [7,] 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year , or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list:
(a) Showing the names and addresses, either residence or business, of all members and employees of the professional association who are licensed or otherwise authorized by law to render professional service in this State;
(b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this State; and
(c) Certifying that all members who are not licensed to render professional service in this State do not render professional service on behalf of the professional association except as authorized by law.
3. Each list filed pursuant to this section must be:
(a) Made on a form furnished by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section.
(b) Signed by the chief executive officer of the professional association or by some other person specifically authorized by the chief executive officer to sign the list.
(c) Accompanied by a declaration under penalty of perjury that:
(1) The professional association has complied with the provisions of chapter 76 of NRS;
(2) The professional association acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and
(3) None of the members or employees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherance of any unlawful conduct.
4. Upon filing:
κ2017 Statutes of Nevada, Page 2796 (CHAPTER 419, AB 123)κ
(a) The initial list required by this section, the professional association shall pay to the Secretary of State a fee of $150.
(b) Each annual list required by this section, the professional association shall pay to the Secretary of State a fee of $150.
5. If a professional association files an amended list of members and employees with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the professional association is not required to pay a fee for filing the amended list.
6. A person who files with the Secretary of State an initial list or annual list required by this section which identifies a member or an employee of a professional association with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.
[6.] 7. For the purposes of this section, a person is not deemed to exercise actual control of the daily operations of a professional association based solely on the fact that the person holds an ownership interest in the professional association.
[7.] 8. The Secretary of State may allow a professional association to select an alternative due date for filing the initial list required by this section.
[8.] 9. The Secretary of State may adopt regulations to administer the provisions of subsection [7.] 8.
Sec. 21. NRS 602.010 is hereby amended to read as follows:
602.010 1. Every person doing business in this state under an assumed or fictitious name that is in any way different from the legal name of each person who owns an interest in the business must file with the county clerk of each county in which the business is being conducted a certificate containing the information required by NRS 602.020.
2. A person intending to conduct a business under an assumed or fictitious name may, before initiating the conduct of the business, file a certificate with the county clerk of each county in which the business is intended to be conducted.
3. A series created pursuant to NRS 86.296 and doing business in this State shall be deemed to be doing business in this State under an assumed or fictitious name that is different from the legal name of each person who owns an interest in the business, if the name of the series does not indicate:
(a) That it is a series; and
(b) The name of the limited-liability company which authorized the creation of the series pursuant to NRS 86.296.
Sec. 22. NRS 602.020 is hereby amended to read as follows:
602.020 1. A certificate filed pursuant to NRS 602.010 or a renewal certificate filed pursuant to NRS 602.035 must state the assumed or fictitious name under which the business is being conducted or is intended to be conducted, and if conducted by:
(a) A natural person:
(1) His or her full name;
(2) The street address of his or her residence or business; and
(3) If the mailing address is different from the street address, the mailing address of his or her residence or business;
(b) An artificial person:
κ2017 Statutes of Nevada, Page 2797 (CHAPTER 419, AB 123)κ
(1) Its name; and
(2) Its mailing address;
(c) A general partnership:
(1) The full name of each partner who is a natural person;
(2) The street address of the residence or business of each partner who is a natural person;
(3) If the mailing address is different from the street address, the mailing address of the residence or business of each partner who is a natural person; and
(4) If one or more of the partners is an artificial person described in paragraph (b), the information required by paragraph (b) for each such partner; [or]
(d) A trust:
(1) The full name of each trustee of the trust;
(2) The street address of the residence or business of each trustee of the trust; and
(3) If the mailing address is different from the street address, the mailing address of the residence or business of each trustee of the trust [.] ; or
(e) A series created pursuant to NRS 86.296:
(1) The name of the limited-liability company which authorized the creation of the series;
(2) The street address of the limited-liability company which authorized the creation of the series; and
(3) If the mailing address is different from the street address, the mailing address of the limited-liability company which authorized the creation of the series.
2. The certificate must be:
(a) Signed:
(1) In the case of a natural person, by that natural person;
(2) In the case of an artificial person, by an officer, director, manager, general partner, trustee or other natural person having the authority to bind the artificial person to a contract;
(3) In the case of a general partnership, by each of the partners who is a natural person and, if one or more of the partners is an artificial person described in subparagraph (2), by the person described in subparagraph (2); [or]
(4) In the case of a trust, by each of the trustees; [and] or
(5) In the case of a series created pursuant to NRS 86.296, by:
(I) One or more managers of the series, if the series is managed by a manager or managers;
(II) Any member associated with the series, if the series is managed by the members associated with the series;
(III) Any agent, officer, employee or other representative of the series authorized in the operating agreement or in another writing by a manager or managers of the series, if the series is managed by a manager or managers; or
(IV) Any agent, officer, employee or other representative of the series authorized in the operating agreement or in another writing by a member associated with the series, if the series is managed by its members; and
κ2017 Statutes of Nevada, Page 2798 (CHAPTER 419, AB 123)κ
(b) Notarized, unless the board of county commissioners of the county adopts an ordinance providing that the certificate may be filed without being notarized.
3. As used in this section:
(a) Artificial person means any organization organized under the law of the United States, any foreign country, or a state, province, territory, possession, commonwealth or dependency of the United States or any foreign country, and as to which the government, state, province, territory, possession, commonwealth or dependency must maintain a record showing the organization to have been organized.
(b) Record means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 23. The amendatory provisions of sections 4, 5, 7, 9 and 10 of this act:
1. Apply to any transfer or conveyance of property occurring before, on or after October 1, 2017; and
2. Apply to any administrative or judicial proceedings:
(a) Commenced on or after October 1, 2017; or
(b) Commenced before October 1, 2017, if the proceedings are pending or otherwise unresolved on October 1, 2017.
________
Assembly Bill No. 124 Assemblywomen Diaz; and Tolles
CHAPTER 420
[Approved: June 6, 2017]
AN ACT relating to education; requiring the Commission on Professional Standards in Education to establish the Nevada Model Code of Educator Ethics governing interpersonal interactions and certain communications by teachers, administrators and other employees with pupils; requiring the boards of trustees of school districts and the governing bodies of charter schools to provide training on the Code; requiring teachers, administrators and other persons employed by a school district or charter school to sign an acknowledgment of the Code upon completion of the training; creating the Nevada Educator Code of Ethics Advisory Group and prescribing its membership and duties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 3 of this bill requires the Commission on Professional Standards in Education to prescribe by regulation the Nevada Model Code of Educator Ethics for teachers, administrators and all other persons employed by a school district or a charter school relating to interpersonal interactions and communications with pupils. Section 3 requires the Commission to develop the regulations based upon the recommendations of the Nevada Educator Code of Ethics Advisory Group created by section 4 of this bill, and in consultation with the boards of trustees of school districts, the governing bodies of charter schools and, as practicable, teachers, administrators and other persons employed by school districts and charter schools.
κ2017 Statutes of Nevada, Page 2799 (CHAPTER 420, AB 124)κ
Section 3 prescribes requirements for the Code including that it clearly state, for all persons employed by a school district or governing body of a charter school, guidelines for their responsibility: (1) to the profession of education; (2) for professional competence; (3) to pupils; (4) to the school community; and (5) for the ethical use of technology.
Section 3 also requires the boards of trustees of school districts and the governing bodies of charter schools to provide all persons employed by the school district or governing body, as applicable, training in the Code and to ensure that each such person signs an acknowledgment of the Code. Finally, section 3 requires the Code to be: (1) posted on the Internet website maintained by the Department of Education; (2) distributed to the State Board of Education and each approved provider of a course of study of training for teachers; and (3) distributed to the board of trustees of each school district and the governing body of each charter school for posting on the Internet website maintained by the school district or charter school, as applicable.
Section 4 of this bill creates the Advisory Group consisting of 13 members. Section 5 of this bill requires the Advisory Group to, among other things, study codes of ethics and best practices established in other states and make certain recommendations to the Commission related to the adoption of a code of ethics for educators in this State. Section 6 of this bill requires the Advisory Group to submit reports on or before July 1, 2018, and December 1, 2018, to the Governor, State Board, Commission and Director of the Legislative Counsel Bureau for transmittal to the Legislature concerning the progress made towards carrying out its duties, including any recommendations of the Advisory Group. Section 9 of this bill provides for the expiration of the Advisory Group on June 30, 2019.
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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. Pupils are the most vital resource to the future of this State;
2. Persons who enter professions that necessitate interaction with the pupils of this State have an obligation to act professionally and ethically when dealing with a pupil;
3. Interactions and communications with pupils, whether taking place inside or outside the classroom, in person or at a distance, must:
(a) Promote a safe and respectful environment conducive to a positive educational experience; and
(b) Maintain appropriate boundaries of authority while fostering empathy and support for and encouragement of pupils.
Sec. 3. 1. The Commission shall prescribe by regulation a written policy that establishes the Nevada Model Code of Educator Ethics for teachers, administrators and other persons employed by a school district or a charter school relating to interpersonal interactions and communications with pupils. The Nevada Model Code of Educator Ethics must, without limitation:
(a) Be developed based upon the recommendations of the Nevada Educator Code of Ethics Advisory Group created by section 4 of this act and in consultation with the boards of trustees of school districts, the governing bodies of charter schools and, as practicable, teachers, administrators and other persons employed by school districts and charter schools.
κ2017 Statutes of Nevada, Page 2800 (CHAPTER 420, AB 124)κ
(b) Clearly state the guidelines for:
(1) Responsibility to the profession of education;
(2) Responsibility for professional competence;
(3) Responsibility to pupils;
(4) Responsibility to the school community; and
(5) The responsible and ethical use of technology, including, without limitation, electronic communication.
2. The board of trustees of each school district and the governing body of each charter school shall provide training on the Nevada Model Code of Educator Ethics to teachers, administrators and other persons employed by the school district or charter school. Upon completion of the training, each teacher, administrator and other person employed by a school district or a charter school must sign a written acknowledgment of the Nevada Model Code of Educator Ethics.
3. The Department shall post the Nevada Model Code of Educator Ethics prescribed by regulation pursuant to subsection 1 on the Internet website maintained by the Department and provide a copy of the Code to:
(a) The State Board;
(b) Each educational institution that provides a course of study or training for the education of teachers approved pursuant to NRS 391.037 and 391.038;
(c) Each qualified provider approved pursuant to NRS 391.019;
(d) The board of trustees of each school district; and
(e) The governing body of each charter school.
Κ Each board of trustees and governing body must post the Code on the Internet website maintained by the school district or charter school, as applicable.
4. As used in this section, electronic communication has the meaning ascribed to it in NRS 388.124.
Sec. 4. 1. The Nevada Educator Code of Ethics Advisory Group is hereby created, consisting of the following 13 members:
(a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the Advisory Group.
(b) One member appointed by the Chancellor of the Nevada System of Higher Education who is a dean of one of the Colleges of Education within the System or a person nominated by such a dean for appointment by the Chancellor.
(c) Three members who are teachers appointed by the Governor from a list of two nominees submitted by the Speaker of the Assembly and two nominees submitted by the Majority Leader of the Senate. The members must be recommended by the Nevada State Education Association or its successor organization and the Association shall consider for recommendation teachers who are certified by a national board.
(d) Two members who are parents of pupils who attend a public school in this State, appointed by the Governor from a list of nominees submitted by the Speaker of the Assembly and the Majority Leader of the Senate.
(e) One member who is a member of student government or the Nevada Youth Legislature, appointed by the Superintendent of Public Instruction.
κ2017 Statutes of Nevada, Page 2801 (CHAPTER 420, AB 124)κ
(f) Two members who are school-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators or its successor organization.
(g) One member who is an employee of a school district with expertise in labor-management relations, appointed by the Governor.
(h) One member who is licensed by a board in this State, other than the State Board, that has a code of ethics and requires compliance as a condition to continued licensure, appointed by the Governor.
(i) One member who is a superintendent of schools of a school district, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents.
Κ In making the appointments to the Advisory Group, the appointing authorities shall ensure that the membership represents the geographic and ethnic diversity of the State.
2. A vacancy on the Advisory Group must be filled in the same manner as the original appointment.
3. The Advisory Group shall, at its first meeting, elect a Chair from among its members.
4. The Advisory Group shall meet at least quarterly and may meet at other times upon the call of the Chair.
5. The members of the Advisory Group serve without compensation, except that for each day or portion of a day during which a member of the Advisory Group attends a meeting of the Advisory Group or is otherwise engaged in the business of the Advisory Group, the member is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.
6. A member of the Advisory Group who is a public employee must be granted administrative leave from the members duties to engage in the business of the Advisory Group without loss of his or her regular compensation. Such leave does not reduce the amount of the members other accrued leave.
7. Any costs associated with employing a substitute teacher while a member of the Advisory Group who is a teacher attends a meeting of the Advisory Group must be paid by the school district or charter school that employs the member.
8. The Department shall provide the Advisory Group with such staff as necessary for the Advisory Group to carry out its responsibilities.
9. The Advisory Group may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties.
Sec. 5. The Nevada Educator Code of Ethics Advisory Group created by section 4 of this act shall:
1. Study codes of ethics and best practices that have been established in other states.
2. Make recommendations to the Commission for the adoption of a code of ethics for educators in this State. Such a code of ethics must address, without limitation, responsibility to the profession of education, professional competence, responsibility to pupils, responsibility to the school community and the ethical use of technology.
κ2017 Statutes of Nevada, Page 2802 (CHAPTER 420, AB 124)κ
3. Develop strategies to carry out a code of ethics which may include, without limitation, recommending the adoption of regulations by the State Board or the Commission or recommending legislation to revise provisions of law.
4. Review courses offered by the Nevada System of Higher Education, educational institutions approved pursuant to NRS 391.037 and 391.038 and qualified providers approved pursuant to NRS 391.019 which provide training to teachers on ethical responsibilities to determine whether the material is adequate to inform teachers of the requirements included in any proposed code of ethics that is established.
5. Provide any recommendations deemed necessary and appropriate to the Board of Regents of the University of Nevada, educational institutions and qualified providers for improvements to a course described in subsection 4 and provide a copy of such recommendations to the Governor, the State Board, the Commission and the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.
6. Study the cost of professional development for teachers, administrators, paraprofessionals and other educational personnel and the use and availability of regional training programs and any federal funding available for professional development of teachers, administrators, paraprofessionals and other educational personnel.
Sec. 6. 1. On or before July 1, 2018, and December 1, 2018, the Nevada Educator Code of Ethics Advisory Group created by section 4 of this act shall prepare a report concerning the status of the Advisory Group in carrying out its duties as described in section 5 of this act, including, without limitation, any recommendations which the Advisory Group has made and any response to such recommendations.
2. The report prepared pursuant to subsection 1 must be submitted to the Governor, the State Board, the Commission and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and the 80th Session of the Nevada Legislature.
Sec. 7. Section 3 of this act is hereby amended to read as follows:
Sec. 3. 1. The Commission shall prescribe by regulation a written policy that establishes the Nevada Model Code of Educator Ethics for teachers, administrators and other persons employed by a school district or a charter school relating to interpersonal interactions and communications with pupils. The Nevada Model Code of Educator Ethics must, without limitation:
(a) Be developed [based upon the recommendations of the Nevada Educator Code of Ethics Advisory Group created by section 4 of this act and] in consultation with the boards of trustees of school districts, the governing bodies of charter schools and, as practicable, teachers, administrators and other persons employed by school districts and charter schools.
κ2017 Statutes of Nevada, Page 2803 (CHAPTER 420, AB 124)κ
(b) Clearly state the guidelines for:
(1) Responsibility to the profession of education;
(2) Responsibility for professional competence;
(3) Responsibility to pupils;
(4) Responsibility to the school community; and
(5) The responsible and ethical use of technology, including, without limitation, electronic communication.
2. The board of trustees of each school district and the governing body of charter school shall provide training on the Nevada Model Code of Educator Ethics to teachers, administrators and other persons employed by the school district or charter school. Upon completion of the training, each teacher, administrator and other person employed by a school district or a charter school must sign a written acknowledgment of the Nevada Model Code of Educator Ethics.
3. The Department shall post the Nevada Model Code of Educator Ethics prescribed by regulation pursuant to subsection 1 on the Internet website maintained by the Department and provide a copy of the Code to:
(a) The State Board;
(b) Each educational institution that provides a course of study or training for the education of teachers approved pursuant to NRS 391.037 and 391.038;
(c) Each qualified provider approved pursuant to NRS 391.019;
(d) The board of trustees of each school district; and
(e) The governing body of each charter school.
Κ Each board of trustees and governing body must post the Code on the Internet website maintained by the school district or charter school, as applicable.
4. As used in this section, electronic communication has the meaning ascribed to it in NRS 388.124.
Sec. 8. The members of the Nevada Educator Code of Ethics Advisory Group created by section 4 of this act must be appointed as soon as practicable but not later than October 1, 2017. The Advisory Group shall hold its first meeting not later than January 1, 2018.
Sec. 9. 1. This section and sections 1, 2 and 3 of this act become effective on July 1, 2017.
2. Sections 4, 5, 6 and 8 of this act become effective on July 1, 2017, and expire by limitation on June 30, 2019.
3. Section 7 of this act becomes effective on July 1, 2019.
________
κ2017 Statutes of Nevada, Page 2804κ
Assembly Bill No. 224Assemblyman Carrillo
CHAPTER 421
[Approved: June 6, 2017]
AN ACT relating to disabilities; replacing the term related conditions with the term developmental disability for certain purposes; prohibiting a provider of jobs and day training services from entering into certain contracts or arrangements except under certain conditions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Various provisions of existing law govern the care and services provided to persons with intellectual disabilities and persons with related conditions. (Chapters 433, 433A, 433C and 435 of NRS) For the purposes of these provisions, a person with related conditions is generally defined to mean a person with a condition closely related to an intellectual disability and requiring treatment or services similar to those required by a person with an intellectual disability. (NRS 433.211) For the purposes of the provisions referred to above, this bill generally replaces references to the term related conditions with the term developmental disability. Such a disability is defined in sections 1 and 17 of this bill as autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that: (1) is manifested before the age of 22 years and is likely to continue indefinitely; (2) substantially limits certain major life activities; and (3) results in a lifelong or protracted need for individually planned and coordinated services, support or other assistance.
Existing federal law prohibits certain entities from compensating a person who is less than 25 years of age at a rate less than the federal minimum wage unless certain conditions are met. (29 U.S.C. § 794g) Existing law permits a person or organization to provide jobs and day training services to persons with intellectual disabilities and persons with related conditions. (NRS 435.130-435.310) Such a provider may contract with county and school officials and public and private agencies for the provision of such services. (NRS 435.310) Section 45 of this bill prohibits any such contract that provides for the employment of a person under 25 years of age unless the person is paid at least the state minimum wage, except under the conditions prescribed in federal law under which such a person may be compensated at less than the federal minimum wage. Section 15.5 of this bill codifies those conditions into state law.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
Developmental disability has the meaning ascribed to it in NRS 435.007.
Sec. 2. NRS 433.005 is hereby amended to read as follows:
433.005 As used in chapters 433 to 433C, inclusive, of NRS, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.227, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
κ2017 Statutes of Nevada, Page 2805 (CHAPTER 421, AB 224)κ
Sec. 3. NRS 433.314 is hereby amended to read as follows:
433.314 The Commission shall:
1. Establish policies to ensure adequate development and administration of services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities, developmental disabilities , [and related conditions,] substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution;
2. Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders provided by all state agencies;
3. Review the programs and finances of the Division; and
4. Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature on the quality of the care and treatment provided for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders in this State and on any progress made toward improving the quality of that care and treatment.
Sec. 4. NRS 433.316 is hereby amended to read as follows:
433.316 The Commission may:
1. Collect and disseminate information pertaining to mental health, intellectual disabilities, developmental disabilities , [and related conditions,] substance use disorders and co-occurring disorders.
2. Request legislation pertaining to mental health, intellectual disabilities, developmental disabilities , [and related conditions,] substance use disorders and co-occurring disorders.
3. Review findings of investigations of complaints about the care of any person in a public facility for the treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders.
4. Accept, as authorized by the Legislature, gifts and grants of money and property.
5. Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders provided through private nonprofit organizations, governmental entities, hospitals and clinics.
6. Promote programs for the treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders and participate in and promote the development of facilities for training persons to provide services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders.
κ2017 Statutes of Nevada, Page 2806 (CHAPTER 421, AB 224)κ
7. Create a plan to coordinate the services for the treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders provided in this State and to provide continuity in the care and treatment provided.
8. Establish and maintain an appropriate program which provides information to the general public concerning mental illness, intellectual disabilities, developmental disabilities , [and related conditions,] substance use disorders and co-occurring disorders and consider ways to involve the general public in the decisions concerning the policy on mental illness, intellectual disabilities, developmental disabilities , [and related conditions,] substance use disorders and co-occurring disorders.
9. Compile statistics on mental illness and study the cause, pathology and prevention of that illness.
10. Establish programs to prevent or postpone the commitment of residents of this State to facilities for the treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders.
11. Evaluate the future needs of this State concerning the treatment of mental illness, intellectual disabilities, developmental disabilities , [and related conditions,] substance use disorders and co-occurring disorders and develop ways to improve the treatment already provided.
12. Take any other action necessary to promote mental health in this State.
Sec. 5. NRS 433.318 is hereby amended to read as follows:
433.318 1. The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders and who, to the extent practicable, represent the ethnic and geographic diversity of this State.
2. A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.
3. The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
Sec. 6. NRS 433.325 is hereby amended to read as follows:
433.325 The Commission or its designated agent may inspect any state facility providing services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities , [and persons with related conditions,] persons with substance use disorders or persons with co-occurring disorders to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant thereto.
Secs. 7 and 8. (Deleted by amendment.)
κ2017 Statutes of Nevada, Page 2807 (CHAPTER 421, AB 224)κ
Sec. 9. NRS 433C.110 is hereby amended to read as follows:
433C.110 The Legislature declares that the purposes of this chapter are:
1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to persons with intellectual disabilities and persons with developmental disabilities , [and persons with related conditions,] through locally controlled community mental health programs.
2. To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals be rendered only upon voluntary application.
Sec. 10. NRS 433C.170 is hereby amended to read as follows:
433C.170 The county board shall:
1. Review and evaluate communities needs, services, facilities and special problems in the fields of mental health , [and] intellectual disabilities and developmental disabilities . [and related conditions.]
2. Advise the governing body as to programs of community mental health services and facilities and services to persons with intellectual disabilities and persons with developmental disabilities [and persons with related conditions,] and, when requested by the governing body, make recommendation regarding the appointment of a county director.
3. After adoption of a program, continue to act in an advisory capacity to the county director.
Sec. 11. NRS 433C.190 is hereby amended to read as follows:
433C.190 The county director shall:
1. Serve as chief executive officer of the county program and be accountable to the county board.
2. Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to persons with intellectual disabilities or persons with developmental disabilities , [and persons with related conditions,] except as administrative responsibility is otherwise provided for in this title.
3. Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.
4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge of his or her duties, including the control and prevention of psychiatric disorders and the treatment of intellectual disabilities and developmental disabilities . [and related conditions.]
Sec. 12. NRS 433C.260 is hereby amended to read as follows:
433C.260 Expenditures made by counties for county programs, including services to persons with intellectual disabilities or persons with developmental disabilities , [and persons with related conditions,] pursuant to this chapter [,] must be reimbursed by the State pursuant to NRS 433C.270 to 433C.350, inclusive.
κ2017 Statutes of Nevada, Page 2808 (CHAPTER 421, AB 224)κ
Sec. 13. NRS 433C.270 is hereby amended to read as follows:
433C.270 1. A service operated within a county program must be directed to at least one of the following mental health areas:
(a) Mental illness;
(b) Intellectual disabilities;
(c) Developmental disabilities ; [and related conditions;
(c)] (d) Organic brain and other neurological impairment;
[(d)] (e) Alcoholism; and
[(e)] (f) Drug abuse.
2. A service is any of the following:
(a) Diagnostic service;
(b) Emergency service;
(c) Inpatient service;
(d) Outpatient or partial hospitalization service;
(e) Residential, sheltered or protective care service;
(f) Habilitation or rehabilitation service;
(g) Prevention, consultation, collaboration, education or information service; and
(h) Any other service approved by the Division.
Sec. 14. NRS 433C.300 is hereby amended to read as follows:
433C.300 1. Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 433C.260 to 433C.290, inclusive, must be allotted to the governing body as follows:
(a) The State shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 433C.280 if the county has complied with the provisions of paragraph (b).
(b) Before payment under this subsection, the governing body of a county must submit evidence to the Administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.
2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] in the State of Nevada must be disbursed through the Division in accordance with the provisions of this chapter and rules and regulations adopted in accordance therewith.
Sec. 15. NRS 433C.340 is hereby amended to read as follows:
433C.340 Fees for mental health services, including services to persons with intellectual disabilities or persons with developmental disabilities , [and persons with related conditions,] rendered pursuant to an approved county plan must be charged in accordance with ability to pay, but not in excess of actual cost.
Sec. 15.5. Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a provider of jobs and day training services certified pursuant to this section and NRS 435.130 to 435.310, inclusive, may enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age under which the person will be paid less than the state minimum wage if the person was employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c) or, before beginning such employment, the person has:
κ2017 Statutes of Nevada, Page 2809 (CHAPTER 421, AB 224)κ
July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c) or, before beginning such employment, the person has:
(a) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
(b) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and
(c) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751, inclusive, and been found:
(1) Ineligible for such services; or
(2) Eligible for such services and:
(I) Has an individualized plan for employment pursuant to 29 U.S.C. § 722;
(II) Has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success; and
(III) The persons vocational rehabilitation case has been closed.
2. Counseling, information, referrals, services and supports provided pursuant to paragraph (b) of subsection 1 must not be provided to a person for the purpose of obtaining employment compensated at less than the state minimum wage.
3. A provider of jobs and day training services certified pursuant to this section and NRS 435.130 to 435.310, inclusive, shall not enter into a contract or other arrangement described in subsection 1 with a local educational agency.
4. Except as otherwise provided in subsection 5, if a provider of jobs and day training services certified pursuant to this section and NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1:
(a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and
(b) The employer of the person shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, inform the person of opportunities in the geographic area in which the person resides to receive training concerning self-advocacy, self-determination and peer mentoring that is provided by a person or entity that does not have a financial interest in the employment outcome of the person.
5. If a provider of jobs and day training services certified pursuant to this section and NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1 with a business with fewer than 15 employees, the business may satisfy the requirements of subsection 4 by referring a person employed pursuant to the arrangement to the Division for the services described in that subsection at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment.
κ2017 Statutes of Nevada, Page 2810 (CHAPTER 421, AB 224)κ
6. The Division, in consultation with the Department of Education, shall adopt regulations prescribing the manner in which compliance with the requirements of subsections 1 and 4 may be documented.
7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall:
(a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6;
(b) For the duration of the employment:
(1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and
(2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).
8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.
9. As used in this section:
(a) Competitive integrated employment has the meaning ascribed to it in 29 U.S.C. § 705.
(b) Local educational agency has the meaning ascribed to it in 20 U.S.C. § 1401(19).
Sec. 16. NRS 435.005 is hereby amended to read as follows:
435.005 Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the Division offering services to persons with intellectual disabilities or persons with developmental disabilities . [and persons with related conditions.]
Sec. 17. NRS 435.007 is hereby amended to read as follows:
435.007 As used in this chapter, unless the context otherwise requires:
1. Administrative officer means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator.
2. Administrator means the Administrator of the Division.
3. Child means any person under the age of 18 years who may be eligible for intellectual disability services or developmental disability services . [or services for a related condition.]
4. Department means the Department of Health and Human Services.
5. Developmental disability means autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22 years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
κ2017 Statutes of Nevada, Page 2811 (CHAPTER 421, AB 224)κ
(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration.
6. Director of the Department means the administrative head of the Department.
[6.] 7. Division means the Aging and Disability Services Division of the Department.
[7.] 8. Division facility means any unit or subunit operated by the Division for the care, treatment and training of consumers.
[8.] 9. Intellectual disability means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
[9.] 10. Intellectual and developmental disability center means an organized program for providing appropriate services and treatment to persons with intellectual disabilities and persons with [related conditions.] developmental disabilities. An intellectual and developmental disability center may include facilities for residential treatment and training.
[10.] 11. Medical director means the chief medical officer of any program of the Division for persons with intellectual disabilities or developmental disabilities . [and persons with other related conditions.
11.] 12. Mental illness has the meaning ascribed to it in NRS 433.164.
[12.] 13. Parent means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.
[13.] 14. Person includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability [or a related condition] who has attained the age of 18 years.
[14.] 15. Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
[15. Persons with related conditions means persons who have a severe, chronic disability which:
(a) Is attributable to:
(1) Cerebral palsy or epilepsy; or
(2) Any other condition, other than mental illness, found to be closely related to an intellectual disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability and requires treatment or services similar to those required by a person with an intellectual disability;
(b) Is manifested before the person affected attains the age of 22 years;
(c) Is likely to continue indefinitely; and
(d) Results in substantial functional limitations in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living.]
16. Residential facility for groups means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.
κ2017 Statutes of Nevada, Page 2812 (CHAPTER 421, AB 224)κ
17. Training means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] through the process of providing those experiences that will enable the person to:
(a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;
(b) Live in an environment that is conducive to personal dignity; and
(c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
18. Treatment means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.
Sec. 18. NRS 435.009 is hereby amended to read as follows:
435.009 It is the policy of this State that persons with intellectual disabilities and persons with developmental disabilities : [and persons with related conditions:]
1. Receive services in a considerate and respectful manner;
2. Are recognized as individuals before recognizing the disabilities of the persons; and
3. Are to be referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability.
Sec. 19. NRS 435.010 is hereby amended to read as follows:
435.010 1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the children with intellectual disabilities and children with developmental disabilities [and children with related conditions] of their respective counties.
2. For that purpose, they are empowered to make all necessary contracts and agreements to carry out the provisions of this section and NRS 435.020 and 435.030. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.
3. The provisions of this section and NRS 435.020 and 435.030 supplement the services which other political subdivisions or agencies of the State are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.
Sec. 20. NRS 435.020 is hereby amended to read as follows:
435.020 All children with intellectual disabilities and children with developmental disabilities [and children with related conditions] are entitled to benefits under this section and NRS 435.010 and 435.030:
1. Who are unable to pay for their support and care;
2. Whose parents, relatives or guardians are unable to pay for their support and care; and
3. If division facilities are to be utilized, whom the Division recognizes as proper subjects for services within such division facilities.
Sec. 21. NRS 435.030 is hereby amended to read as follows:
435.030 1. A parent, relative, guardian or nearest friend of any child with an intellectual disability or any child with a developmental disability [or any child with a related condition] who is a resident of this State may file with the board of county commissioners of the proper county an application under oath stating:
κ2017 Statutes of Nevada, Page 2813 (CHAPTER 421, AB 224)κ
(a) That the child meets the criteria set forth in NRS 435.020; and
(b) That the child requires services not otherwise required by law to be provided to the child by any other county, political subdivision or agency of this or any other state.
2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.
3. The board of county commissioners shall make necessary arrangements for the transportation of a child with an intellectual disability or a child with a developmental disability [or a child with a related condition] to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.
4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or facility in or without the State of Nevada under contract with the board of county commissioners to receive any such child.
Sec. 22. NRS 435.035 is hereby amended to read as follows:
435.035 1. To the extent that money is available for that purpose, the Division of Health Care Financing and Policy of the Department [of Health and Human Services] and the Aging and Disability Services Division of the Department shall establish a pilot program to provide intensive care coordination services to children with intellectual disabilities or children with developmental disabilities [and children with related conditions] who are also diagnosed as having behavioral health needs and who reside in a county whose population is 100,000 or more.
2. The intensive care coordination services provided by the pilot program must include, without limitation:
(a) Medically necessary habilitation or rehabilitation and psychiatric or behavioral therapy provided using evidence-based practices to a child with intellectual disabilities or a child with developmental disabilities [or a child with a related condition] who is also diagnosed as having behavioral health needs;
(b) Support for the family of such a child, including, without limitation, respite care for the primary caregiver of the child;
(c) Coordination of all services provided to such a child and his or her family;
(d) Food and lodging expenses for such a child who is receiving supported living arrangement services and does not reside with his or her parent or guardian;
(e) Assistance with acquisition of life skills and community participation that is provided in the residence of a child with an intellectual disability or a child with a developmental disability [or a child with a related condition] who has also been diagnosed as having behavioral health needs;
(f) Nonmedical transportation;
(g) Career planning;
(h) Supported employment; and
(i) Prevocational services.
3. The Division of Health Care Financing and Policy and the Aging and Disability Services Division shall:
(a) Design and utilize a system to collect and analyze data concerning the evidence-based practices used pursuant to paragraph (a) of subsection 2;
κ2017 Statutes of Nevada, Page 2814 (CHAPTER 421, AB 224)κ
(b) On or before July 1, 2017, obtain an independent evaluation of the effectiveness of the pilot program; and
(c) Collaborate with each person or governmental entity that provides services pursuant to the pilot program to obtain grants for the purpose of carrying out the pilot program. The Division of Health Care Financing and Policy, the Aging and Disability Services Division and any other governmental entity that provides services pursuant to the pilot program may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the pilot program.
4. The Director of the Department of Health and Human Services shall make any amendments to the State Plan for Medicaid authorized by Federal law and obtain any Medicaid waivers from the Federal Government necessary to use money received pursuant to the State Plan for Medicaid to pay for any part of the pilot program described in subsection 1 for which such money is authorized to be used by federal law or by the waiver.
5. As used in this section:
(a) [Children with related conditions means children who have a severe, chronic disability which:
(1) Is attributable to:
(I) Cerebral palsy or epilepsy; or
(II) Any other condition, other than mental illness, found to be closely related to an intellectual disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a child with an intellectual disability and requires treatment or services similar to those required by a child with an intellectual disability;
(2) Is likely to continue indefinitely; and
(3) Results in substantial functional limitations in three or more of the following areas of major life activity:
(I) Taking care of oneself;
(II) Understanding and use of language;
(III) Learning;
(IV) Mobility;
(V) Self-direction; and
(VI) Capacity for independent living.
(b) Intellectual disability has the meaning ascribed to it in NRS 435.007.
(c)] Intensive care coordination services means the delivery of comprehensive services provided to a child with an intellectual disability or a child with a developmental disability [or a child with a related condition that] who is also diagnosed as having behavioral health needs, or the family of such a child, that are coordinated by a single entity and delivered in an individualized and culturally appropriate manner.
[(d)] (b) Supported living arrangement services means flexible, individualized services provided in a [residential setting,] homelike environment, for compensation, to a child with an intellectual disability or a child with a developmental disability [or a person with a related condition] who is also diagnosed as having behavioral health needs that are designed and coordinated to assist the person in maximizing the childs independence, including, without limitation, training and habilitation services.
κ2017 Statutes of Nevada, Page 2815 (CHAPTER 421, AB 224)κ
Sec. 23. NRS 435.060 is hereby amended to read as follows:
435.060 The Division may operate a residential facility for groups to care for and maintain persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] until they can live in a more normal situation.
Sec. 24. NRS 435.077 is hereby amended to read as follows:
435.077 1. The Administrator shall adopt regulations for the transfer of persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] from one facility to another facility operated by the Division.
2. Subject to the provisions of subsection 3, when the Administrator or his or her designee determines that it is in the best interest of the person, the Administrator or his or her designee may discharge, or place on convalescent leave, any person with an intellectual disability or a person with a developmental disability [or person with a related condition] in a facility operated by the Division.
3. When a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] is committed to a division facility by court order, the committing court must be given 10 days notice before the discharge of that person.
Sec. 25. NRS 435.081 is hereby amended to read as follows:
435.081 1. The Administrator or the Administrators designee may receive a person of this State with an intellectual disability or a person of this State with a developmental disability [or a person with a related condition of this State] for services in a facility operated by the Division if:
(a) The person is a person with an intellectual disability or a person with a developmental disability [or is a person with a related condition] and is in need of institutional training and treatment;
(b) Space is available which is designed and equipped to provide appropriate care for the person;
(c) The facility has or can provide an appropriate program of training and treatment for the person; and
(d) There is written evidence that no less restrictive alternative is available in the persons community.
2. A person with an intellectual disability or a person with a developmental disability [or a person with a related condition] may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
3. A court may order that a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period, the Division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received, cared for and examined at a division facility for persons with intellectual disabilities or persons with developmental disabilities [or persons with related conditions] for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of NRS 62E.280 and subsection 1 of NRS 432B.560.
κ2017 Statutes of Nevada, Page 2816 (CHAPTER 421, AB 224)κ
than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of NRS 62E.280 and subsection 1 of NRS 432B.560. At the end of the 10 days, the Administrator or the Administrators designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the Administrators report.
5. The parent or guardian of a person believed to be a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] may apply to the administrative officer of a division facility to have the person evaluated by personnel of the Division who are experienced in the diagnosis of intellectual disabilities and developmental disabilities . [and related conditions.] The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself or herself if the person has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, the administrative officer may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
Sec. 26. NRS 435.085 is hereby amended to read as follows:
435.085 The administrative officer of a division facility may authorize the transfer of a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] to a general hospital for necessary diagnostic, medical or surgical services not available within the Division. All expenses incurred under this section must be paid as follows:
1. In the case of a person with an intellectual disability or person with a developmental disability who is judicially committed , [or a person with a related condition who is judicially committed,] the expenses must be paid by the persons parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with an intellectual disability or the person with a developmental disability ; [or the person with a related condition;]
2. In the case of a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and
3. In the case of a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] admitted to a division facility upon voluntary application as provided in NRS 435.081, the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and for the remainder, if any, the Administrator shall explore all reasonable alternative sources of payment.
κ2017 Statutes of Nevada, Page 2817 (CHAPTER 421, AB 224)κ
Sec. 27. NRS 435.090 is hereby amended to read as follows:
435.090 1. When any child with an intellectual disability or any child with a developmental disability [or a child with a related condition] is committed to a division facility by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of the child regarding the ability of the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of the child while residing in the facility.
2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.
3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from the estate.
4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
Sec. 28. NRS 435.100 is hereby amended to read as follows:
435.100 1. When any person with an intellectual disability or any person with a developmental disability [or a person with a related condition] is transferred from one care facility operated by the Division to another care facility operated by the Division, the parent, parents or guardian shall continue to contribute the amount for the care, support and maintenance of the person as may have previously been ordered by the court of competent jurisdiction committing the person.
2. If no such order was entered by the committing court, the Division may petition the court for an order requiring the parent, parents or guardian to contribute.
3. Any order for contribution entered under the provisions of subsection 2 must be entered in the same manner and has the same effect as an order for contribution entered under the provisions of NRS 435.090.
Sec. 29. NRS 435.110 is hereby amended to read as follows:
435.110 1. When any child with an intellectual disability or any child with a developmental disability [or a child with a related condition] is admitted to a facility operated by the Division at the request of a parent, parents or guardian, the parent, parents or guardian shall enter into an agreement with the Division providing for the contribution of an amount for the care, support and maintenance of the child as determined by the Division to be reasonable. In determining the amount, the Division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.
2. If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
3. If the Division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of the child, but that the estate of the child is able to contribute, the Division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of the child, if there is none, and for an order requiring the guardian to contribute an amount as determined by the court.
κ2017 Statutes of Nevada, Page 2818 (CHAPTER 421, AB 224)κ
Sec. 30. NRS 435.115 is hereby amended to read as follows:
435.115 The Administrator shall establish a fee schedule, in consultation with the State Association for Retarded Citizens and subject to the approval of the Board and the Director of the Department, for services rendered to persons with intellectual disabilities and persons with developmental disabilities [and persons with related conditions] by the Division.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 435.121 is hereby amended to read as follows:
435.121 1. There are two types of admissions of persons with intellectual disabilities or persons with developmental disabilities [or persons with related conditions] to an intellectual and developmental disability center:
(a) Voluntary admission.
(b) Involuntary admission.
2. An application for admission of a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] to an intellectual and developmental disability center must be made on a form approved by the Division and the Attorney General. The clerk of each district court in the State shall make the forms available to any person upon request.
Sec. 33. NRS 435.122 is hereby amended to read as follows:
435.122 1. Any person with an intellectual disability or any person with a developmental disability [or a person with a related condition] may apply to any intellectual and developmental disability center for admission as a voluntary consumer. The persons parent or guardian or another responsible person may submit the application on his or her behalf.
2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.
Sec. 34. NRS 435.123 is hereby amended to read as follows:
435.123 Whenever a person is alleged to be a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] and is alleged to be a clear and present danger to himself or herself or others, the persons parent or guardian or another responsible person may initiate proceedings for his or her involuntary admission to an intellectual and developmental disability center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of intellectual disabilities or developmental disabilities , [and related conditions] stating that he or she has examined the person within the preceding 30 days and has concluded that the person is a person with an intellectual disability or a person with a developmental disability , [or is a person with a related condition,] has demonstrated that the person is a clear and present danger to himself or herself or to others and is in need of institutional training and treatment.
Sec. 35. NRS 435.124 is hereby amended to read as follows:
435.124 Immediately after receiving the petition, the clerk of the district court shall transmit the petition to the district judge, who shall:
1. Determine whether appropriate space and programs are available for the person at the intellectual and developmental disability center to which it is proposed that the person be admitted; and
κ2017 Statutes of Nevada, Page 2819 (CHAPTER 421, AB 224)κ
2. If appropriate space and programs are available, set a time and place for a hearing on the petition.
Κ The hearing must be held within 7 calendar days after the date when the petition was filed. The clerk of the court shall give notice of the hearing to the person who is the subject of the petition, the persons attorney, if known, the petitioner and the administrative officer of the intellectual and developmental disability center to which it is proposed that the person be admitted.
Sec. 36. NRS 435.125 is hereby amended to read as follows:
435.125 1. After the petition is filed, the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the intellectual and developmental disability center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of intellectual disabilities and developmental disabilities . [and related conditions.] The examination or evaluation must indicate whether the person is or is not a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] and whether the person is or is not in need of institutional training and treatment.
2. The court may allow the person alleged to be a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] to remain at his or her place of residence pending any ordered examination and to return upon completion of the examination. One or more of the persons relatives or friends may accompany the person to the place of examination.
Sec. 37. NRS 435.126 is hereby amended to read as follows:
435.126 1. The person alleged to be a person with an intellectual disability or a person with a developmental disability , [or a person with a related condition,] or any relative or friend acting on the persons behalf, is entitled to retain counsel to represent him or her in any proceeding before the district court relating to his or her involuntary admission to an intellectual and developmental disability center.
2. If counsel has not been retained, the court, before proceeding, shall advise the person and the persons guardian, or closest living relative if such a relative can be located, of the persons right to have counsel.
3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent the person. If the person is indigent, the counsel appointed may be the public defender.
4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] last resided.
Sec. 38. NRS 435.127 is hereby amended to read as follows:
435.127 In proceedings for involuntary admission of a person to an intellectual and developmental disability center:
1. The court shall hear and consider all relevant evidence, including the certificate, signed by a physician or licensed psychologist, which accompanied the petition and the testimony of persons who conducted examinations or evaluations ordered by the court after the petition was filed.
κ2017 Statutes of Nevada, Page 2820 (CHAPTER 421, AB 224)κ
2. The person must be present and has the right to testify, unless the physician or licensed psychologist who signed the certificate, or who examined the person as ordered by the court, is present and testifies that the person is so severely disabled that he or she is unable to be present.
3. The person may obtain independent evaluation and expert opinion at his or her own expense, and may summon other witnesses.
Sec. 39. NRS 435.128 is hereby amended to read as follows:
435.128 1. Upon completion of the proceedings for involuntary admission of a person to an intellectual and developmental disability center, if the court finds:
(a) That the person is a person with an intellectual disability or a person with a developmental disability , [or a person with a related condition,] has demonstrated that the person is a clear and present danger to himself or herself or others and is in need of institutional training and treatment;
(b) That appropriate space and programs are available at the intellectual and developmental disability center to which it is proposed that the person be admitted; and
(c) That there is no less restrictive alternative to admission to an intellectual and developmental disability center which would be consistent with the best interests of the person,
Κ the court shall by written order certify that the person is eligible for involuntary admission to an intellectual and developmental disability center.
2. A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the consumer has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the intellectual and developmental disability center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.
Sec. 40. NRS 435.129 is hereby amended to read as follows:
435.129 1. If the administrative officer of an intellectual and developmental disability center finds that a consumer is no longer in need of the services offered at the center, the administrative officer shall discharge that consumer.
2. A written notice of the discharge must be given to the consumer and the consumers representatives at least 10 days before the discharge.
3. If the consumer was admitted involuntarily, the Administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the persons admission.
Sec. 41. NRS 435.130 is hereby amended to read as follows:
435.130 The intent of the Legislature in the enactment of NRS 435.130 to 435.310, inclusive, and section 15.5 of this act is to aid persons with intellectual disabilities and persons with developmental disabilities [and persons with related conditions] who are not served by existing programs in receiving high quality care and training in an effort to help them become useful citizens.
Sec. 41.5. NRS 435.140 is hereby amended to read as follows:
435.140 As used in NRS 435.130 to 435.310, inclusive, and section 15.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 435.172, 435.176 and 435.179 have the meanings ascribed to them in those sections.
κ2017 Statutes of Nevada, Page 2821 (CHAPTER 421, AB 224)κ
Sec. 42. NRS 435.176 is hereby amended to read as follows:
435.176 Jobs and day training services means individualized services for day habilitation, prevocational, employment and supported employment:
1. Which are provided:
(a) For compensation;
(b) In a division facility or in the community; and
(c) To a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] who is served by the Division; and
2. Which are designed to assist the person in:
(a) Learning or maintaining skills;
(b) Succeeding in paid or unpaid employment;
(c) Increasing self-sufficiency, including, without limitation, training and habilitation services; and
(d) Contributing to the persons community.
Sec. 43. NRS 435.220 is hereby amended to read as follows:
435.220 1. The Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:
(a) Standards for the provision of quality care and training by providers of jobs and day training services;
(b) The requirements for the issuance and renewal of a certificate; and
(c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.
2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services. Any such agreements must include a provision stating that employment is the preferred service option for all adults of working age.
3. For the purpose of entering into an agreement described in subsection 2, if the qualifications of more than one agency are equal, the Division shall give preference to the agency that will provide persons with intellectual disabilities or persons with developmental disabilities [or persons with related conditions] with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:
(a) Is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities ; [and persons without related conditions;] and
(b) Pays at or above the minimum wage prescribed by regulation of the Labor Commissioner pursuant to NRS 608.250.
Sec. 44. NRS 435.225 is hereby amended to read as follows:
435.225 1. A partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.
2. A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.
3. For the purpose of issuing a certificate pursuant to this section, if the qualifications of more than one applicant are equal, the Division shall give preference to the natural person who, or the nonprofit organization, state or local government or agency thereof that, will provide persons with intellectual disabilities or persons with developmental disabilities [or persons with related conditions] with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:
κ2017 Statutes of Nevada, Page 2822 (CHAPTER 421, AB 224)κ
local government or agency thereof that, will provide persons with intellectual disabilities or persons with developmental disabilities [or persons with related conditions] with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:
(a) Is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities ; [and persons without related conditions;] and
(b) Pays at or above the minimum wage prescribed by regulation of the Labor Commissioner pursuant to NRS 608.250.
4. Each application for the issuance or renewal of a certificate issued pursuant to this section must include a provision stating that employment is the preferred service option for all adults of working age.
Sec. 45. NRS 435.310 is hereby amended to read as follows:
435.310 A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, [may enter] and section 15.5 of this act:
1. Except as otherwise provided in subsection 2, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] who would also qualify for care or training programs offered by the public schools or by county welfare programs.
2. Except as otherwise provided in section 15.5 of this act, shall not enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age where the person will be paid less than the state minimum wage.
Sec. 46. NRS 435.3315 is hereby amended to read as follows:
435.3315 Supported living arrangement services means flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] who is served by the Division that are designed and coordinated to assist the person in maximizing the persons independence, including, without limitation, training and habilitation services.
Sec. 47. NRS 435.340 is hereby amended to read as follows:
435.340 Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter may be construed as depriving a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] of the persons full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incompetency wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.
Sec. 48. NRS 435.350 is hereby amended to read as follows:
435.350 1. Each person with an intellectual disability and each person with a developmental disability [and each person with a related condition] admitted to a division facility is entitled to all rights enumerated in NRS 435.006, 435.565 and 435.570.
2. The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with an intellectual disability or persons with a developmental disability .
κ2017 Statutes of Nevada, Page 2823 (CHAPTER 421, AB 224)κ
disability . [and persons with related conditions.] The person designated shall file the regulations with the Administrator.
3. Consumers rights specified in NRS 433.482, 433.484, 435.565 and 435.570 may be denied only for cause. Any denial of such rights must be entered in the consumers treatment record, and notice of the denial must be forwarded to the Administrators designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.
4. Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrators designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission on Behavioral Health.
5. The Commission on Behavioral Health has such powers and duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in subsection 3 of NRS 435.610.
Sec. 49. NRS 435.360 is hereby amended to read as follows:
435.360 1. The relatives of a consumer with an intellectual disability or a consumer with a developmental disability [or a consumer with a related condition] who is 18 years of age or older are not responsible for the costs of the consumers care and treatment within a division facility.
2. The consumer or the consumers estate, when able, may be required to contribute a reasonable amount toward the costs of the consumers care and treatment. Otherwise, the full costs of the services must be borne by the State.
Sec. 50. NRS 435.365 is hereby amended to read as follows:
435.365 1. To the extent that money is available for that purpose, whenever a person with an intellectual disability or a person with a developmental disability [or a related condition] is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:
(a) The person with an intellectual disability or the person with a developmental disability [or a related condition] has been diagnosed as having a profound or severe intellectual disability or developmental disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a person with a profound or severe developmental disability ; [or a related condition;]
(b) The person with an intellectual disability or the person with a developmental disability [or a related condition] is receiving adequate care; and
(c) The person with an intellectual disability or the person with a developmental disability [or a related condition] and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support.
Κ The amount of the assistance must be established by legislative appropriation for each fiscal year.
2. The Administrator shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
κ2017 Statutes of Nevada, Page 2824 (CHAPTER 421, AB 224)κ
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The Administrator shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.
4. The decision of the Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Sec. 51. NRS 435.370 is hereby amended to read as follows:
435.370 The Division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for persons with intellectual disabilities or persons with developmental disabilities . [and persons with related conditions.]
Sec. 52. NRS 435.375 is hereby amended to read as follows:
435.375 1. The Division shall enter into a cooperative agreement with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to provide long-term support to persons with intellectual disabilities or persons with developmental disabilities , [and persons with related conditions,] including, without limitation, jobs and day training services and supported living arrangement services. The agreement must include a provision stating that employment is the preferred service option for all adults of working age.
2. The Administrator may adopt regulations governing the provision of services to persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] who are unable or unwilling to be employed.
Sec. 53. NRS 435.380 is hereby amended to read as follows:
435.380 1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of those provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the State Treasury to the credit of the Intellectual and Developmental Disability Gift Account in the Department of Health and Human Services Gift Fund.
3. All claims must be approved by the Administrator before they are paid.
Sec. 54. NRS 435.390 is hereby amended to read as follows:
435.390 1. The administrative officer of any division facility where persons with intellectual disabilities or persons with developmental disabilities [or persons with related conditions] reside may establish a canteen operated for the benefit of consumers and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.
2. Each canteen must be self-supporting. No money provided by the State may be used for its operation.
3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.
κ2017 Statutes of Nevada, Page 2825 (CHAPTER 421, AB 224)κ
Sec. 55. NRS 435.400 is hereby amended to read as follows:
435.400 1. The division facilities providing services for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] are designated as:
(a) Desert Regional Center;
(b) Sierra Regional Center; and
(c) Rural Regional Center.
2. Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.
Sec. 56. NRS 435.411 is hereby amended to read as follows:
435.411 The administrative officer of a facility of the Division must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to intellectual disabilities and developmental disabilities, including care and treatment of persons with intellectual disabilities and persons with developmental disabilities . [and persons with related conditions.]
Sec. 57. NRS 435.425 is hereby amended to read as follows:
435.425 1. The Division shall carry out a vocational and educational program for the certification of intellectual and developmental disability technicians, including forensic technicians employed by the Division, or other employees of the Division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the Nevada System of Higher Education.
2. An intellectual and developmental disability technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize an intellectual and developmental disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The Administrator shall adopt regulations to carry out the provisions of this section.
4. As used in this section, intellectual and developmental disability technician means an employee of the Division who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions,] and who has direct responsibility for:
(a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.
κ2017 Statutes of Nevada, Page 2826 (CHAPTER 421, AB 224)κ
Sec. 58. NRS 435.430 is hereby amended to read as follows:
435.430 1. The Administrator shall adopt regulations:
(a) For the care and treatment of persons with intellectual disabilities and persons with developmental disabilities [and persons with related conditions] by all state agencies and facilities, and their referral to private facilities;
(b) To ensure continuity in the care and treatment provided to persons with intellectual disabilities and persons with developmental disabilities [and persons with related conditions] in this State; and
(c) Necessary for the proper and efficient operation of the facilities of the Division.
2. The Administrator may adopt regulations to promote programs relating to intellectual disabilities or developmental disabilities . [and related conditions.]
Sec. 59. NRS 435.445 is hereby amended to read as follows:
435.445 The Division or its designated agent may inspect any division facility providing services for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] to determine if the facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 60. NRS 435.455 is hereby amended to read as follows:
435.455 The Division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of persons with intellectual disabilities or persons with developmental disabilities . [and persons with related conditions.]
Sec. 61. NRS 435.460 is hereby amended to read as follows:
435.460 The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] when it appears that they can be treated best in that manner.
Sec. 62. NRS 435.470 is hereby amended to read as follows:
435.470 Nothing in this chapter precludes the involuntary court-ordered admission of a person with an intellectual disability or a person with a developmental disability [or person with a related condition] to a private institution where such admission is authorized by law.
Sec. 63. NRS 435.490 is hereby amended to read as follows:
435.490 1. Upon approval of the Director of the Department, the Administrator may accept:
(a) Donations of money and gifts of real or personal property; and
(b) Grants of money from the Federal Government,
Κ for use in public or private programs that provide services to persons in this State with intellectual disabilities or persons with developmental disabilities . [and persons with related conditions.]
2. The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] in a manner that supports the plan to coordinate services created by the Commission on Behavioral Health pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the Administrator shall make disbursements to programs that will maximize the benefit provided to persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] in consideration of the nature and value of the donation, gift or grant.
κ2017 Statutes of Nevada, Page 2827 (CHAPTER 421, AB 224)κ
disabilities or persons with developmental disabilities [and persons with related conditions] in consideration of the nature and value of the donation, gift or grant.
3. Within limits of legislative appropriations or other available money, the Administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.
Sec. 64. NRS 435.495 is hereby amended to read as follows:
435.495 1. The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of this chapter. The schedule must be submitted to the Commission on Behavioral Health and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 435.465 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to consumers with intellectual disabilities or consumers with developmental disabilities . [and related conditions.]
2. For a facility providing services for the treatment of persons with intellectual disabilities or persons with developmental disabilities , [and persons with related conditions,] the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.
Sec. 65. NRS 435.505 is hereby amended to read as follows:
435.505 An intellectual and developmental disability center revolving account up to the amount of $5,000 is hereby created for each division intellectual and developmental disability center, and may be used for the payment of bills of the intellectual and developmental disability center [bills] requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective intellectual and developmental disability centers on claims as other claims against the State are paid.
Sec. 66. NRS 435.515 is hereby amended to read as follows:
435.515 1. For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to an intellectual or developmental disability facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this State when such permission is conformable to the provisions of this chapter governing admissions to a division facility.
2. The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this State has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.
κ2017 Statutes of Nevada, Page 2828 (CHAPTER 421, AB 224)κ
Sec. 67. NRS 435.535 is hereby amended to read as follows:
435.535 Administrative officer means a person with overall executive and administrative responsibility for a facility that provides services relating to intellectual disabilities or developmental disabilities [and related conditions] and that is operated by any public or private entity.
Sec. 68. NRS 435.575 is hereby amended to read as follows:
435.575 1. An individualized written plan of intellectual disability services or developmental disability services [or plan of services for a related condition] must be developed , as applicable, for each consumer of each facility. The plan must:
(a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and
(b) Be developed with the input and participation of:
(1) The consumer, to the extent that he or she is able to provide input and participate; and
(2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated mentally incompetent.
2. The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.
3. The person in charge of implementing the plan of services must be designated in the plan.
Sec. 69. NRS 435.645 is hereby amended to read as follows:
435.645 1. An employee of a public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] or any other person, except a consumer, who:
(a) Has reason to believe that a consumer of the Division or of a private facility offering services for consumers with intellectual disabilities or consumers with developmental disabilities [and consumers with related conditions] has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any division facility occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription;
(d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or
(e) Contrives the escape, elopement or absence of a consumer,
Κ is guilty of a misdemeanor, in addition to any other penalties provided by law.
2. In addition to any other penalties provided by law, an employee of a public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] or any other person, except a consumer, who willfully abuses or neglects a consumer:
κ2017 Statutes of Nevada, Page 2829 (CHAPTER 421, AB 224)κ
(a) For a first violation that does not result in substantial bodily harm to the consumer, is guilty of a gross misdemeanor.
(b) For a first violation that results in substantial bodily harm to the consumer, is guilty of a category B felony.
(c) For a second or subsequent violation, is guilty of a category B felony.
Κ A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if the person is an officer or employee of the State, the person forfeits his or her office or position.
4. A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.
5. For the purposes of this section:
(a) Abuse means any willful and unjustified infliction of pain, injury or mental anguish upon a consumer, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the consumer;
(2) The use of any type of aversive intervention;
(3) Except as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and
(4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law.
Κ Any act which meets the standard of practice for care and treatment does not constitute abuse.
(b) Consumer includes any person who seeks, on the persons own or others initiative, and can benefit from, care, treatment and training in a public or private institution or facility offering services for persons with intellectual disabilities or persons with developmental disabilities . [and persons with related conditions.]
(c) Neglect means any omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to follow:
(1) An appropriate plan of treatment to which the consumer has consented; and
(2) The policies of the facility for the care and treatment of consumers.
Κ Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.
(d) Standard of practice means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.
Sec. 70. NRS 435.655 is hereby amended to read as follows:
435.655 1. When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with an intellectual disability or a person with a developmental disability [or person with a related condition] who is a minor or the husband or wife of a person with an intellectual disability or a person with a developmental disability , [or person with a related condition,] if of sufficient ability, and the estate of the person with an intellectual disability or the person with a developmental disability , [or person with a related condition,] if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or the person with a developmental disability , [or person with a related condition,] including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
κ2017 Statutes of Nevada, Page 2830 (CHAPTER 421, AB 224)κ
or the husband or wife of a person with an intellectual disability or a person with a developmental disability , [or person with a related condition,] if of sufficient ability, and the estate of the person with an intellectual disability or the person with a developmental disability , [or person with a related condition,] if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or the person with a developmental disability , [or person with a related condition,] including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
(a) To the administrative officer if the person is admitted to a division facility; or
(b) In all other cases, to the hospital rendering the service.
2. If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.
Sec. 71. NRS 435.700 is hereby amended to read as follows:
435.700 1. A public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:
(a) The drug is not a controlled substance;
(b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;
(c) The drug is returned unopened and sealed in the original manufacturers packaging or bottle;
(d) The usefulness of the drug has not expired;
(e) The packaging or bottle contains the expiration date of the usefulness of the drug; and
(f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.
2. A dispensing pharmacy to which a drug is returned pursuant to this section may:
(a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5; or
(b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676.
3. No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.
4. A facility offering services for persons with intellectual disabilities or persons with developmental disabilities [and persons with related conditions] shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:
κ2017 Statutes of Nevada, Page 2831 (CHAPTER 421, AB 224)κ
(a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.
(b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy.
(c) Be approved by the State Board of Pharmacy.
5. The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:
(a) Returning and reissuing such drugs pursuant to the provisions of this section.
(b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and NRS 639.2676.
(c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.
Sec. 72. (Deleted by amendment.)
Sec. 73. NRS 220.125 is hereby amended to read as follows:
220.125 1. The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disability.
2. Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, persons with disabilities, persons with mental illness, persons with developmental disabilities, persons with intellectual disabilities and other words and terms that are structured in a similar manner.
3. Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, disabled, handicapped, mentally disabled, mentally ill, mentally retarded and other words and terms that tend to equate the disability with the person.
Sec. 74. NRS 608.255 is hereby amended to read as follows:
608.255 For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:
1. The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative program of such a facility or workshop.
2. The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310, inclusive, and section 15.5 of this act, and a person with an intellectual disability or a person with a developmental disability [or a person with a related condition] participating in a jobs and day training services program.
3. The relationship between a principal and an independent contractor.
4. As used in this section, developmental disability has the meaning ascribed to it in NRS 435.007.
κ2017 Statutes of Nevada, Page 2832 (CHAPTER 421, AB 224)κ
Sec. 75. In preparing supplements to the Nevada Administrative Code, the Legislative Counsel shall make such changes as necessary so that references in chapters 433 and 435 of the Nevada Administrative Code to mental retardation, related conditions and related terms are replaced with references to developmental disabilities and related terms.
Sec. 76. 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. 77. 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. 78. NRS 433.211 is hereby repealed.
Sec. 79. 1. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2018, for all other purposes.
2. Section 22 of this act expires by limitation on June 30, 2019.
________
Assembly Bill No. 288Assemblymen Joiner, Frierson, Benitez-Thompson, Carrillo, Diaz; Araujo, Carlton, Fumo, Jauregui, Monroe-Moreno, Spiegel and Swank
Joint Sponsor: Senator Cannizzaro
CHAPTER 422
[Approved: June 6, 2017]
AN ACT relating to the protection of certain persons; revising provisions governing the additional penalty that must be imposed for certain crimes of criminal violations of law committed against an older person or a vulnerable person; revising provisions relating to immunity from civil or criminal liability for certain acts; increasing the maximum term of imprisonment for a person who commits certain acts against an older person or a vulnerable person that result in substantial bodily or mental harm to or the death of the person; revising the penalties for committing certain acts against an older person or a vulnerable person or conspiring to commit certain acts against an older person or a vulnerable person; establishing provisions relating to certain clauses relating to dispute resolution included in contracts used by facilities for long-term care; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the imposition of an additional penalty upon a person who commits certain crimes or criminal violations of law against a person 60 years of age or older or a vulnerable person, and provides that the sentence prescribed runs consecutively with the sentence prescribed by statute for the crime or criminal violation. (NRS 193.167) Section 1 of this bill provides that the additional sentence prescribed must not exceed the sentence imposed for the crime or criminal violation.
κ2017 Statutes of Nevada, Page 2833 (CHAPTER 422, AB 288)κ
Existing law extends immunity from civil or criminal liability to every person who, in good faith: (1) participates in the making of a report concerning the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; (2) submits information contained in such a report to a licensing board; or (3) causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person. (NRS 200.5096) Section 1.5 of this bill provides that such immunity does not extend to any person who abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation or any person who committed certain other acts relating to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person.
Existing law establishes the penalties to be imposed upon a person who abuses, neglects, exploits, isolates or abandons an older person or a vulnerable person. Any person who has assumed responsibility to care for an older person or a vulnerable person and who neglects the older person or vulnerable person or commits certain other related acts, thereby causing substantial bodily or mental harm to or the death of the older person or vulnerable person, is guilty of a category B felony and is punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years. (NRS 200.5099) Section 2 of this bill increases the maximum term of imprisonment for the commission of such acts from 6 years to 20 years. Section 2 also revises the penalties for certain offenses relating to the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person and provides that a person who commits any such offense is guilty of: (1) either a category C felony or gross misdemeanor, as determined by the court, for the first offense or, if the offense is exploitation, the monetary value involved is less than $650 or cannot be determined; or (2) a category B felony for the second and all subsequent offenses or, if the offense is exploitation, if the monetary value involved is $650 or more.
Existing law provides that a person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person is punished: (1) for the first offense, for a gross misdemeanor; or (2) for the second and all subsequent offenses, for a category C felony. (NRS 200.50995) Section 3 of this bill increases the penalty for the commission of a second or subsequent offenses to a category B felony punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
Section 4 of this bill: (1) provides that if a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause which specifies or restricts the means by which the parties to the contract are required to resolve any dispute, the clause must be included as an addendum to the contract; and (2) establishes requirements pertaining to the form and content of such an addendum.
Section 5 of this bill amends Senate Bill No. 360 of this session, which includes a provision that is identical to section 4, to ensure that the provisions in the two bills do not conflict with each other.
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 193.167 is hereby amended to read as follows:
193.167 1. Except as otherwise provided in NRS 193.169, any person who commits the crime of:
(a) Murder;
(b) Attempted murder;
(c) Assault;
(d) Battery;
(e) Kidnapping;
κ2017 Statutes of Nevada, Page 2834 (CHAPTER 422, AB 288)κ
(f) Robbery;
(g) Sexual assault;
(h) Embezzlement of, or attempting or conspiring to embezzle, money or property of a value of $650 or more;
(i) Obtaining, or attempting or conspiring to obtain, money or property of a value of $650 or more by false pretenses; or
(j) Taking money or property from the person of another,
Κ against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, 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.
2. Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, 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.
3. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime or criminal violation;
(b) The criminal history of the person;
(c) The impact of the crime or criminal violation on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
Κ The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
4. The sentence prescribed by this section [must run] :
(a) Must not exceed the sentence imposed for the crime or criminal violation; and
(b) Must run consecutively with the sentence prescribed by statute for the crime or criminal violation.
5. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
6. As used in this section, vulnerable person has the meaning ascribed to it in NRS 200.5092.
Sec. 1.5. NRS 200.5096 is hereby amended to read as follows:
200.5096 [Immunity]
1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:
[1.] (a) Participates in the making of a report;
[2.] (b) Causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; or
κ2017 Statutes of Nevada, Page 2835 (CHAPTER 422, AB 288)κ
[3.] (c) Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.
2. The immunity provided in subsection 1 does not extend to any person who has:
(a) Abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.5099;
(b) Conspired with another to commit abuse, exploitation or isolation of the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.50995; or
(c) Aided and abetted in or was an accessory to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person who is the subject of the report or investigation or the conspiracy to commit abuse, exploitation or isolation of the older person or vulnerable person.
Sec. 2. NRS 200.5099 is hereby amended to read as follows:
200.5099 1. Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:
(a) For the first offense, of [a gross] either of the following, as determined by the court:
(1) A category C felony and shall be punished as provided in NRS 193.130; or
(2) A gross misdemeanor [;] and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For [any] the second and all subsequent [offense] offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,
Κ unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who [:
(a) Neglects] neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering [;
(b) Permits], permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering [;] or
[(c) Permits] permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect [,
Κ] is guilty :
(a) For the first offense, of [a gross] either of the following, as determined by the court:
(1) A category C felony and shall be punished as provided in NRS 193.130; or
(2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
κ2017 Statutes of Nevada, Page 2836 (CHAPTER 422, AB 288)κ
(b) For the second and all subsequent offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,
Κ unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
3. Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished [,] :
(a) For the first offense, if the value of any money, assets and property obtained or used:
[(a)] (1) Is less than $650, [for a gross] of either of the following, as determined by the court:
(I) A category C felony as provided in NRS 193.130; or
(II) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;
[(b)] (2) Is at least $650, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or
[(c)] (3) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment [,] ; or
(b) For the second and all subsequent offenses, regardless of the value of any money, assets and property obtained or used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
Κ unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
4. If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished [for a gross] :
(a) For the first offense, of either of the following, as determined by the court:
(1) A category C felony as provided in NRS 193.130; or
(2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment [.] ; or
(b) For the second and all subsequent offenses, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
Κ unless a more severe penalty is prescribed by law for the act which brought about the exploitation.
5. Any person who isolates or abandons an older person or a vulnerable person is guilty:
(a) For the first offense, of [a gross] either of the following, as determined by the court:
κ2017 Statutes of Nevada, Page 2837 (CHAPTER 422, AB 288)κ
(1) A category C felony and shall be punished as provided in NRS 193.130; or
(2) A gross misdemeanor [;] and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For [any] the second and all subsequent [offense,] offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000 [.] ,
Κ unless a more severe penalty is prescribed by law for the act or omission which brings about the isolation or abandonment.
6. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, 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 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than [6] 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.
9. As used in this section:
(a) Allow means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.
(b) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.
(c) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.
Sec. 3. NRS 200.50995 is hereby amended to read as follows:
200.50995 1. A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:
[1.] (a) For the first offense, for a gross misdemeanor [.
2.] by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For the second and all subsequent offenses, for a category [C] B felony [as provided in NRS 193.130.
Κ] by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
κ2017 Statutes of Nevada, Page 2838 (CHAPTER 422, AB 288)κ
2. Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.
Sec. 4. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause which specifies or restricts the means by which the parties to the contract are required to resolve any dispute, the clause must be included as an addendum to the contract and:
(a) Be printed in large font on a separate page with a separate signature line;
(b) Fully explain the effect of signing the addendum, including, without limitation, that any dispute must be resolved exclusively through the means authorized by the clause; and
(c) Clearly state that the person signing the contract is not required to sign the addendum.
2. As used in this section, facility for long-term care means:
(a) A residential facility for groups;
(b) A facility for intermediate care;
(c) A facility for skilled nursing;
(d) A home for individual residential care; and
(e) Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.
Sec. 5. Section 7.5 of Senate Bill No. 360 of this session is hereby amended to read as follows:
Sec. 5.5. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause [providing that] which specifies or restricts the means by which the parties to the contract [agree] are required to resolve any dispute , [through arbitration,] the clause must be included as an addendum to the contract and:
(a) Be printed in large font on a separate page with a separate signature line;
(b) Fully explain the effect of signing the addendum, including, without limitation, that any dispute [will] must be resolved exclusively through the [arbitration process instead of in court;] means authorized by the clause; and
(c) Clearly state that the person signing the contract is not required to sign the addendum.
2. As used in this section, facility for long-term care means:
(a) A residential facility for groups;
(b) A facility for intermediate care;
(c) A facility for skilled nursing;
(d) A home for individual residential care; and
(e) Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.
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